davidaulloa/AmericanStories huggingface dataset:
The Nome nugget., 1901-11-23

seriously argued that either rule or custom of hat kind would be reasou- able; Or ought to be upheld by the cnurts. If neit her the rule nor the custom can be maintained literally, tn. n what effect shall be given to tht h. ? ! Counsel for defendant answ CTS: Thh ' efIect-Thas no claim shah be l. nger than 1920 feet, nor wider than 6G0 feet. | Two object ons appear to this answer. 1 The first ;s that neither the rule nH. ,ustnn is to that effec,; and second, the C urt ought not to infer a construction which d rs not fairly exfstsfor the puR- ! pose or forfeiting the prtor claim of an- other. Jupiter NJ. Gov. Belie NJ. Co.,, | II Fed. C66.
 Local Ru'ss Only Directory.
 Why nnt s-ermine ,.e 'cn tuction tn be z an tc is ti. he ,'I, ah. cu,t, ID h, E., 2 similar ..u'o Il tht v.',. as Neither th- ,,Il", ucrtIf. ,-.", relied on by --7 u,gl. 4 ..ss hdu 70 'iN la }H,aV ''' ''t+' '''+ 'Ft'''''i''r 'H'tt ' -ifV ~latatoiy' y prov sims reia nI D the lCn. Il and wi'!ih ot lJGc ciall.,s ih sec1 tiOn 232o l.. =. }cv. Stat. d. e h'eru1 cal l,y that, yet in the eel ebrateds Eure sat< concurred ill by Judge SAwyer, the U. =. Circuit Court Of Ncvas'a de, lareG: ''In the second place. the prov>it n Cf the statute of 1872 requirin. the limos of each claim to ',e parallel to each other. i5 ere'y diret tor!, and no ctn- sequence is 9ttatt-hed to a deviation from it's rirocti"r.' Ky a arity of rra- soning II >cem- air to ,tnclude that the rule and custom in question are each only directory, and not mandatory and no .oE,e iuence can be att rhed 10 ev at,Cn from e.tEet then
 Eureka NJ. Gov. Richmond NJ. C,.,4 Saw. 303;.9 Nor. j.S.
 Muers' Rules Cannot Limit.
 More important questions, iowever, are involved:. Can a placer mining lOca- tion be limited by miners rule, reg
 
 area less than twenty acres, or, seconi, in form, upon the un-urveyed public land?
 . While the construction given to the mining laws by the Department of the, Interior may net be binding upon the coarts, com,emporaneous and long accepted construction by that depaix. ment is ent tied to great consideration. Anl especially is this true when it ap-- pears that Tor many Years the titles through all placer patents have vested under that construction which has not once been questioned by the courts.
 The sixty-irst rule or regulation
 iContinued on page 4)
The Nome nugget., 1901-11-23

Following is the opinion in full, xaSaed down by Jut ge N i:hershan, os- the district court, on November -l6, ia the case of J. T. Fiji and C. w. Tremper. plaintiffs, vs. Finley Me- Intosh, Peter McIntt sh, William Me. Intosh and C. E. Bsylts, defendants.
 The-ppinion is uf 30 much iu portance tothe mining inte rests of this section that the NuGGET totay p-blishes it in fall, =
 antrsductlcu:
 This ts & su.t'ia .jcttEen. to recover pSssessien of a portion Of a mining claim which l, known :e all parties to this action aud Will be hereafter re- ferred to as the "l'ali.nrniu fraction. Plaintiffs allege two sources of title; tue first is derived through a placer mining location made on May 9, 1899 atone- Thorolf Kjelsbarg, and the sec onu through a p.aver location upon the same ground made on Aug. IS, 1900, by Magnus Kjelsberg. The defendants claim title through location of the "California fraction" by one L. C.. Go'.4d made ontAug. 22,-looo.- By stip- l,lasiyn-in open court jury trial was waived md the cause submitted to the decision of the court upon the merits.
 1t is not deniad that each of the Kjelshergs made their locations at the dates claimed; it is admitted thst their southeast and south> vest corner stakes are identical in place with those of the "Califcrnia fraction" land it is admit ted that the "California fraction" was located; and intended to Do located, within the Kjelsbcrgs' claims, with the intent to locate and claim the excess in width therein over 660F feet. The following diagram shows the respective locations of ths parties and glves, at approximately. the admitted corners and distances of theirGlaims:
The Nome nugget., 1901-11-23
ground 1t does not contain more than twenty acres of land
 Lode VIZ. Placer Claims,
SCALE: 1 in. 200 Feet.

Lode VS. Placer Claims.
 It may save time to suggest at the beginning tbas different rule Is fixed Dy statuto for determining the shape md area Of lode and placer claims. section 2320. F. S, being section ? of the act of 1872, provides that lode claim located after the 10th day of May, 1872, ''may equal. but shall not exceed. one thousand five hundred feet in length afung the vein Or lod', r. DO claim shall extend more than three hundred feet on each side of the middle of ths vein at the surface, nor shallany claim be limited by any mining rsgu- lation to less than twenty-five feet on each side Uf the middle of the vein at the surface the end lines oi oach claim shall be parallel to each o,hsr."
 Here Is specific starntory limitation upon the maximum length of lode oiAin, and 6 specific limitation upon both the maximum and minimum
 
 width. with 8 specific direction that the end lines shall be parallel to each other. And yet in the Eureka case, in.ths U. s. circuit court of Nevada, decided in by Judge Field ani concurred in by Judge Sawyer, it is said that "the provision of the statute of 1875, requiring the lines of each claim to be parallel to each other, is merely directory, and no consequence is attached to deviation from it's direction. Eureka M. Co. V. Richmond NJ. Co.,. { Saw. 303; 0 Nor. Min, Rep. 57a. Nor is 1t necessary that the sito' lines of 6 lode claim should be parallel, or that the location should he in the form of & parallelog nm. A lode claim may be in any form, bounded by lines, not exceeding the maximum length and width which on. ables the miner to follow the vein oi ore. A horseshoe shape has passed tho Supreme Court of the United States
The Nome nugget., 1901-11-23
to the extent allowed by law it will be us, aimed.
 Excess in Area of Placer Claims.


 Is there an excess in area in this case? Can there be an excess in a placer min ing claim however wide or long it may be, without the area exceeds twenty acres? To answer thesn questions in- wolves brief examination of the Unite q Statt mining laws and the condibionS which preceded their enactment by Congress. The necessa ary information upon these matters, however, is au- thoitt vely stated in the declsions of the Supreme Court of the United States, and in the statutes themselves.
 From the discovery of gold in Cali. fornia to the passage of the act provid- ing for district anL circuit court fer the district of Nevada, approved FeL- rutry 27, 1865, tlrere was no na,it na Legislation upon the subjcc, of the west. ern gold lear,pg mineral lands. The Act of Feb..27, 1865, only recognized the right of ltigants tu maintain suits for possession of such lands without regai q to the paramount ownership of the United $, ,ates. Flum the beginning of mining In California, however, local rules and regulations adopted by the miners1n district meetings had been recognized as the common law of the diggings. In Jennison v. Kirk, 9S U. $. 4u3, Judge Field continues this histtri. cal reWew:s -es sE
 'Theso regulations and customs were appealed to in. n.cOntroversies in the state oOur 5 and received their sanction; an properties to the value of many mlillO, 2 es.ed upon them. For els h. cen years, from lS4e to 1866, the reguiatilns and customs of m.ners, as enforced and nodded by the courts and sanctioned by the legislation Of the states. constitute q the law governing property in mines and in water On tue public mineral lands" --1@ @ss
 First Minj ig Statut .s. sa
 The Act of Congress of July 26. 18e8y known as the lode and water law, was
The Nome nugget., 1901-11-23

 alfouaa and dIennonfr anhe
Fulb; Text cf. OpinlOn.

ChaA S. Johnson, F. c. Sullivan, 4. ,: Daly, Ira D. Orton and Albert Fink, attorneys for plsintirs.'
 Thompson, Murxne and Thompson, Attorneys for defendants.
 Wickerxharn, district judge.' Unde, the admitted facts ih this case thes. questions arise for determination by tn. court:
 ]. Was Thorolf Kjelsberg's placer location void because his notice of To- cation called for tract 1920 feet wide, while ths stakes hud monuments act ually set by him at tho corners of his claim enclosed Q space dceeribod in the foregoing map-1O6l feet on south line, zS7 feet on the vast line,l9oa feet on the north line, and 777.7 feet on the east ilne2
 2. Was It. void as to the excess in width over 66O feet9
 a Was the junior location unsde by MaRnus KielsberS ,G.id or void for conflict with tbe senior losation made by his' 'brOtherY
 {. Was shS location of the Gould or california fra :tion," which is oOn- tSdsd to be within the exterior bound. '9riss of both the prior Kjelsbepg losa- ns, vaaH..2r void, in view of the sct- NAl possession of tho ground by the prior locators wieA -their diggings at time of it's loSations?
 The mining laws of tho United States were extended to Alaska by sectioo $ Of "An act providing a-civil govern. mont for Alaska," approved May IT., 1a>D, g Stst.sL. 34.
 A to Staking.
 The frst inquiry arising i'd this caass must be decided in the negative. TIC court has had occasion to examine Into that question in the case of Steen VI. The Wild Goose Mining Company, and held that placer location would not be void for | discrepancy between the courses end distances mentioned in the d6tice, end the stakes and monuments
The Nome nugget., 1901-11-23
Twenty.Acre Claims.

Two rules are thus recognized in To. eating and fixing the exterior bout diaries of pa, CT claims under the act of 1872. Tie first one'proviaes that all cl ns located after May 10, 1872, "s al conf rn d, near as piacticab e with tue United States survey system of pubic land SUI veys. and the rec tansu ar ystcm of such SUI v,ys;" the until tbe Act of lS.O was passed, and now given legislative recognition in this language, 'but where placer cla ms cannot be con mel to legal suL- divisions, survey and plat shal be made as on unsurveyed lands.' These two rules .fot determining the form and extent of IlacerS, toet.tl:er with the provision reducing the area to twenty acres in each loo tation. continues to be the law to this day, and must determine the controversy at bar.
 Not Extended to Alaska.
 The court will take judicial notice that the "public land surveys and the rectangular subdivisions of such su.- veys" have not been extended to this part of Alaska, and do not embrace the claim in question, but that.all the pub lie domain within this division of the 6 urt Is unsurveyed. It fellows that al placer tllins within 'tti; div,sijn may be located, surveyed, plated and p.tensed without regard to the public surveys, and Lee1 not coniGrm thereto tn any particular. When the surveys are extended over this region. such
The Nome nugget., 1901-11-23

without criticism; wedge shape has been sustained by the court of Cali 'rnia, and triangle by the U. $. tircu,t Court in Montana. Iron Silver 70. vs. Elgin O., ll6 L. s. 19s; Doe V.
 sanger 23 Pac. Gal. 335: Montana V.
 Lark, 42 Fed. 6.6.
 Origin of Placer Law.
 Attention is called to the fact that he lode law was first enacted by Con grcss i.slS0G, while the first placer law was not passed un. il 1870. They are dh- fercnt acts, and largely independent ct each other; the provisions necessary to a dcteTniiaationu ut this ease are entire ly separate and distinct from the lode. law, and the decision, applicable 0 To !, e claims nay or may not .,plv to placer claims. None of the provisions. fixing 1 the size and extent of lode claims up p,.v tU placer claims.
 When Locations Are Only Void. '' Nct'iSo 'AhNr litNliti!tII uCClutU ! that he location of more ground than iI allowed by law js void unly Ns to the 1 excess; and that to that extent the loca- tiLn i; void. Richmond M. Co. '. Rose, ll4 L. s. j1G; Jupiter NJ. Co. V. l}odi. NJ. Co., 1 Fed. 66G; Stemwinder NJ. Co.,, V. Emma NJ. O., 3l Fac. l0lO; Rose V. R chmond M. Co.,. 27 Pac. 3G3. All the authorities cited by the defendant tu sustain this point are those relating to lode and not 10 p accr claims. The cad ing cnse of Richmond V. Ro. e, III l.. $. 57d, was decided upon the early lode act of 1866. while the others abovecited are ei,hee in construction of that or later lode acts. They are then in point only so far as principles are to be con sfdered. Slfll the general principle may be considered a> settled by these and other decisions that mining loca- lion, whether lode or placer, c0nl aiming more ground than allowed by the st:n- ute Nu,t be held void as to the excess:
The Nome nugget., 1901-11-23
Locations May Follow Paystreak.

uCf.
 Locations May Follow Paystreak. The Only'lilnitation then imposed by statute upon the location ,f pla' CT mining claim upon the ursurveyed public lanei ill Alaska iS tfrAt i. sha I net include an area of'mUre than twenty acres. It reed not conform 10 he puh- lie surveys: no lin i; is fixed by ,tatute 10 it's length. breadth or form. Sec, ion 23.0 +. ~'.. fixing the max mum length and width of lode c'aims, does not apply, and Withcu: son rule, regr- lation or custom Cl miners within the district limits. he lpcatnr. it seems a. be n ay local e h. placer claim to fol- low the tayalreak in any form be chooses. but not to eX eel twenty a, re.
 n extent.
 As to Loca; Negotiations.
 Couneel for de;' nd;nt eorm 'o have rect gn gel th'., for they p'CaJ.d ar ? offered pr Uf to sn pr bah a rH', an Il custom of tilt k,ud. The '.I e ,r.ved was alop cl by the miners n t'e Care Nome mining district or ctoler r.,
 SGS and is in le foll wing language:
 B. A not on by r ic O. Lindb,nom anl seconded hy I' In BrynlesCn. that ''acer ,lain~ shall be ltctteI 1920 (thirteen hundred and tw'ntyl feet by G0 six hundred and sixly) feet. Car ritd.
 They also proved by the deputy re- corder of the district that nearly l5.mO mining locations had been filed in his office, and that more llan % per cent thereof d"s 'ribe the aim as 1920 tv 660 feet snllare.
 No Concessions to Fractions.
 Conce ling both the rule and custom to have been established, what effect shall be given to them? Literally they both sty that placer claims sl.a!l Le l32OxG6o feet sluare--no mo,T, no less II cannot be prcten led that a maximum width alone Is established by either, nor i' 1t attempted to be shown that any forfeiture clause or custom is in force in such cases. Neither the rule nor the custom makes any conce, sions to fra tons, such aS all parties in this cause claim, and d literal adheence to the rule will render each claim in this case void. To enforce either the rule or custom literally would require a miner who desired to locate one acre of placer deposits 10 fraudulen,ly in- cinde Il ne teen acrt of agricu-t lral CT nOn-mineral land in his location. Under such condition no pro-pector would be safe to locate a mine, except when accompanied by q surveyor, or having with him some means of accurately measuring the ground. It cannot be
The Nome nugget., 1901-11-23

claims will be noted upon the maps. of
 .uch surveys as lots in the Us la man.
The Nome nugget., 1901-11-23
First Miuj ig Stat ut .s.

The Act of Congress of July 26, 18e8y known as the lode and water law, was
The Red Cloud chief., 1901-04-12
GENERAL CITY NEWS.
81 and SO 90 coal at Caldwelfs.

81 and SO 90 coal at Caldweli's.
95 cents gets 30 cent whip at Fogcl
& H.. chison's.
WANTED Two good girls at the
Bon Ton restaurant.
See the fine display of heating stoves
at w. W. Wrights.
The CHIEF and Chicago Inter Ocean
ne year for Sl.25,
The 10th car of furniture just un.
loaded at Miner Bros.
We are closing out our lcggns at
cost.-FoGEL IL HuTCHisoN.
g. NJ. Smith is building small barn
on the east side of bis livery barn.
Walter Roby sells the Singer sewing
machine. Prices right. Get the best.
Geo. j. Warren and wife visited
relatives and friends in Lincoln this
week.
The Nebraska Mercantile Co. have
moved their grocery stock into the dry
goods room.
Overalls at As cents, large blue hand.
kerchiefs 6 cents and hosiery 8 to l5
cents at the Fair.
Ray Edgerton who was badly hurt
at the depot last week has so far 70.
covered as to be able to 60 TO his homo.
Mrs, Haresnspe arrived in the city
last evening on q visit to Gee. Webber
and family and other relatives and
friends.
The Red Cloud chief., 1901-04-12
WEEKS HAPPENINGS.

stove repairs at w. W. Wright's.
For farm loans call on G. w. Kaley.
Cane seat Rockers d 81 at Miner
Bros.
DR.. Spencer OF Riverton was here
Thursday.
Special price on buggy whips.-Fo.
GEL & HUTCHINSON.
Miss Dollis Shspherdson Of Rivsrton
was shopping here Saturday.
llMrs. Jas. Burden is visiting with
friends in Lincoln this week.
= Clarence Slime and wife OF Superior
we're here over Sunday visiting with
friends.
Joe Warren Jr., spent Sunday visit
Ing with his brother Walter and wife
at Superior.
Mrs. II. Z Pond of Lincoln, formerly
OF this city, arrived here Tuesday on
a visit with relatives and old friends.
Before you make purchase in the
Dry Goods, Grocery or shoe line get
our prices Nebraska Mercantile Co
There will be regular service held al
the Christian church each Lords day
at the usual hours.-H. S. SoUDER
Pastor.
j. G. Wolfe, the furniture man, has
lust received a nice new line Of new
furniture and carpets. Call aud gel
prices before buying.
The Red Cloud chief., 1901-04-12
LOCALLY

a. ID. Ranney of Blue Hill was here
the last of the week.
NJ. NJ Stern was in Bloomington
Tuesday on business.
Iron bed, spring and mattress com.
plete So 90 at Miner Bros.
Don't forget the Trustees Slaughter
Sale at the Nebraska Mercantile Co.
Bernard MrNeny left Thursday for
Omaha tn look after business matters,
A garden rake for 20 cents and gar.
den seed are only ono.half price now at
the Fair.
Mrs. Moses Wilson OF Blue Hill is
here the guest of her daughter Mrs G..
ID. Robinson.
The cemetery board this week re.
ceived another carload Of stone for fix
ing up the city of the dead.
G.. j. Platt this week removed his
|
the north side of the yard.
For SALE;-German millet seed. In.
quire Of +. +. Wildey, five and one half
miles south. west Of Red Cloud.
Spring Is here; so 10 Butler, with a
full line Of light and heavy harness at
low prices. Call beforeyou buy.
Finest line Of iron beds and fancy
rockers In the valley. at bedrock
prices At j. e. Wolfe's, the furniture
man.
Farm losas at 5 per cent interest on
good improved land. Q. =. Gather,
Office over Cotting's drug store, Red
Cloud. Neb.
Mrs. A. s. Marsh, . former residen,
Of this city, but Of late years residing
at Pasadena, California, is here visit
ing old friends.
The section crew from this place Wal
taken out on ono OF the branch linei
Of the B. & M. tho last Of the week Il
clear the track Of snow.
Taken this month keeps you we'll al
summer. Greatest spring tonic known
Rocky Mountain Tea, made by Madi
son Medicine Co. 35c. G. l.. Getting
We have been instructed to announce
by G. NJ. Ingram, of Judson, Kansas
that the new Pawnee Union churcl
will be dedicated on Sunday, April 81
All are cordially invited to attend.
The q. A. X. is making preparation
for the largest Decoration Day servic
ever held in the city. The McKeigha
monument will he unveiled on that day
W. j. Bryan, Col. Vifquin and othe
noted persons are expected to be pre'
ent. An effort is also being made
J secure the services Of the McCook ban'
The Red Cloud chief., 1901-04-12

Considerable petty thieving is re.
ported by farmers who leave whips,
robes, etc, In their buggies and wagons
around town. The parties doing this
should be summarily dealt with when
caught.
"Havs you any doubts remainingf
said Mrs. Jones. mo, Marinda, !
have not. took Rocky Mountain Tea
last night" Twill remove any impure
thoughts in the human family. 86c.
q. l.. Getting.
The rams Of the past week have been
good thing for the country but b~ve
considerably retarded spring work. II
the weather bureau man would Just as
soon we wish he would save some OF
this surplus moisture for July and
August.
We wish our correspondents would
endeavor to get their items in each
week and il possible not later than
than Thursday. No department of
the paper is looked after by our read
ers more than this. IL your locality is
not represented send us in tie news.
We have moved our stock of Grocer
les to the rear of the Dry Goods room,
where we are prepared TO give our
patrons the best Of service, aud furnish
them with the choicest of dried and
canned fruits and staple groceries at
Trustees prices.-Nebraska Mercantile
Co
The Red Cloud chief., 1901-04-12
To Whom Il May Concern.

Red Cloud, Neb., March 90, 1901.
Al meeting Of the board of trustees
Of the Red Cloud Cemetery association.
held at the Office OF clerk on date above
written, IL was ordered that all lots
not paid for or satisf ctorily adjusted
at the expiration Of thirty days from
this date will be cancelled, the ground
occupied by graves, cut of; and re-
mainder reclaimed by the association
and sold,-By Order Of the Board.
The Red Cloud chief., 1901-04-12

The Cutler Baton Theatre 20. closed
their engagement in this city Wednes.
day night and went to Superior. The
company is good one and the people
patronized them literally. We would
be pleased to have them return again
next season when the new opera house
is built,
For SALE;-I will sell at private sale
all my household goods, consisting of
stoves, dining and kitchen tables,
stands, chairs, bedsteads, folding bed,
cupbosrds, washing machine and nu.
merous other articles. Also incuba.
tor, 3 brooders, bone grinder, 2, 4 and
#, poultry netting, all my fine Bel.
pian hsres and hutches, 26 Brown Leg.
horn chickens. | will exchange some
hares for a lady's or gents bicycle,
watch, typewriter or offers. All goods
not sold by the Goth will be sold at
auction. My residence is for sale for
cash or on easy payments. Call at
residence 8 blocks west and Il block
north Of Grices drug store.-J. Il.
WEGhAN.
The Red Cloud chief., 1901-04-12

Our friends will please hand us in
news items while they are fresh. We
prefer not to publish birth after the
child has been weaned, n marriage aft
er the bridegroom has become papa,
the death OF man after his wife has
been married again, or the death of a
woman after her husband has com.
menced to stPy out late nights.
The Red Cloud chief., 1901-04-12

II you see anything in this paper that
pleases you--if you think 1t has the
right ring-have your name put on our
list as a subscriber. II it displeases
you give US your name anyhow-it may
please someone else this time and you
next.
The Red Cloud chief., 1901-04-12

In Webster county this year sheep
are to be taxed upon valuation OF fifty
cents per head, in .Colfax county one
dollar and in Dodge county two dollars,
What justice is there in asking Dodge
county citizen to pay four times the
tax on his sheep that Webster county
resident does, or twice as much as a
Colfax county man is requested to pay
What is true of sheep is also true Of all
stock and other personal property.
The Red Cloud chief., 1901-04-12

The life of more than one girl hal
been blighted because her mother made
her 20 to church in faded gown or
last years bonnet.
The Red Cloud chief., 1901-04-12

You can't always tell what kind OF
life a person lived by looking at the In
srciption on his tombstone.
The Red Cloud chief., 1901-04-12

People who don't want to be dunned
should keep their bills paid, and peo
pie who don't want to have their feel
ings hurt should keep their bills out oi
other peoples business.
The Red Cloud chief., 1901-04-12

There are too many people In this
world who always want to grease the
track for someone who has started
down hill.
The Red Cloud chief., 1901-04-12

The sermons are usually short on
Easter--to the woman who mas on
new Easter bonnet.
The Red Cloud chief., 1901-04-12

A correspondent asks "Is love intoxi
cating'" 1t is in courtship and II KEEP
up will result in matrimonial jim jams
The Red Cloud chief., 1901-04-12

There are great many people who
have no confidence in q newspaper
but will believe anything they read in
an almanac.
The Red Cloud chief., 1901-04-12

Newspapers are like railroads in one
way. 1t costs just as much to carry
dead heads and dead beats or "buns'
as it does the fellow who pays full
price.
The Red Cloud chief., 1901-04-12

Someone remarks that liquor viii
strengthen the voice. That is a mis-
take. The author Of the remark evi
dently meant to say "the breath" IL
stead of The voice.