The Washington herald., 1909-07-25

First Assistant Secretary OF the Interior
Frank Pierce has made a decision declar-
ing invalid certain mining locations
claimed by II. H. Yard and the North
California Mining Company for land in
the Plumas National Forest California.
This decision is the elimination OF a
controversy between the government and
the mining claimants which began March
It.. 1857. Before that date 1t was found
that Mr.. Yard and the North California
Mining Company claimed approximately
zee 900 acres Of heavily timbered land.
worth approximately S5.OOO.OOO. in the Plu-
mas National Forest In Butte and Plu-
mas counties, Cal,
Through cooperation between the De-
partment OF the Interior and the Forest
Service a geological examination was
made Of part OF the land. In consequence
of this examination the North Califor-
MIA Mining Company relinquished loca-
tons covering about 1900 acres OF land.
and charges were made by the Commits
sioner OF the General Land Office against
locations for 11.OOO acres.
Denies Department Jurisdiction.
Mr.. Yard and the company contended
that the Department of the Interior had
no Jurisdiction TO determine the validity
OF the locations. The testimony at the
hearing before the local land Office at
Susanville, Cal, shows that the 11.00O
acres were covered with about 10000 900
board feet OF timber, valued at about
$4,000 and that although the claims had
been held by Mr. Yard and the mining
company for two 20 five years. there had
been recovered only about So worth Of
gold. and this recovery was made during
six months OF prospecting after the hear
ing had been ordered.
The local Office at Susanville on Febru-
airy q. 1908 decided that the charges
made by the government had been sus-
tanned. and that the land did not contain
such valuable mineral deposits as would
subject them 20 entry under the mining
laws.
The claimants appealed from the deci-
sion OF the local officers 20 the Commits
siOner OF the General Land Office. but on
August q, 1908. the Commissioner sus-
talned the local officers. The decision OF
First Assistant Secretary Pierce now
finally sustains the Commissioner.
would encourage Mining.
II is the policy or the government 10
foster and encourage mining The law
permits prospecting for minerals upon
national forests and allows the perfection
OF mining claims upon national forests 20
the same extent as upon the vacant pub
lie land. The policy OF both the Depart
ment Of the Interior and the Forest Serv-
"a e. la -.
mining operations and not 10 attack
mining locations which are believed to be
In any way valid.
The law authorizes. and the Forest
Service does grant. the free use or timber
20 miners in the preliminary development
o! their claims. unless there is a sufficient
stand OF timber for that purpose upon
the claims The locations made By Mr..
Yard and the mining company have re-
tarded the timber development Of a rich
section OF the country lying along the
newly constructed Western Pacific Rail-
road.
In a Mineral Country.
Since the claims are located in a more
or less mineralized country. in which sue
cessful mining has been done In the
past. the locations for 265,OO0 acres have
necessarily embraced some mineral
lands. and as the government alleges the
claimants have carried on no mining op-
erations. these mineral lands have really
been withheld from legitimate miners and
the mineral development OF that section
has been interfered with and retarded.
No effort II IS said. has been made BY
the claimants TO discover or develop min
erals upon any OF the lands.
The decision Of the First Assistant Sec
rotary OF the Interior has established a
policy which will enable the Forest Serv-
Ice 70 protect national forest timber lands
from appropriation under guise OF the
mining laws Both the Department OF
the Interior and the Department OF Agri-
culture announce that there viii be no
difficulty 20 distinguish between the prop
er and fraudulent use Of the mining laws.
The beneft OF every doubt is given 20
miners. The greatest care is used before
any report adverse to miners is accepted
by the General Land ONCE as a basis for
charges against mining claims Only
claimants who are perverting and mis-
using the mining laws for fraudulent pur-
poses have anything TO fear