Arizona republican., 1914-02-06
OLO RULING
 |S REVERSED
Ore in Place Requirement Set Aside in Sections Where Mineral Values Prevail Only With Depth of Workings

Of general interest to the mining industry of Arizona and of especial interest to those sections of the state where it is necessary to go to depth to obtain ore in quantities to war rant expensive operations and where it has been practically impossible under prevailing rulings to obtain patents on mining claims, is the de- cision in the case of the United States vs. j. E. Henderson ct al, rendered January 29, a copy of which has just been received.
 Under the rulings that have pre- practically none of the great mines of the Warren district could have been patented because of the inn 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 pres ent case was brought before the one that was previously recently decided and has an even more important
 bearing than had that The decision
 just received gives a patent where
 it had formerly been refused and contested.
 The case in point goes back to December, 1907, when J. R. Tender son, for himself and associates, made mineral entry on the Delta lode. n,, Ma directed the register and receiver of the United States land office at Phoenix, Arizona. to proceed in its protest against the allowance of pat
 ent of the Delta lode mining claim. situated in the bed of the Mule gulch in the vicinity of the city of | Bisbee, and the grounds on which | the government bases it's protest was, first: That there had been no discovery of mineral rock in place
 on the land embraced in said entry; | and. second: That the land was not
 mineral in character. The applicants l in this case being J. R. Henderson, | Fred Coleman and L. J. Overlook, and they filed their answer to said
 protest, and hearing was had before | the United States commissioner at Bisbee, on September IS, 1912, and final hearing before the register and receiver at Phoenix on October 23 1912. On June '. 1913. the register and receiver held that there had
 never been valid discovery of min- eral rock in place on the said Delta
 lode claim. and accordingly. the ap- plication was recommended for re-
 jection. thereupcn counsel for min
 eral entrymen filed an application
 for new trial, which was denied, ant
 thereafter appeal was taken bv ap.
 rlicants, and under decision of tn,
 commissioner of the general land of
 flee, dated January 29. 1914. the de
 cision of the register and receive
 was reversed and protest dismissed
 and the mineral entry recommends,
 fer patent.
 The appeal in this case which wa
 taken before the decision was re gently made relative to the Roug Rider group was based on the fac
 that the register and receiver ere l for the reason that it was impos siblc and unnecessary to make ] discovery of mineral rock in plac $ in a locality such as the one i e which this claim was located an e due to the fact that in that vicinit l it was impossible to make a dis V covery of mineral rock in place 2 ,. a depth less than probably 1000 fee : as the history of other mines in tl l vicinity showed At the hearing ha r Tn this case before the commissions = at Blsbee, the applicants were Ter S resented by Judge J. M. O'Conne e Who shortly afterwards died. ar V since that time in the matter of II 1T motion for new trial and appe s the entrymen have been representt d by the law firm of Stanford. WaItc V Townsend, and as stated by tn. V 1lrm today, such a decision mea1 O more to the mining interests of Ar n zoha than can be imagined, for
 lhdny Of its mining districts appl l. cants who have heretofore been ui I able to make discovery of miner - rock in place may, after the receI $ ueclslohs Of the department, now p IS theIr claims to patent without maj r. Ing such showing in cases where u ,f claim is located in a mining regic
 which from a geological standpoi n IS in every sense a mining and n
 an agricultural region, where all fl ,e indications are that mineral in pa l Ing quantities will be found if d.
 Velopments continued to the prop d depth.