Weekly journal-miner., 1915-08-25
NEW QUESTION UP
 IN FEDERAL COURT
(From Saturdays Daily.)

(From Saturdays Daily.)
 Involving a point of law which
 never before has been fought out in
 the United States district courts, the
 suit of Ralph Cameron vs. Thomas
 F. Weedin and John J. Birdno, of the United States land office at Phoe- nix, for an injunction restraining them from hearing unpatented mine claim charges against the plaintiff, was started in the Federal court yes terday before Judge Sawtelle
 The question is new one and should be of great interest to men in mining all over the United States, according to Attorney Robert E. Morrison, who is representing Gamer on. Three years ago a United States mineral inspector preferred charges, in the land office, against Cameron claiming that number of unpatented mines located by him contained no mineral whatever. Cameron at that time was notified, and after an inves- tigation the question was dropped until recently, when it being brought up caused Cameron to file Q com plaint in the Federal court against the land office. Cameron's position is that the point should be decided by the courts instead of the land office, which could not be neutral in the mat ter, according to his attorneys.
 The land office holds that it has jurisdiction in the case and also that the court has not jurisdiction to in terfere with the proceedings of the land office. The land office insists that it has jurisdiction to initiate q proceeding in the land office on be- half of the Federal government against locators of mining claims in l case in which no application for patent has been made It is the opin lon of the plaintiffs attorneys that un- less mine has been patented or ap- plication has been made for a patent he land office cannot possibly have jurisdiction
 Morrison declared yesterday that the question had been decided by Assistant Secretary A. A. Jones, of the department of the interior, on October "A, 1913, when he made de- cision in a similar case, ruling in favor of cx-parte Smith and Nichols, and stating that after careful con sideration of the case, presented by the record of the department. he was convinced that the policy followed by the land department since the de cision in the Yard case was entirely ;ndefcnsible, whether viewed from an administrative or legal standpoint. In the Yard case the land office decided in favor of the government
 Because the land office received in structions to go ahead with the hear 'ngs of the Cameron case the matter for the first time in history has been brought into the courts and involves l point which will mean much to mining men. It is the claim of the plaintiff that if the land office is al lowed to go ahead the executive branch of the government will be in vading the territory of the judicial branch.
 Robert E. Morrison and Joseph | Morrison represent the plaintiff, and U. s. Attorney Thomas A. Flynn, As sistant U. s. Attorney Gerald Jones, ]. o. Seth, assistant to the solicitor of the department of agriculture, and B. H. Gibbs, chief of the field divis- ion land office at Santa Fc, New represent the land office. Each side has been given three hours to argue the case, and the land of flee men will begin this morning. Robert F. Morrison argued the case yesterday and Joseph Morrison will finish for the plaintiff.
 Koke Case Under Advisement.
 With the completion of the argu- ments for the defense by Attorney A. B. Littleton and Judge Richard E. Sloan the Coca Cola Company vs. the five Koke companies case was taken under advisement yesterday by Judge Sawtelle.
 BEING MADE