The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-05-25
Nelus of Copper Metal, Market .4nd Mh7h17$

DpGSOn OF iulDOi tiiAoAi VI
of persons except in the case OF laliu
containing salt springs or other ae-
posits of salt Coal lands may be
acquired under the general MINING
law of 1872 but should be patented
under special act Tide lands. at
least i'm Alaska may be mined but no
title can be acquired thereto under
any act. Location in either OF the
last two cases does not tend to diVest
the government of the title In the
first of these, If followed by eN-
ploitation, it merely gives
preferential right of entry to limit
ed area. In the last case it serves to
protect the miner from intrusion by
other miners.
Whether lands are surveyed or not
is immateria for mineral can be 10
Gated either on surveyed or unsur-
yeyed land Neither age nor the sex
of the locator matters, except in the
case of coal entry. If such an en-
try is sought, the applicant must he
at least u years of age. Under the
decisions of the courts, citizenship
to any extent in the locator is prae-
tically immaterial except in patent
proceedings or upon direct proceed
ings instituted by the government in
that regard The right of descent In
an alien is governed by local legisla-
ton.
The location must be based upon
discovery. but the courts almost
uniformly hold that discovery after
location will validate the claim in the
absence of an intervening adverse
right. and that person working in
good faith to make discovery shall
he protected as against all except
him. who makes peaceable entry
thereon. Some courts hold that in
dications of mineral within the claim
or in its immediate vicinity Is a suffi-
cient discovery, while others hold
there must be an actual discovery
within the boundaries of the loea-
ton. The latter seems TO be the cor
rect rule as mere conjecture as to
the presence of mineral does not seem
to be sufficient under the terms of
the mining act.
No arbitrary rule can be laid down
as to what constitutes a sufficient
marking of the claim: the mining act
only states that the claim must be
so marked that its boundaries can be
readily traced. but many states have
enacted local laws specifying how
certain points in the claim must be
marked These state laws must be
complied with as an essential act of
location, but the question is not
thereby determined that the require
ments of the mining act. which of
course is the paramount law. have
been fulfilled The sufficieney of the
marking of the boundaries of the To-
cation is a question of fact in which
the conformation of the ground and
the character and extent of the mark
ings are the controlling factors. Upon
the proper marking of the ground de-
ponds the ocator's right thereto.
The courts have established the
principle that valid location vests
the title thereto in the locator there
of. This doctrine Is subject to Ger
tain qualifications.
As a matter of fact. the title does
not vest until patent actually issues.
at the last moment. the commercial
value of the deposit located may de-
itIiiiillf NHtlHfl iii3 AiAlF VI lf' FiititA
pass TO the locator or to one who may
seek to secure the land as an "agri-
cultural claimant This condition
arises from the fact that, while a To-
cation. regular in form, based upon
a discovery therein. may be sufficient
as against another mineral claimant,
it may not he sufficient to withdraw
the land embraced therein from entry
under the general land laws as "ag-
rieultural land.
If someone claims the land as agri-
cultural land, II must he shown that
the land contains mineral In sufficient
quantity to render the land available
and valuable for mining purposes. 1t
must be shown that, as present
fact. mineral Of commercial value ex-
lists within the boundaries of the To-
cation: not that it has been a paying
mine. or. theoretically. II may be-
come such. The reason for this diff
ference In the right To the location is
| that when a controversy arises be-
tween two claimants under the min
| ing act, the question is confined to
that of priority of location, but, when
one claims under the mining act and
| the other under the laws pertaining
to the taking up of agricultural land
the question involved is the nature
of the land and whether il is better
adapted to mining than 10 any other
purpose.
There is no defined line of demar-
cation between mineral land and that
which cannot be so classed. for con-
gress has provided no general scheme
for classification, except in the case
of lands lying within the limits of
its grant to the Northern Pacific Rail
road Co.
It is true that in all the public
land states the respective surveyors
general classify in their reports all
surveyed lands as mineral" or agri-
cultural as the facts may seem to
warrant, but such return is not con-
elusive, although ii may affect the
burden of proof In contested cases.
In all such cases, irrespective of any
report of the surveyor general of the
state, the question of the character
OF the land is specially determined