The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1908-10-08
|[(|DES FOR
THE MINERS!
|e Government Makes Its pO.
SitiOn Relative to MininQ
Claims on Forest Reserves.

''Tne government mas never shown
disposition to interfere with the
ltenting of property secured under
ch conditions. 1t has always stood
pen the broad ground that, if any
an thought ground worth the ex-
ense Of exploration and patentinp
nd had made what passes. under the
zeal customs and the decisions of
he courts, as mineral discovery.
e should have patent and proceed
Nth his development as he wished
t is too anxious to have its mineral
Fesources developed to split hairs
bver points of the character in this
ase From decision in Seven Dew.
is mining case.
The register and receiver of the
United States land office handed
1Owu an important decision Tuesday
Involving the rights of IA mineral en-
tryman The case is that OF the
United States VS.. George A. Jones.
the entry in question being No. 332
for the Captain Group of lode
claims in the Seven Devils mining
district, Washington county 1he
decision is written 10y Register BAL
derSon and concurred in by Receiver
Tinker
In October. 1905, made application
to patent the claims known as Samp-
son No. ,, the Captain Clark, the
Captain Robley Evans, AMI the Cap
tain kautz. February 2, the follow
Ing year application was made TO put-
chase the claims. Upon payment
therefor Tie registers certificate was
issued.
february 3, 1908, notice was issued
to the enLrYman from the commits
slOner OF the general land Office in
/ forming him that certain charges
had been preferred against him by
the forest service and That unless,
within 30 days he should iie an an.
swer- denying The charges and de
manding hearing, the entry would
be cancelled. On February 20 the
answer was filed. Hearing was set
and heard before United States Com
missioner TIenam at Weiser, June
l6, 1908.
The charges preferred 10y the forest
service were as follows:
LESS than $500 worth of assess.
ment work has been done on each OF
the Captain Robley Evans, the Cap
tain kautz and the Captain Clark
lUdes.
mo ore has been mined from
the land.
Mineral has not been diScoy-
cred in sufficient quantities to show
the land TO he more valuable for its
mineral deposits than for any other
purpose.
'+-Tbe lana is more valuable for
its timber than for its known miner
al deposits.
The entry has evidently been
made to secure the timber that is on
the file and. and not for the purpose
OF actually mining the grounu.
1t is perfectly plain to our minds
that, under the law and the local
conditions and customs OF the dis
trict, the contestee IN this raSe bad
made such a discovery as enables him
To- make valid mining locations.
heSe were made, and, being valid
cations, they can, under the broad
rules prevailing in all mining states,
De patented. Indeed. the government
has never shown n disposition TO In
teriere with the patenting OF proper
IS secured under such conditions. 1t
has always stood upon the broad
ground that, IL any man thought
ground worth the expense Of eNpI"ra-
uon and patenting, aud had made
what passes, under the local customs
ana the decisions G the courts a.
mineral discovery. he should rave "a
patent aud proceed with his aevsl"p-
ment as he wished. II is too anxious
TO nave the mineral resources deNei-
nped To so split hairs over pgintS Of
The character IN this case.
1t is therefore hello ~ Us thai
charge No. } is not well founded.
Charges Nos. and may be dis
missed Without serious considera-
lion IL makes 90 difference bow
much timber may be standing ru
mining ciaim. The % eernmeut does
not seek TO segrcgage the liuhef
from the mineral but chcerfllly per-
mii> the miner to appropriate what
may be On land LEGALLY located Nv
him
IL has not teen the custom for
the government 90 appear as a TrOsc-
c4i1r In seeking T. prevent The pat
euting OF mining land. Perhaps
tliere have bsen such instances bui,
~ so, they have bCen - rare that n
general know ledge % them exists
The practice has been To permit meu
10 get patents 10 laod upon which
They have been willing Ia eKp.od a.
much a. an sveTase Ol so per claim
in The search Of paying dep sits 81
mineral. There has been safety from