The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1914-11-26

DECISION BY LOCAL LAND OFFICE OF MUCH INTER
EsTs TO MINING DISTRICTS COVERED FOREST
REsERvEs-DE cisIoN IN FULL.

A
90 by the register and receiver of the I
occur dAlene land Office which is of
oreat interest to the mining industry |
IN its relations to the forestry service. |
The case was In the form of contest
brought by the forest service on be-
half of the federal government against
the issuance of patent to IA mining
claims owned by the Star Silver-Lead
Mining company, lying in general
way between the Morning and Hecla
mines. The company Is represented by
Norman Ebbley, one of the heaviest
Stockholders, and the ground is in the
midst of wonderfully rich mineral
section The controlling owner of the
company is James Murray of Butte,
wealthy and successful mining opera
tor, who has spent large amount OF
money developing the property, but
principal development being a crosscut
tunnel of over 1000 feet, starting near
the head of Mill creek, and which has
cut several mineral bearing veins, some
of which the company plans to de-
velop after further exploration of the
ground by the crosscut.
Apply for Patent.
Having made what was deemed valid
mineral discoveries on the several
claims, the crosscut was designed for
the development of all and the amount
expended was far in excess of the min
...... o,,Y+ ran1,irad for Y1a tent The
crosscut demonstrated that the ground
had great mineral value and steps
were therefore taken to secure title
from the government. Surveys were
made and all things necessary We're
done in compliance with the law, and
on October 9, 1912, the application for
patent was filed in the land office at
Coeur d'Alene
Subsequent events proved that the
forest service did not propose to let
this valuable piece of Uncle Sans do
main slip into private hands without
a contest The fact that it was stu
ated on a high mountain range, abso-
lutely barren of timber, made no dlt-
ference to these Jealous defenders OF
the forest. mining expert of the
forest service examined the discovery
on each claim sent samples to Spo-
kane assayer to be tested, and then
formulated a report which formed the
basis of protest against patenting all
but three of the claims for the reason
that no mineral discovery had
been made. Upon being notified
of the protest the company de-
manded hearing in the local lano
office. A. H. Featherstone, attorney
of this city, appeared for the company
and two special attorneys from Port
land represented the forestry service
Exhaustive testimony was taken, oc'
cupying 100 typewriter pages, and th'
decision was a complete victory To-
the company. The decision of the reg
lister and receiver is here given in full
Decision Of Register and Receiver.
October 3, 1912, the Star Silver Lea
Mining company by Norman Ebbley
attorney in fact, filed mineral appli
cation serial 0S4SO, for the Star grou
of mining claims, Star lodes Nos l t
II, inclusive.
December 49, 1918, the commissions
of the general land office directed ad
verse proceedings against said entr
charging:
"That there has been no discover
of vein or lode of rock in place bear
ing mineral upon any of the followin
claims: Star No. /, Star No. 2, Sta
No 5, Star No 8, Star No. 10, Star N
IL, Star No. H."
April 4. 1914, the commissioner
the general land office advised thi
amended charges against said enti
had been filed as follows:
"That there has been no discover
: Of vein or lode Of rock in place bea
ing mineral upon any of the folloWir
claims: Star No. 1, Star No. z, St'
No. 7, Star No. 8, star No. 9, Star n
10, Star No. IL, Star No. IL, Star n
10, Star No. a."
June /, 1914, the contestee filed
answer to said amended charges, den
ing the same and requesting a hea
ing thereon.
September 25, 1914, after due pr
ceedings had therefor, the matter car
on for hearing before the register a
receiver the United States appear
by Harry f. Laughlin, special age
general land office, and w. A. Berg
assistant to the solicitor, departme
of agriculture, the contestee appear
by Norman Ebbley. attorney in fa
and by A. H. Featherstone. its attic
ney whereupon witnesses were swo
and examined in behalf of both parti
At the hearing the government a
mitted valid discovery on lode NO
this claim Is therefore eliminated fr'
the controversy.
AS to the presence Of mineral be-
ing rock in place or . valid c'sc'
cry thereof. on the severnl othar eia'
In controversy the testimony of
witnesses Is practically the same.