Bisbee daily review., 1906-04-22

Under ordinary conditions, this showing of copper would doubtless have been sufficient to justify further work with the expectation that the deposit would improve with depth but taking into consideration what has been demonstrated by explorations in the Bisoee copper mining districts l am satisfied that the surface showing is of no value whatever. either in it. self or as indicating whether the tract contains deposits or copper in paying quantities although the impression is sought to be conveyed by some of the testimony that this surface show
 ing is indicative of the existence of valuable deposits deeper in the earth
 The productive copper area is To- cated south and east of Bisbee, the northern boundary being marked by what is called the Dividend fault and the western boundary by the Quarry fault. Bisbee is located near the first named fault. near its intersection with the Quarry fault. The first discovery of copper was made within what Is now the town of Bisbee, this being the only place in the district where the productive ore bodies crop out on the surface. The formation in the productive area is what is called naco and ascabrosa limestone ard the strata dips to the north and east. Various shafts have been sunk from the old Copper Queen workings toward the southeast, the ore bodies being found at greater depth as dis. tance from the original workings in creases. The more important de posits of ore are generally found at and below the water level West of the John Daisy claim and not a great distance therefrom are several deep shafts and immediately east of it work was being actively prosecuted on the Junction shaft which at the date of the hearing had reached n depth of over 500 feet. In the bottom of this shaft. borings with diamond drills had demonstrated the existence of large ore bodies. The shafts to the west were in ore, several of them be ing large producers. Immediately north of the John Daisy and upon a claim controlled by the company to which the claim involved herein is bonded prospecting with diamond drills was at the date of hearing be- ing prosecuted. Practically none of the claims containing the deep work ings showed any surface indications of the great deposit of mineral found so far beneath the surface. The in- dications on the surface of the John Daisy may be considered as sufficient on which to base a location but with out the general knowledge of the character Of the district discovered by the development of the whole there of no miner would lave been justified in expending any considerable sum of money on the claim. So far as one can judge from surrounding develop ment the tract is mineral land and there is enough of positive knowledge or the subject 10 warrant the sinking of deep shaft with a reasonable expectation of striking at 1"e0 or ;|G0 feet large and valuable deposits ef cop per ore. The s2ns is true of surround ing lands which do not contain on their surface the least Indications of mineral.
 While the surface of this mining claim possesses some value for resi- dence and bushes purposes and is all occupied by houses of some descrip ton and their inclosures 1t seems that this value grows largely out of the fact of the proximity of extensive mine workings affording a place of residence convenient thereto. The protestants having established their residence subsequent to the date of the lode location or having occupied the ground with the permission of the mining claimants have no rights in the premises because of the fact of their occupancy if the land is in fact miner al in character.
 Having shown, as has been stated herein, a sufficient discovery of miner, al to justify a location and haYing es. tablished the fact as nearly as such things can be established by an ex- animation of the surrounding country that this tract is probably underlaid with valuable mineral deposits l think that is is mineral in character and SO hold. This action is in harmony with the decisions of the Department in various cases some of which 1 cite, to the effect that when the existence of mineral on the particular tract in controversy is established the charac. ter of surrounding lands may be shown as circumstances tending to show that the land involved is mineral in char acter. See on this point Santa Clara Nj. Association vs. Scosur t4 L. D., 104); Fucker vs. Knisley GA L. D. 11S); Hamilton ys. Anderson us L D.. 16s); and Instructions. s4 L. D.. 194.
 Accordingly. your decision is af firmed and should this action become final the protest filed by A. Bauer, ct al., will be finally dismisses and min eral application No. 925 may be per mitted to proceed in its regular order so far as this matter Is concerned.