The Idaho Springs siftings-news., 1910-02-26
Recent Mining De-
ciSionS

SoNeT ID pOSSeSSOry actlOn ON the
strength Of his own title and not on the
weakness Of his adversary, does not ap
ply in actions to recover unpatented
mining claims. In such an action the
question to be determined 10: Which as
against the other has the better right
TO the mining claim in controversy?
| Where an abandonment is charged,
there is no question of intent; the only
complied with. An abandonment may
occur at any time before the issue of
patent, while forfeiture properly speak
ing can only occur at stated statury
periods upon failure to perform the
annual representation. A forfeiture
il never complete until adverse claims
are made to the property under other
locations, while abandonment operates
/ at once. In such a controversy, the
claimant who has spent large sum of
| money on 4 mining location in good
faith endeavor to develop it intoea mine
unquestionably has Superior right to
the property, over one who enters with
/ the sole purpose of appropriating to
himself the fruits Of the foresight and
labor of the hrst occupant. And the
locator who had temporarily left the
claim in controversy, but at all times
intended in good faith to- return and
take up the work. was to have n sup
erior title to one who entered without
right in his absence and attempted to
/ appropriate his labors and effects. -
National Milling & Mining Co. vs. Picco
10 (Wash.) lO4 Pac. 12S; September
1870.
The annual expenditure required by
the United States statute to pres erve
the title Of mining claims may be made
in work or improvements within the
boundaries of the claims themselves
Or upon one group of contiguous claims
~ upon adjacent patent lands
y even upon adjacent public lands, pro-
vidsd however, that such work or i'm
i proysments are made for the purpose
Of developing the claims and to faoili-
tate the extraction of mineral there
from. The rule of law in such cases
i il that The labor and improvements are
Z 6red. 10 have been made upon min
ing claim whether it consists of one OF
several locations, when such labor is
performed or Improvements made fol
the development of the claim, and te
facilitate the extractions of the metals
therefrom through such labor and i'm
pvts. may in fact be on theground which
originally constituted only one Of the
Of such claims; or the labor and i'm
provements may be at distance from
the claim itself, such as labor necessary
for the turning of a stream or the in
PRODUCTION of water into the mine; or
where such improvements consist OF
the construction of fums to carry off
the debris or waste material from the
mine and it's operation. The law rec.
ognizss the absurdity, for instance OF
requiring shaft to be sunk on each
location in consolidated claim, when
one shaft would suffice for all the loca.
tions. However, if the work done on one
Of several claims had no reference t
) the other claims of a group, or if i
: does not tend to develop all in conform
! ity with a general plan, the rul,
5 stated does not apply.-Copper Noun
! tain Mining & Smelling Co. VS.. Butt,
& Corbin Con. Copper & Silver Mining
} Co. (Mont.), 104 Pacific $40: October
1909.
A relocation Of forfeited mining
claim was held to be invalid in the alb
senes Of the proof that the relocate
} sunk shaft on the claim, and that his
, relocation certificate states that par
or the whole was located as aban
doned property-a mere marking or
, the ground and posting notice proper
) for an original location being INSULT
oient; nor was the obligation to sink I
shaft excused by tho statute whicl
provided that the provisions relating
to discovery shafts should not apply t.
locations west of the summit Of tn,
Cascade mountains. There can be NJ
relocation on mere temporary aban
donmont and where there had been a
all times bona fide intent on the frs
locator's part to return to the unpaten
ed mining claims in controversy and re-
newed the work of developing them a
the time of the attempt to relocatt
them. National Milling & Mining Co
W Piecolo (Wash.) 1O4 Pac. 1928, Sep
tember. 1909.
Mrs. W. E. Rsnshaw visited with
Denver friends for several days the
| first Of tho week.