Bisbee daily review., 1914-02-08
CLAIM PROOF DECISION |S
 AGAIN GIVEN
Henderson-Coleman-Overlock Delta Filing Is Ordered io
 Patent; Ruling Is Broader Than in Rough Rider Case
Removes Doubt That in Es- tablished Mining District
 Claims May Be Forwarded Without Mineral Discovery

or general interest to the mining industry Of Arizona and Of especial interest to thcse sections cf the state where it Is necessary to go to depth to obtain ore in quantities Co war rant expensive operations and whore it has been practically impossible under prevailing rulings of recent years to obtain patents cn mining claims, is the decision in the case -f the United States vs. J.. R. Henderson ct al, rendered January 29. a copy of which has just been received.
 Under the rulings that have pre- viously prevailed it is claimed that practically none of the great mines Of the Warren District could have been patented, because of the im- possibility Of showing the discovery of mineral rock in place Recently there was a decision in the matter of. the Rough Rider group that re versed the old ruling, but the Tender son case was brought bcsore tLe Rough Rider and has an even more important bearing than ad that The decision just received gives pat ent where 1t had formerly been re- -fnsed and contested.
 The case in point goes hack to December, 1907. when l. R Tender sen. for himself and associates, made mineral entry on the Delta lode in the Warren district.
 On March 14, 1911, the department dirCcte, the register and receiver of the United States land onice at Phoenix, Arizona, to proceed in its protest against the allowance cf pat ent of the Delta lode mining claim. situated. in the bed of the Muic guich in the vicinity of the city of Bisbee, and the gT unds on which the government bases it's protest WIS. first: That there had been no discovery of mineral rock in place on the land embraced in said entry: and, seccnd: That the land was not mineral in character The applicants In this case being J. R. Henderson, Fred Coleman and L. J Overlook They filed their answer to said protest, and hearing was had before the United States commissi -nor at Bis 20. on September IS. 1919. and final hearing before the register and receiver at Phoeniv on UciuSar 23. 1912. On June z, 1913, the register and receiver held that there had never been a valid discovery of min eral rock in place on the said Delta lCde claim, and accordingly, the ap- plication was recommended for re- '"ction. Thereupcn counsel for min. vnl entrymen filed an application for new trial, which was denied, and thereafter appeal was taken by ap- plicants. and under decision of the commissioner of the general land of flee, dated January 29, 1914, the de. cision of the register and receiver was reversed and protest dismissed and the mineral entry recommended for patent,
 The appeal in this case. which was taken before the decision was re- gently made relative e. the Rough Rider group. was based on the fact that the register and receiver erred Tor the reason that it was impos- sible and unnecessary tO make discovery of mineral rock in place In a locality such as the one in which this claim was locatei and due to the fact that in that vicinity 1t was impossible to make dis. ccvery ,f mineral rock in place at depth less than probably 1000 feet as the history of other mines in Lhe vicinity showed. At the hearing had in this case before the commissioner at Blsbee, the applicants were rep resented by Judge J. NJ. OConnell who shortly afterwards died, and since that time in the matter of the motion for new trial and appeal the entrymen have been represented by the law firm cf Stanford, Walton & Townsend, of Phoenix As stated by that firm in a communication re- ceiycd yesterday. the decision means moro to the mining interests of Arl. zona than can be imaginei. for in many Of its mining districts appli- cants who have heretofore been un- able to make discovery cf mineral
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