The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1915-04-01
LATE COURT DECISION
RELATING TO MINING
MINERAL AND MILLSlTE LOcA.
TloNS IN FOREST RESERVES
ASSESSMENT WORK.

OIL in the earth belongs to the own
er of the soil. 1t resembles water as
1t exists in the earth, it's original source
is uncertain. and even the exact l0ca-
tion thereof may not be known. The
owner of the fee has a right to pump,
use, and sell it, even ii his wells are so
located on his premises as to lessen the
flow of his neighbors wells dug prior
to his. Rumsey V. Sullivan (New
York;, $50 New York Supplement, 2S7
November II, 1914.
MilIsite in National Forest--Reinstate
rnent
A decision by the department of the
interior canceling a millsite entry
without passing upon the validity OF
he millsite claim or location or the
claimants possessory rights or owner
ship in the premises, in no effects the
legal rights, if any, the claimant may
have in the millsite claim and where
the land is included within the limits
the operation of the proclamation Gre
ating the same by reason of being
covered by the millsite claim, the sub
sequent cancellation of the millsite
does not have the effect to make the
land a part of the national forest OF
deprive the secretary of the interior OF
tria 70 ~
patents thereon Alaska Copper Co
eli al. Gland Department. 43 Land De-
csions 257. May H3, 1914
Assessment Work--FaiIure to Perform
A miner went on a group of mining
claims owned by his brothers estate to
perform the annual assessment work
thereon, in order that by protecting
the title of the estate he might event
ually recover a claim he had against
it. While on the ground he occupied
a claim built by and belonging to the
estate. He was unable to furnish suf-
ficient money to do the work himself
and although the representative of the
estate promised to raise some more,
this was not done until after the first
of the following year, when the claims
were relocated by himself and an
other Held that he did not occupy
a fiduciary relation toward the estate,
that insufficient work having been
done prior to the first of the year, the
claims on that date became open to re-
location and that the subsequent per-
Torrance of work by the former own
ers could not validate their forfeited
claims.
Mcdonald V. Mcdonald (AriZona),
144 Pacific, $50. December 9, 1914.
Mineral Locations in National Forests.
The bank and beds of non navigabe,
unmeandered streams on lands belong
ing to the United States containing
valuable mineral deposits may be liz
cluded in locations and entries under
the mining laws, The general mining
laws are operative with respect 10 de-
posts of gold or other m@.nGifaTjus
minerals within the limit Of national
forests of poWer-site Withdrawals the
same as with respect to like deposits
elsewhere on the public domain. If
the evidence is convincing that the
claims in question contain deposits of
gold of such quantity, quality and
value as would warrant a prudent man
in the expenditure of labor and means
with a reasonable prospect of success
in developing valuable mines, they are
dsposable under the mining laws, not
their possible or probable
value for or in connection with the de-
velopment of electrical power Cata-
ract Gold Mining Co ct al Gland De-
40 Land Decision, 1872
April 81, 1914.