Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1909-10-02
COMMENT TRIES TO sn1zn LAND
Westover Stone Quarx1es and Harney
Peak Co.'s Mica Nine Involved.

|, COMMENT TRIES TO SEIZE LAND
} Westover Stone Quarrles and Harne,
4 Peak Co.'s Mica Msne Involved.
The conflict which is being waged be
: tween the Ballinger and Pinchot faction
fn the government is well illustrated By
two cases, which came before the officials
of the local land office Wednesday and
yesterday. In both cases men represent
ing the forestry department are the
complainants and in each case the allega
tions made are of technical character
The land in question In each case il
located in the Hills within the forest
reserve and has been held by the present
occupants over long period of years in
undisputed and peaceful possession,
which in itself would apparently be
sufficient ground for vestins the title in
them. ,..st
The first case heard was that Of the
United States against J. w. Westover,
who claims to be the owner of the Lon
Hare stone and placer mining claim,
which is located in Custer county. Mr..
Westover has lived on his claim for
twelve years and has exercised owner
ship over it for period of about four
teen years. An official of the forestry
department filed allegations that the
Westover claim is more valuable for
agricultural purposes than for stone
quarrying or for mining development
1t was also alleged that Mr.. Westover
had not developed the ground for quarry
purposes. Back of all these allegations
lies this fact, which is significant in
itself: The government has selected
the site of Mr.. Westover's claim for q
forest reserve station and has already
attempted to take the property on
the ground that it is needed for admin
istrative purposes. 1t served a notice
to this effect on Mr.. Westover early this
year and warned him to yacate the land
by March l. This he failed to do and
the present proceedings. have been
brought to bolster up tho first attempt
at eviction in which the government
found mistake had been made.
In defense of his rights to hold his
claim Mr.. Westover claims to haye done
all of the assessment work required un-
der the law. He has on the ground
fully equipped stone saw and has ex.
pended over 81, 900 in cash in construct
ing ditch to develop water power from
French creek in a mill which he pro-
poses to erect. The stone on this claim
is the finest kind of sandstone and lime
stone, the former being suitable for
building purposes and the latter adapted
to the manufacture ofihe tobs of billiard
tables and all sorts of decorative work
where this kind of stone is used. In
addition to all of this Mr.. Westover has
sunk six shafts on the claim to an aver
age depth of thirty feet each, in order
to determine the extent and value of his
quarry. Aside from these facts Mr..
Westover has titled nine acres of the
tract and grazed large portion of it.
These are the facts in the Westoyer
case.
In the second case the Harney Peak
Tin Mining, Milling and Manufacturing
company is the defendant. This cor.
poration supposed it owned the Judge
lode claims consisting of eight claims
known as the group No. 8. Years ago
a patent for this property was applied
for and it is known in the records of the
mineral service as NJ. s. S3l. In some
manner an explanation for it not being
furnished this patent was suspended and
finally without notice to the company
or it's officers it was dismissed. In Oc-
tober of last year, as soon as the COM
pany became cognizant of the situation
regarding the patent, it made applica-
ton to have the patent reinstated and
took steps to have the proceedings newly
recorded. Taxes have been paid on the
property over a; period of twenty years
amounting in all to over $3.50 under the
supposition that the company had good
title to the land in question.
The government now steps in and
through its forestry officials institute
proceedings to- oust the Harvey Peak
Co., alleging that the property in ques-
ton is not of mineral character and
that the company has not done the requir-
ed amount of development work. AS a
matter of fact, the records show that
prior TO making the original applications
for patent, more than $500 worth of
work was done on each of the eight
claims. 1t is also shown that the claims
In question contain extensive and yalu-
able deposits of mica and that the de-
posits of gold bearing ore is exceedingly
valuable as is testified to by experts
from the South Dakota School of Mines.
Assays of the gold bearing ore show it
to have value of $4.l3 in free milling
gold.
Against the facts as set forth above
the government presents as experts two
or three young men, perhaps % or 20
years of age, who testify to the allega-
tions of the povernment after ack powled