Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-21


was for the development of all claims
Injured to the benefit of the Golden
Star and that the work of the watch
man, above mentioned in 1907.
should be taken as the annual labor
for those claims.
When defedants established that no
work had been done upon the Golden
Star claim for the year 1907, which
was admitted by plaintiff, the burden
shifted and was upon plaintiff to es-
tablish the fact that work done out
side of the claim was for it's benefit; 2
Lindley Sec. $50; Dyer v. Brogan 20
Calf. 1886; Hall v. Kearney, Is Colo.
sos; Sherlock V. Leighton, Q Wy o97
1t appears from the evidence that
in June, 1906, the Copperopolis Cop
per Company ceased operation upon
the group and the men we're dis
charged except Gibbs, stockholder
and officer Of the company and super
intendent of the operation, who re-
mained upon the properties in the
employ of the company, until June,
1907, as watchman or keeper. The
improvements upon the Protection
and Oregon Bell claims consisted Of
two engines and boilers; concentrat-
ing tables; two gigs; a gasoline en-
gine; dynamo; an ore crusher; an
air compressor wh'ch was used in
operating a drill in the tunnel; a
ventilating system, operated in the
tunnel by the gasoline engine. A
part of this plant was obtained only
to experiment on the ore from the
Oregon Bell Claim and was not used
more than q month or two The only
work done at any time which tended
to develope the Golden Star Claim
/ was the tunnel which had reached
within few hundred feet of the
claim; and the only machinery or inn
provements that related to 1t was
such as were used in extending the
tunnel. When the mine was shut
down in June, 1906, the company had
evidently no immediate prospect of
resuming work. 1t ceased work for
the reason that 1t had no money and
was making an effort to sell the
mine. Thereafter in June, 1907, the
property was attached for debt and
placed in the hands of a receiver and
through such proceeding, the prop
erty was transferred to this plaintiff
1t is not contended that there was
any work done on any of the groun
that could constitute development
work for the year 1907, other than
the expense of the watchman from
January to June 1, 1907, and the
sufflciency Of that expense to consti-
tute the annual work for the Golden
Star Claim depends upon the neces-
sity for the watchman, and whether
the expense was sufficient for that
purpose. During that period Gibbs
was upon the property as keeper, but
the services of the son in cutting
wood for the house and caring for the
team Of horses and those of the wife
as cook were not necessary; nor was
the company justified in paying a
superlntendent's salary for a watch
man. There is no evidence as to the
value Of the services of watchman
but 1t does appear that McClernan
during the same time was per-
forming annual assessment work
upon the Kimbell group, belong to
the same company, at $500 a day
and paid his own board, and the ex-
pense Of the watchman should be no
more. Therefore If the expense OF
the watchman from January 1st to
June LIST, 1907, was necessary and
was for the advantage Of the Golden
Star Claim, equally with the others
It would be insufficient to equal tie
annual labor required upon the 10
claims, and but small part of the
property to be cared for related to
the group other than the two patent
ed claims. The expense of the keep
er is only allowable as annual labor
when the mine is temporarily Idle
and the work is to be resumed again
the watchman being necessary to pre-
serve the property needed when the
work is resumed, and cannot be SO
applied from year to year Indefinite
ly as substitute for the annual la
\ Dor, This is the holding In Hough v.
Hunt, 1SS Calf 142, where it is said d.
''The cases must be rare in which il
can Justly be said that such money
is expended in prospecting or work
ing the mine. There may be cases
where work has been temporarily
suspended, and there are structures
which are likely to be lost If not
cared for, and 1t appears that tho
structures win be required when