Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1911-06-28
Important Decisions
Affecting All Government Lands
COPYRIGHT,
COPYRIGHT, 1911.

1T, 1911.
( righ, 70 sufficient water TO irrigate
the whole of the irrigable portion OF
I the entry. Citing ease of Theodore
r. \. Iasigi $50 l.. d., 2s5).
Second Application.
\ second application to enter lands
under the Desert Land Law will be
rejected when IT appears that patent
issued under the first application.
I The provisions OF the second desert
land act Of March 26,I9Os (35 Stat,
49,. permits second application only
when the first entry was "lost, for.
feited or abandoned" and not 10 q
ease where title was actually nc.
quired.
The decision Of the Department in
Copper Bullion Claims (35 l.. d., 2),
holding that an entry must be can.
celed where IL appears that no oh.
stacle or barrier prevented the com.
pletion Of the patent proceedings
within the calendar year, according
10 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 fol.
lowed by the Department in ex parte
eases.
Errors Of Description.
In disposing Of duly contested
mineral entry, and in considering the
respective surveys, the position Of
each claim and their relative posi-.
tions, must be determined as the
claims are defined and established
upon the ground, and all errors Of
description Of the position Of either
claim. and Of the conflicts between
them. must give way thereto. follow.
ing the rule in the ease Of Sinnott
vs.. Jewett (33 l.. d., 81.
oWAohn8s f4 mlnorS-
A building or buildings used mere.
~ for the purpose Of housing miners
employed upon a mining clnim is not
such mining or milling agency as
Is contemplated in Section 1887 of
the Revised Statutes Of the u. s..
the connection between occupancy or
use TO which the land has been put
and operative mining or milling being
30 accepted. Citing Alaska Copper
Co. (3s l.. d., 1881.
This section Of the statutes does
not contemplate that more than one |
mill site shall be acquired in con.
nection with group of lode claims,
in the absence Of specific showing
IN that regard. Citing Hard Cash
Claims GA l.. d., 325).
Non-Mnnerai Entry.
No law or departmental ruling pro.
'ibits entry Of tract under the
ion'minerai land laws, merely because
is contiguous to the end of lode
lain. However, the fact that n
ract sought to be entered under the
'on-mineral laws adjoins a patented
ode claim on its end would seem TO
ender necessary the submission of
higher degree Of proof to establish
Is non-mineral character than would
e otherwise required.
Good Faith Of Entryman. |,
The proviso contained in the
eventh sestisn Of the act Of March ,
1921, and the act Of March 3,
BOP, provide for the protection Of
be surface rights Of entrymen, and ,
IL entirely competent for the Land 4
apartment TO inquire into the good i
'ith Of an entrymsn, for the purpose
aseertaining whether or not there I
Al been compliance with the re. :
iirements of the general law under
hich the non mineral entry was
AIDE.
VALIDITY Of Cislms.
II Is general rule that where
inerais have been found and the y
'idence 10 Of such character that a
srson Of ordinary prudence would .
justified In the further expend-
ure Of his labor and means with +
reasonable prospect of success In
'veloping paying mine, the 70.
iirements Of the statutes have been 4
ade.
The government 10 more interested y
the mineral showing In the claim,
ian in the place where the mineral