The copper era and Morenci leader., 1916-04-14

good faith every opportunity to carry on his work to the very best advan- tage. They have, however, frequent cases to contend with where the rights are abused and the laws bro- ken without any reason or excuse. The following is quoted from in- structions to the executive portion of the Forest Service and no fair minded person can take exception to what is stated particularly when it is remembered that the work of the Forest Service is for the benefit of many thousand people for every pos pector that might reasonably be ex- pected to go on the ground.
 Definition of Valid Claim
 "A valid claim is one initiated in good faith under some action of Congress for the acquisition of title to public lands and continued by use consistent with the character of the claim and necessity for it's actual development"
 It is a fundamental requisite that all claims be initiated in good faith for the purpose contemplated by the law under which they are held. It is bad faith, for instance, to hold a mining or agricultural claim pri-
 
 acquire a site valuable for water power development Where the land is held for the timber, for a hotel site, saloon site, or other foreign use, and there has been no compliance with the requirements of the law un- der which the claim was initiated, it may be considered prejudicial to Ma tional Forest interests 5
 Examination of Mineral Claims
 Prospecting will not. be interfered with and mineral locations will not be examined prior to application for min eral patent, except where report is requested by the Department of the Interior or where locations interfere with the administration of the Ma tiCnai Forest. No adverse report will be submitted to the Department of the Interior which has not been made by a mineral examiner. Pros l oct:nS may be carried on without ohtairing permit from forest off cers
 Free Use of Timber for Development
 Of Mining Claims
 ''The locator, or subsequent owner, of mining claim has a right to the use of sufficient timber from his claim for development purposes. , buildings as may be necessary as an adjunct to such development, and the timber for shafts and tunnels, as well as for fuel in connection with such development. Timber, however, may not be cut from one claim to be i used on another claim, even if it be of the same group, unless it's use tends to develop the claim from which it is cut as well as the one which it is used, except under free use per, i nit" s
 "A mining claimant L.2css no right from his claim. for sale or for pur- poses other than the development of the claim and such removal consti- tutes trespass, except where the re- moval of the timber reasonably in advance of the mining work is nec- essary to the development of the claim"
 The law regarding the use of timber for mining purposes on any public lands states that it may be cut only from the included surface, although this is something which received very little attention from the mining public and frequently is matter of surprise when this restriction is made on forest reserves. The quota ton above, however, shows how very easy this question can be- arranged when the claim is taken up. where timber is unsuitable or scarce and all that is necessary is to consult the To- cal ranger who will advise that timber may be cut Service regulations