The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1914-02-07
IMPORT.
ANT LAND RULINGS

CONTINUED from Thursday.)
Digest of important law points re-
Gently decided by the Secretary of the
Interior:
Practice.
Previous and long continued prac-
tice of the land department in regard
to a certain class of claims tends to
establish rule of property with re-
spect to such claims and should be
followed in the determination of
cases. In the absence of a protest of
one claiming title, the question as to
the real ownership of a claim is one
not ordinarily inquired into by the
land department
confrmatory effect of the provisions
1891, must be a proceeding sufficient,
in itself, to place the entryman on
his defense or to require of him a
showing of material fact, when served
with notice thereof.
The rules of practice, relative to
the abatement of private contests not
diligently prosecuted, will be applied
to all proceedings against entries,
whether on the part of the govern
ment or of private individual The
case of Mertie c. Traganza (4O l.. ID.
3o0) OvERRULED.
While the title to land remains in
the United States and controversies
arise between occupants thereof,
whether agricultural or mining, neith-
Ell party having invoked the iurisdic-
tion of the land department for the
purpose of acquiring the ultimate
title, the courts have the power to de-
termine their rights, based upon the
law or possession and all other ques-
tions necessarily involved. Case of
H. H. Yard ct al (3S L. d. 59) OVER
RULED.
It is clearly within the contempla-
tion of rule SO of practice, if not ex-
pressly required thereby, that testi-
mony in support of contest shall be
taken even when the contestee has
failed to appear at the hearing.
Under rules 1896. inclusive, it is in
eumbent on local officers toe see that
all pertinent facts with reference to
the case are elected at hearings hal
before them.
Mining.
Paragraph 135 of the mining regu-
lations is necessary in order to secure
proper administration of the miner
al laws. As groups of lode mining
claims often cover considerable
aera, it is indispensable that a cor
ner of each of the locations be tied
within a reasonable distance to an
established survey monument in or
der to insure accuracy of survey,
correct locus of the locations upon the
ground, full notice to any adverse
claimants and correct description in
the field notes and plats of the town
ship and subdivisional surveys.
Under the provisions of section
2335, revised statutes, all necessary
papers must be verified before an
officer authorized to administer oaths
within the land district wherein the
claim applied for is situated and such
verifeation must be made in that
particular land district. Such officer
must not be interested in the claim
as attorney, counsel or agent
A wagon road is not essentially a
mining improvement; that is to say,
it is net such a work as in and of
itself tends to the extraction of min
Oid al iiohi anu tHpidCcu III d uflutIdl
location or to the other purposes
above mentioned; hence it is only in
those cases, where it is clearly and
satisfactorily shown that road is
absolutely essential to the develop
ment of a claim, that its cost can
properly be held to be accredited.
Citing (37 L. d. 371.)
When the mineral character of a
mining claim in conflict with Sec
tion claimed by state under its
public school land grant is challenged
by state, the usual formal proofs
under mineral patent proceedings will
net suffice to establish the mineral
character of the land but that, in such
cases, the mineral character must be
established by substantial proof, and
that the state is not bound to take
the initiative at hearing ordered to
determine the question.
NOTE-These digests are compiled
by William w. Wright, of the District
of Columbia bar.