The Alaska citizen., 1910-12-05

enough to discover detached pieces
 Of quartz or mere punches of quartz
 in loose slide. glacial wash or de
 bris, it must be found in rock in
 place.
 The vein however. may be thin
 or it may be thick. or very thin in
 places and very wide in some plaC-
 es: that is. widening from a mere
 seam 10 an extensive ore body. Thus.
 very thin vein may connect two
 larger deposits of ore, and though
 thin. constitutes the vein. lode or
 ledge mention7d under the statute;
 and so a discovery made on such
 hin part of vein, lode CT ledge.
 if it be in place. constitutes valid
 discovery. Likewise such vein, lode
 or ledge may carry little values in
 places. and in other places exceed
 ingly high values.
 It Is necessary only to discover
 vein. lode or ledge in place. whether small or large. rich or poor,
 at the point cf discovery. to entitle the locator to a valid location of
 quartz mining claim on such vein,
 lode or ledge
 T. is the finding of the mineral rock in place, as distinguished from the fOa- rock. that constitutes dis coverv and warrants the prCspeCtor in making a location of a mining claim.
 The general principle which un- derlies and which should he applied 10 the question as to whether valid discovery has been made. is that no miner or prospectOr would naturally desire to make a location or spend time or money in mining for the mere pleasure, particularly in the frozen hills of this district; or unless he has discovered such indications on vacant ground, or has knowledge of mineral within the limits of ground already located, suf- ficiently near the ground sought to be located. to afford a just and req sOnable inference that the eXpEndi- ! ture of time and money upon the ground so desired to be located will be likely to develop such showing
 of mineral as to justify it's location as a mining claim.
 So. a discovery may be said to be made under the statute when IlOS pttlOi pl IIIIltl Has Ipbllb rock in place, or such indications of the presence of ore in rock in place as would justify miner in spending his time and money upon it, with a reasonable expectation of finding ore in paying quantities. The next part of the subject of a valid location we must consider in connection with a vein, lode or | ledge. is the phrase: rock in place ," On this term, as applied to the 1 facts and evidence in this case, de- bends the final decision.
 Rock in place." as used in the statute. means: the body of the country in a particular locality, which has not been affected by the action of the elements, and which may be said to remain in its natural,
 original state and condition, as dis tinguished from the superficial mass lying above it; that Is, rock in | place" is solid. fixed rock as dis | tinguished from surface slide, de- bris. alluvial or wash.
 Yet rock in place does not neces sarly mean solid rock, in the sense hat it should be free from breaks. l seams or gashes. Rather means. the solid substance of which the par | ticular mountain or locality is con stituted. the substance forming the mountain. as was said in the case | of the Iron Silver Mining Co., vs
 Cheeseman, 116 U. S. 524 'Exclud- | ing the wash. solid CT debris on the face of the mountain. all things in the mass of the mountain are in place"
 It was also said in another Col orado decision, Leadville Min. Co vs Fitzgerald, 15 Fed. Cases, S15S; That a vein. lode or ledge cannot | he said to be in place unless it l be encased by ore held within the | general mass of fixed and immov | able rock. It is not enough to find q vein, lode or ledge lying on top of fixed and immovable rock, for
 that which Is on top is not within | and that which is without the rock | in place. cannot be said to be within | it." Whether the vein, lode or ledge | is in place depends upon it's posi- | ton in the crust of the earth, that | is: whether the vein. lode or ledge | is enclosed by a mass of country | rock comprising the mountain, more | than upon the character of the ore | itself Whether the ore or vein matter is loose or friable, or very | hard, if the enclosing walls are | country rock, it may be located as
 vein or lode. But if the ore Or vein matter be on top of the solid mass of the country rock which | constitutes the mountain, then it can
 not be in place, though it be covered
 with solid, alluvial wash, or debris,
 no matter to what depth or to what
 extent.
 | The next part of the subject which
 we are concerned with in this decis- ion, is the marking of the boun-
 daries of the lode claim as required
 under section 2324, Revised Statutes, which reads as follows: The To-
 cation must be distinctly marked l on the ground so that its boundar-
 ies can be readily traced" | What constitutes a sufficient mark
 ing upon the ground very naturally
 and properly depends, under all de-
 cisions of the courts, upon the con 1 ditions existing at the place of the | location.
 What might be sufficient marking
 of location on one place would not
 be in another, by reason alone of
 the difference in the character and
 surface of the ground; some places
 being level and practically clear of brush. trees or any kind of obstruc- i ton, so that prospector standing