Elk City mining news. (Elk City, Idaho) 1903-1913, 1904-07-02
From the Mining and Scientific Press.
Continued from last week.


States and the territory of Idaho;"
that at the same time O'Rourke marked
the boundaries of the claim on the
ground so they could be readily traced,
and then entered into actual possession
of the claim and commenced working
it, which possession has ever since been
maintained by him and his successors in
interest; that on September 20, 1885,
O'Rourke caused a notice O. location of
the claim, duly verified, to be recorded
in the office of the recorder of the county
in which it is situate; that prior to
March 21, 1902, the complainant duly
acquired through. mesne conveyances
from O'Rourke the title of the claim,
and on the day last mentioned made ap-
plication to the United States for a
patent therefore, which application re-
cited the facts just stated, and upon
which application a patent was issued
by the government to the complainant
on the 18th day of November 19O3 that
the Last Chance claim was duly located
September II, 1885, and the location
notice thereof recorded on the 22nd day
of the same month; that prior to the
discovery and location of the Last
Chance it's discoverers and locators
chad actual knowledge of the discovery
and location of the Bunker Hill claim;
they had visited the discovery, read the
notice thereon, saw the discovery stake,
the east end stakes, and knew that the
locator was in the actual possession of
the claim and was then engaged in de-
velopment work thereon"
The record shows that during the pro-
ceedings before the master, the follow
ing stipulation was entered into by and
between counsel for the respective par
ties.
''Mr. Hepburn. 1t is stipulated that
the discovery of the Bunker Hill claim
was on the 10th of September, 1885;
that the acts of location, except as to
recording, were performed at or prior
to that time, and that the recording of
the claim was on the 29th day of Sep
tember.
''Mr. Lindley. In other words, it will
be admitted by all the parties to this
action, that all the acts establishing a
perfected location were completed prior
to the acquisition of any rights asserted
by respondents, or any of them in this
action, respondents reserving, however,
such legal objection as they may here
after desire to make with regard to the
application of the doctrine of relation,
for the failur to record the Bunker Hill
| Location 10 Doth Iory &C
tember.
''Mr. Hepburn. No objection is rails
ed to.the sufficiency of the location OF
any of our claims.
''Mr- Lindley. / must make a reser-
walton in there in reference to the Sho
shone and Summit. That is the only
reservation make.
'Mr. Hepburn. l think we will have
to stipulate all or none, Judge. AS tx
the Shoshone and Summit, we will only
be required to make proofs of the act:
of location, ard the admission goes
to the effect that whatever title the
: locators got is vested in the Shoshont
mining company.
''Mr. Lindley. If any IT'LL goes by
that location, it is vested in you by
nesne conveyances.
The record further shows that at ;
, subsequent stage in the proceedings tn,
following stipulation between the coun
sci was read in evidence:
''Mr. Hepburn. 1 offer in evidence
stipulation entered into this day, signeC
!. in open court by the counsel for the re
spective parties to this suit, as follows
1T is hereby stipulated in the above en-
titled cause, that if Philip O'Rourke
t the locator of the Bunker Hill lode claim
were present as witness in this case
he would testify that the west end stake
. of the Bunker Hill lode claim were no
put up, nor was tho west end of sal
\ claim marked upon the ground by tn
|