The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-03-10
MINING DECISION
OF IMPORT NCE
Affects Several Big Utah Cor
pOratiOnS.
TUNNEL WORK APPLIES
SECRETARY OF INTERIOR RE-
TUNNEL WORK APPLIES
SECRETARY OF INTERIOR RE-
VERSES HIMSELF.

The decision wired yesterday relative
to mineral entry No. 1856 of the Mary
Bel Fraction mining claim and min
eral entry No. 1856 of the Henley, Gao
tus, Ruth and the Henley Fraction
mining claims by Barney 3. Quinn ct
al IS a. decision of great Importance
In this section of the country. as it
win give several corporations and in
dividuals operating in the surrounding
camps an opportunity to secure pat
ents under conditions shat have previ-
OusIy been denied them.
A large number of applications for
patent to valuable mining claims have
been denied on the grounds which are
now reversed in the Quinn decision,
among them beng the Congor Gold &
copper Mining x Milling company's
application for the American Boy, Bee
No. 1. Bee No. 2. and the Buckeye;
John 7. HOdsons for the Cape Cod
lode, Jessie knights for the Maggie
> the Silver King company's for the
Horseshoe. the Honorine Mining COM
pany's for the Texas; the Illinois Min
ing company's for the Manefay and
Allie. and allen c. Lamson's for the
Lamson. AEen. and Helene lodes.
The Barney b. Quinn et al. case mem
toned involved valuable mining prop
erty which had been sold by Quinn ct
a. prior to application for patent to
The Columbia Copper Mining company
oI which w ). Mccormick and J. A.
Cunningham are the principal owners
After final payment had been made and
the cases came before the commissions
er of the general land Office he held
that the certificate Of the surveyor
general 10 the expenditures on these
claims necessary TO obtain a patent
was clearly erroneous and directed that
the entries be held for cancellation.
A motion TO review this decision was
~ FL
that all the claims applied for were
held in common and consisted of one
actual mining claim. which was
WORKED and developed by one system
the What Cheer tunnel its branches
and drifts. The commissioner of the
general land Office pointed out that the
Mary Bell Fraction was covered by
mineral entry No. 26S5, and that no
one of said claims, except the Henley.
- within 200 feet of the nearest part
OF the said What Cheer lower tunnel
while the distance of the Ruth was1 200
feet from it; and under the authority
or the Copper Glance case, held that:
Contiguous claims held in. common
are the only class of claims to which
may be accredited or apportioned i'm
proVementS made on one of them. or
outside of them, for the joint benefit
of all. Claims embraced in different
entries, made at different times. and
by different parties. as is the condi-
ton OF the claims shown in the dia-
gram. are not claims held in common
rs contempiS ted by the said decision in
the Copper Glance case. The
entry Of one intervening claim. and
the one on which the tunnel was start
ed, viz: the What Cheer claim, was
patented in 1888. long before the claims
under consideration were located, thus
precluding any possibility that it could
have been held in common with the
claims embraced in the entries under
consideration"
For these reasons the motion for re-
view was denied.
From this decision an appeal was
taken TO the secretary Of tho interior.
who sustained the commissioner. and
practically held that the entries should
De Cancelled.
Edwin w. Senior, the attorney for
claimants, at this stage asked for a
reconsideration of the secretary's decis-
ION. pointing out that a large expendi-
tuTe had been made in good faith; that
to throw upon the applicants the a0di-
tional expense of making new applica-
tiOns was hardship. and generally
reargued the points involved. and il
was under these circumstances that
the secretary of the interior was in
duced to review his decision and hold
that the claimants were entitled to
patent. While the text of the secre-
tary's decision will not reach here for
several days. il would seem from the
Geographic report that all those who
have previously been turned down will
now have an opportunity to have their
cases resugfated