Graham guardian., 1914-03-13

Time lode mining claims, situated ir
the Warren mining district, Arizona
These entries were allowed De
cember l3, 1906. February %, 1907
a protest was filed against the same
by a chief of field division, charging
in substance and effect, that the
land embraced in the locations is non
mineral in character; that no minera
had been discovered on any of the
claims; that the entries were fraud,
ulentIy made with a view Of obtain.
ing the land for agricultural and
townsite purposes; and that prior to
making application the claims were
conveyed by the applicant to one
Hoval A. Smith. As a result of 8
hearing had On said charges in No.
vember, 1908. and April, 1909. the
local officers found that none of the
charges had been sustained and rec
commended that the proceedings be
dlSml$seti. Upon review of the rec
ord the commissioner by decision of
April II, 1911. found that no such
discovery had been made within the
limits of any claims as would sup
port an application for patent or
mining location, and accordingly
held the entries for cancellation.
On appeal by the entryrnen this find.
ing was sustained by said depart
mental decision of January 81, 1911,
and September 5, 1912. Pursuant
to said decisions the entries were
canceIed.
The present decision was predi-
Gated in part on the ground that
the departmental decision of Janu-
ary 81, 1911. established and gave
effect retrnactively to rule respect
ing discoveries in the area known
as the Copper Queen block, wherein
the claims in question are situated,
that did not obtain at the dates of
the locations and entries; that at
these times, and for many years
prior thereto, it had been the prac-
tice of the land department 10 allow
entries and issue patents for loca-
tions in said area, based on the same
showing as to discovery as was re-
lied upon to support these locations
and entries; that the former prac-
tice had become rule of property
in that vicinity, and that in reliance
thereon these locations had been
purchased prior to entry for vaIu-
able consideration.
In connection with the petition
there is filed an affidavit of Hoval
A. Smith. wherein he AYERS that
about the year 1905 he acquired an
interest in the claims in question,
representing an actual cash outlay
of approximately $40, 900; that he
the title to said mining
c aims, in so far as he is interested
therein, and he is informed and
verify believes that the other claim
ants acquired their interests, in so
far as they are interested therein,
in reliance upon, and only because
of, the rule of construction then
prevailing and applied in the land
department of the United States as
to what constitutes valid discovery
in the particular locality in which
said mining claims are situated, and
that the discovery upon said several
claims was no less than that held
in many other cases both
prior and subsequent to the acquisi.
tion of title to said claims by this
atfiant and by the other claimants
herein. And this affiant says that
ne would not for himself, and he is
informed and believes that the other
claimants herein would not, for |
themselves, have acquired their in
erests and titles therein and would |
Tot have expended their money or
line or effort therein had they not |
elied upon the application to the
adjudication of their claims to pat
mt and upon the above named min
ng aims of the same rule of con-
truction that was enforced and ap-
,lied by the land department at the
ime he and they acquired their sew.
raj titles and made their several in
estments therein.
Upon a reconsideration of the
natter. on the present petition, the
apartment finds that the discov-
ries alleged respecting these claims
'ere such as for many years prior
0 the date of the entries had been
ED and regarded by the land de-
artment as appropriate bases for
,cations, entries and patents in the
bove mentioned area. This con-
Iusion finds ample support in an.
pinion rendered August g.. 1911,
y the assistant attorney general (
Or this department, in the matter {
f certain suits instituted with a
lew to the cancellation of various {
atents issued for mining claims in ,
lid area. In that opinion it was
lid: -. '.' {
The lands involved lie within one I
the richest copper mining districts {
I the United States and some of I
,ese claims are within less than +
he mile of paying copper properties. v