The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1906-05-11
RECENT COURT DECISIONS
AFFECTING MINING INDUSTRY

That delinquent stockholders OF a
corporation who refuse to pay their
proportion of the expenses of a mine by
such act abandon all interest in the cor
poration, is well illustrated in the case
of Hall VS.. Nash, decided by the SUI
preme court of Colorado. A mining cor
poration, having issued all of it's stock
for an assignment of a lease of mining
property, plaintiff n it's other stock
holders agreed to pay their proportion
ate amount of the operating expenses,
which they did for a time, when plain
tiff and others refused to pay more. A
meeting was called, at which the presi-
dents act in disseminating work was
ratified by the stockholders, and he was
directed to raise money to pay the in
d~ebtedness and, if possible, to provide
funds for further operations.
The company being unable to continue
to operate the mine, the lease was for
feited and surrendered, after which
other leases were obtained in which the
president, who was the former presi-
dent of the corporation. was interested,
and the mine subsequently developed
into a paying proposition. The court
held that plaintiffs failure to pay his
proportion of the necessary operating
expenses, with knowledge hat a failure
to operate would result in a forfeiture
of the leases, was an abandonment of
his interest in the property.
The court also holds that the fact
that the plaintiff delayed for three years
before bringing his action would bar
his action by his own laches or neglect,
The owner of certain mines and min
ing property gave a corporation an OPP
ton to purchase the property and di-
rected the agent of the corporation to
post a notice on the property contain
ing the statement that the corporation
was the owner of the mines. The real
owner of the mine knew the contents of
the notice and knew that miners and
laborers were working in the mines and
for the company upon the faith of such
notice and under the belief that they
could have a lien on the property for
their wages. The real owner did not in
form the workmen of the true condition
of the title during the time they were
employed. The supreme court of Idaho
held, in the case of Eastwood VS.. Stand
ard Mines and Milling company, hat
the conduct of the real owner had been
such that he was estopped from show
ing his title as a defense to their liens.
A location based upon a discovery
within the limits of an existing and
valid claim Is void. A location notice
properly made and posted upon a valid
discovery of mineral is an appropriation
of the territory thereing specified for
sixty days, as against subsequent loca-
tors. During this period no one can in
itiate title thereto which would be rem
dered valid by the mere failure of the
first appropriation to perform the nee
essary discovery work within the time
prescribed by law. These points were
decided in the case of Sierra Blanca
Mining and Reduction company VS.. Win
chell. Colorado supreme court.
That the abandonment of a mining
claim. the legal title to which is in the
United States, by a part owner, does not
vest any right or title to his interest in
his is the holding in Badger
Gold Mining and Milling VS..
Stockton. United States circuit court.
district of Oregon
The court says: by an abandonment
an occupant leaves the claim free to the
location of the next conner. His inter-
est reverts to the United States and the
claim is open to relocation. His ADAM
donment inures to the benefit of no one
except a relocator."