Graham guardian., 1914-03-13
THE JONES DECISION
CONTINUED from Page Two)

Win lTOu-blAiucu VI iiOhih'piSS
mated contacts; on others, what is
termed by the witnesses. iron blow
OUTS and on still others. so-called
stringers, feeders, lodges. or blow
outs of quartz, stained more or less
with iron oxide. or impregnated
with iron sulphide, and varying in
thickness from two to three inches
to a number of feet"
1t appears to be the belief of min
ing men in that region that these
porphyritic intrusion and contacts
have direct connection with or re-
lation to underlying and deep-seated
copper deposits. Many witnesses
whose long experience and thorough
acquaintance with the subject mat
ter in general and with this par
ticular district as well, make their
testimony of special value, were of
opinion that the exposures on the
surface of these claims were suf-
ficient to warrant the expenditure
Of time and money, with reasonable
prospects of success in the develop
ment of paying mine.
1t will thus be seen that the ques-
ton of such relation between the
surface indication and the valuable
minerals below is the subject of
varying and somewhat conflicting
opinions.
II was upon showings such as this
that entries and patents were allowed
for mining claims in this region at
the dates of the locations and en-
tries of the claims here involved.
There can be no question therefore
that at those times more liberal
rule with reference to mining loca-
tions situated in this region pre-
vailed In the land department than
that applied by the department with
respect to the claims here in ques-
ton in its decision of January 81,
1911, and that had said earlier rule
been followed with regard to these
locations they would in the absence
of other objections have been passed
to patent. This being true, and it
appearing that these locations and
others in that vicinity, based on the
same character of discovery, had
been, in reliance on such rule, pur-
chased and dealt with as property,
the department is now of opinion
that the rule under which the en-
tries we're cancelled should not have
been given retroactive application
to the prejudice of the owners Of
the claims, but, on the other hand,
that the said previous and long con-
tinued practice of the land depart
ment established a rule of property
with respect to such claims which
should have been adhered to and
followed in the determination of
this case. Germania Iron company
v. James ct al, 98 Fed, 8ll; James
ct al. Germania Iron Company,
Belden Y. Midway campany, l07
Fed, 597; Howe ct al. v. Parker,
1870 Fed, 1888; Henry W. Fuss, 5 l..
D., 167; William Thompson, 8 l..
D., 194,-William Drew, 8 l.. D.. 399;
French Lode, % l.. D., CTS; Gowdy
ct al. v. Kismet Gold Mining Com
pany, "a L. D., 19l; Brick Pomeroy
Mill Site. 81 l.. D., 800; Hidden
Treasure Consolidated Quartz Mine,
35 l.. D., d85.
The testimony adduced at the
hearing herein fails to sustain the
charge that the ground is non-min.
eral in character, or that the entries
were fraudulently made for the pur'
pose Of obtaining the lands for agri'
cultural or townsite purposes. The
evidence on the other hand shows
that 1t is not susceptible of cultiva
ton and has no value as townsite
and it is now conceded that it wa'
located and entered for no Other
than mining purposes. AS to the
charge that prior to the filing Of
application for patent the claims
were conveyed to Hoval A. Smith
it is sufficient to say that this was
matter between Smith and the ap
plicant, j. A. Sherwood, and one
which in nowise affected the validity
of the entry. The record title tC
the claims was shown by the alb
stracts flied In CONNECTION with TIT