The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1911-06-08
DIGEST OF MAY
LAND DECISIONS

The following important law points
relating to land entries were last
month made by the secretary of the in
terror:
Copyright, 1911, by Clark Wright.)
Mining.
The decision of the department in
Copper Bullion claims (35 L. D., 27),
holding that an entry must be can.
celed where it appears that no OBJ
stacle or barrier prevented the COM
pletion of the patent proceedings with
in the calendar year, according to the
rules and regulations, and no reason
other than neglect or lack of attention
was urged as an excuse for the delay,
will no longer be followed by the de-
partment in ex parte cases.
In disposing of duly contested min
eral entry, and in considering the re-
spective surveys, the position of each
claim and their relative positions must
be determined as the claims are de-
fired and established upon the ground,
and all errors of description of the po-
sition of either claim, and of the con-
flicts between them, must give way
thereto, following the rule in the case
of Sinnott VS.. Jewett (33 L. D., 91).
A building or buildings used merely
for the purpose of housing miners EN-
ployed upon mining claim is not such
a mining or milling agency as is con-
templated in section 1887 Of the revis-
ed statutes of the United States, the
connection between occupancy or use
to which the land has been put and
operative mining or milling being too
remote to warrant its being so accept
ed. Citing Alaska Copper Co. (32 l..
d., 1887.
This section of the statutes does not
contemplate that more than one mill
site shall be acquired in connection
with a group of lode claims, in the alb.
sence of a specific showing in that
regard. Citing Hard Cash claims ga
l.. d., 325).
No law or departmental ruling pro-
hibits entry of tract under the non
mineral land laws, merely because it is
contiguous to the end of lode claim
However, the fact that a tract sought
to be entered under the non-minerai
laws adjoins a patented lode claim on
its end would seem to render necessary
the submission of a higher degree OF
character than would be otherwise re-
quired
The proviso contained in the seventh
section of the act Of March 3, 1891,
and the act of March 3, 1909, provide
for the protection of the surface
rights of entrymen, and it is entirely
competent for the land department to
inquire into the good faith of an entry
man, for the purpose of ascertaining
whether or not there has been com
plianee with the requirements of the
general law under which the non-
mineral entry was made.
1t is a general rule that where min
erals have been found and the evidence
is of such character that a person of
ordinary prudence would be justified in
the further expenditure of his labor
and means with a reasonable prospect
of success in developing paying
mine, the requirements of the statutes
have been made.
The government is more interested
in the mineral showing in the claim
than in the place where the mineral in
a claim is situated.
As a general rule, claims should al
ways be held valid if mineral is dis
covered within them, whether it be at
the discovery shaft or elsewhere. Cit.
ing Castle VS.. Womble 90 L. D.,
445).