Gilpin observer., 1900-07-26

saw no rescue except to declare martial
law and to enforce it with all the power
he could bring to bear. In this way
some sort of order could be maintained,
though the many questions arising about
mining rights cannot be settled, and
must be postponed, probably for some
time. Under these conditions the situa-
tion OF new arrivals seems to be most
unfortunate; most of them will be able
to do little or nothing, and before long
large proportion will be ready to leave
in any way they can. 1t is fortunate
that, while great many people have
gone to the north. the number has been
much less than was at first expected, or
than the transportation companies tried
to secure. What effect the present dis
couraging news will have on those who
intended to go is uncertain. Probably
the greater portion Of them have already
started, and it is too late for them to
turn back.
EXPERTiNG ROUTT COUNTY MINES.
Harry \. Lee, state commissioner of
mines, and his assistant, j. G.. Langley,
are now at Steamboat Springs, Routt
county, investigating the mineral re-
sources of Routt county, their findings
to be incorporated in the next annual
report of the mining bureau, says the
Denver Republican. Routt county has
been one of the most poorly represented
counties in the past and an extra effort
is being made this year to bring it to
view. Mr.. Lee is endeavoring to secure
500 from the county commissioners for
the purpose of working up the report,
and, from all accounts, he is likely to
succeed. From Steamboat Springs they
will proceed to Hahn's peak and Farwell
mountain.
TOBIN's NEW HIT GOLD PAN.
John Tobin, prospector of much ex-
perience, has devised and patented what
is termed Tobin's "New Hit" gold pan,
made for him by John Joyce, of New
York. The device is simple one, the
improvement consisting in the addition
to the ordinary pan of strip Of per-
forated metal forming pocket on one
side. In use it is found that the gold or
other heavy metal will work into this
pocket and be retained there, while the
lighter sand and tailings will wash out
through the perforations. Pebbles or
gravel too large to enter the pocket will
be carried over the edge. The inventor
used this pa in the Cape Nome district
last season with much success. Its uses
and merits will be evident to prospectors
and others who have had occasion to
pan for gold.
WHEN MINING INTEREST is NOT SUB
JECT To LEM.
Recently three decisions have been
handed down relating to when mining in
terests are not subject to lien. The su-
preme court of Colorado in the case OF
Davidson VS.. Jennings held: "Where
the evidence failed to show that mine
was being worked under contract by
which c. was in any way liable for the
labor performed or material furnished
for same, but clearly established that it
was being operated by two others under
a recorded lease, in which c. had no in
terest, and such labor, ETC., we're fur
nished for the exclusive use and benefit,
C.'s interest in the mine was not subject
to lien for same, though he owned
one-fourth interest in the mine, and was
cognizant of the work, and to some cx-
tent, while employed ms bookkeeper for
the lessees, took part in its direction in
in their absence, and gave orders for
merchandise in their name, but failed to
notify the parties dealing with them Of
his true relation"
1t the second case, that OF Schweltzer
vs. Mansfield, the court OF appeals OF
Colorado held that "a mechanics lien
on mining claim, showing that the
complainants were employed by and
rendered services for the lossees OF the
owner OF the owner OF the property,
states no cause OF action against the
property"
The same court, in the case OF the
Little Valsria Gold Mining and Milling
company held that "a complaint by
miners TO enforce miners lien against
the owner Of the mine, alleging that
they had been employed by sub.lcssee in
accordance with the provisions OF the
original lease and that their wages had
not been paid but failing to show that
the owner Of the claim was connected
with the contracted employment, or in
any manner obligated for the payment OF
their wages, is insufficient to hold him
or his interest in the property"
NEWS AND NOTES.
Michnel Flaherty, OF this city, has