Arizona republican., 1911-12-02

locations. to wit, the Cactus Nos l
 ?. 2, and 1. claimed to have been , made May r.. 1906, by the said M. A.
 Mercer. and the Limonite Nos and 1 2. claimed to have been made about . the same time, the exact date. how ever. not being shown. by w. H. , Mercer. for The Radium Mines Com
 pany. The area embraced in the entry . is situated about 3i2 miles in a north westerly direction from the town of Globe. in the immediate vicinity of
 which are a number of mines well known as copper producers. It lies
 longitudinally north and south along
 the bed of stream known as Pinal iCreek. and is flanked on the east and
 west by hills whose slopes at this
 place form the sides of a narrow val ley or rather flat gulch. The forma-
 tion exposed on the surface of the area consists of a deposit of a detrial nature denominated Gila congIomer- ate composed of fragmentary material lof local origin, ranging from fine
 sand to powders to 10 feet in di- ameter. held together by d calcareouS cement. The thickness of this de- posit within the limits of the area is undetermined but it is estimated by the witnesses in the case to be from several hundred to a thousand feet It is conceded by protestants to contain no mineral bearing rock in place and to be. in fact. barren of
 mineral. except such as may be found ! in the powders. of which it is partly composed In the hills to the north
 east of the area and at points 500
 or more feet therefrOm. and at con sidsrably higher altitude. there out crop number of veins. which it is
 testified, carry copper. iron. and a small amount of gold These veins. which are in formation different from that exposed upon or shown to
 underlie the land in question. have northeast and southwest strike and to some extent have been worked for mineral. Neither their size nor the result of the mining operations al legged to have been conducted thereon is. however. disclosed by the record in the case. None of these veins has been exposed on the land. the Gila conglomerate, which is supposed to overlie the formation which would constitute their walls within the linn its of the entry. not having been pierced by any of the workings. which | consist of number of open cuts and 1 shallow shafts sunk within the area. | Witnesses for the protestant, however. | give 1t as their opinion. that these | veins continue in southwesterly di- rectiOn from the. points northeast of | the land where they are exposed. into 1 and entirely across the area, and that | by the sinking of shafts on the re- spectiVe strikes of the veins within | the area to a depth sufficient to pene- tratc the Gila conglOmcrate, it is | highly probable they will be encoun- tered. On the theory that these veins | continue in q southwesterly direction through the land and also on the fact that the area is within mineral ized region, they express the further opinion that the land possesses | positive value for mining purposes. The protestants chief witness. how ever w. $. Sultan. d mining engineer, of Globe testifies that there is no outcrop to the southwest of the land which would indicate the continuance of said veins to or across the said area. nor any outcrop in the entire country surrounding the land. ex- cept to the northeast, that would give evidence of such continuance; that there is no certainty that q single one of them continues on its strike toward the southwest and be- yond the point where it is exposed to the northeast of the land; that 1t is mere probability that any Of them extends under the land; that each on it's respective strike to the southwest must end somewhere and that this point may as well be the place nearest the land. and to the northwest thereof. where it is exposed as at any point to the southwest of the area.
 Upon careful consideration of the entire record. the department is con vinced that the evidence fails to show that said veins exist within the area embraced within the entry. But. If the contrary were true. there is not disclosed by the record in the case a single fact. as distinguished from mere opinion or belief, from which it could be determined that said veins or any of them, even where exposed.
 
 thickness. On the other hand. an alluvial area. which is shown to lie along the creek. would seem from the evidence to possess sufficient soil to support an agricultural growth. and about Slk acres thereof appear to have been utilized by the entryman for the production of garden veget- ables. which are disposed of by him in the town. of Globe. Other portions of the area seem to have some value for grazing purposes.
 In view of the foregoing 1t must be held that the protestants nave failed to sustain their charge that the land is more valuable for mining than for agricultural purposes. The judg- ment of the commissioner is accord ingly affirmed.
 SAMUEL ADAMS.
 First Assistant Secretary.