The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1906-09-01

Notwithstanding tnere Is a SeHeldlly
understood rule that applies to the loca-
ton of mines in Nevada, very few have
to explain just what constitutes a flaw
less mining location. For this reason
we believe readers of the Journal Will
be interested in the following from the
pen of ALT Chartz, one of the leaders of
the Nevada bar:
The discovery of ore bearing gold,
silver and other minerals is the source
of the miners title, and nc valid location
can be made without such discovery, and
must precede the location, or be made in
advance of any intervening right, and
priority of discovery gives priority of
right over a location made without a
discovery. Lindley on Mines, Sec. 1856.
The foregoing prerequisites began
about the time mining for precious
metals began, and have been universally
recognized in all civilized countries.
Discovery is made the source of title,
and development, or working, the condi-
ton of the ontinuanc of that act.
Discoveries of detached pieces of
quartz, mere punches, or float, is not
sufficient. The size or richness of the
vein is immaterial, but the discovery
must be of rock in place. 1 am stealing
from the law books.
Lindley on Mines says:
Judge Hawley's definition seems to
answer all practical purposes: when
the locator finds rock in place contain
ing mineral he has made a discovery
within the meaning of the statute,
whether the rock is poor or rich, wheth-
er it assays high or low. 1t is the find
ing of the minera in the rock in place,
as distinguished from float rock, that
constitutes the discovery and warrants
the prospector in making a location of
a mining claim"
Indications of the existence of a thing
is not the thing itself. SO, a location
made in the hope of finding some ore in
it at some time is worthless, unless the
hope should be realized before some one
else makes a discovery.
The states cannot relieve locators
from any of the foregoing obligations.
but can add further burdens. Nevada
has added to the burden as follows: BE
fore the expiration of ninety days from
the posting of such notice upon the
claim the locator must sink a discovery
shaft upon the claim located to the
depth of at least ten feet from the low
est part of the rim of the shaft at the
surface, or deeper if necessary to show
by such work a lode deposit of mineral
in place" 1t is further provided that
a cut or crosscut or tunnel which cuts
the lode at the depth of ten feet, or an
open cut along the ledge or lode EQUIV
alent in size to a shaft four feet by six
feet by ten feet deep, is equivalent to a
discovery shaft.
1t will be observed throughout the OBJ
legations imposed by Nevada that no
attempt is made to relieve the locator
of the conditions imposed by the United
States with reference to the source of
his title, i. e., that he must first make
a discovery of rock in place bearing the
noble and other, or other, metals.
The discovery work imposed by Ne
vada need not be made at the point of
location, but such discovery work must
reveal rock in place. If such discovery
work fails to reveal rock in place, of the
kind of rock described by Judge Haw-
ley, at least, the claim is subject to