Arizona republican., 1916-03-26

 in the name of the Government against Ralph H. Cameron, asserting that cer- I tain eighteen mining claims, situate in the Grand Canyon and owned by Cam eron were void, claiming that Cameron had not made proper discovery and various other charges. First Assistant Secretary of the Interior A. A. Jones, then and now occupying such position, in case raising identical questions,
 This controversy arose substantially 1s follows: '
 Something over two years ago, the United States, at the instance of the Forest Service, caused contests to be initiated in the local Land Office. in the name of the government against Ralph H. Cameron asserting that cer- tain eighteen mining claims. situate in the Grand Canyon and owned by Cam cron were void claiming that Cameron had not made proper discovery and various other charges: First Assistant Secretary of the Interior A. A. Jones, then and now occupying such posi- tion, in case raising identical ques- tions. held the department without jur- isdiction. in a strong opinion in the case of EX Partc Nichols and Smith. his opinion being dated October 24. 1913: this has ever since then and now is the Law Of the department of the interior; Secretary Lane, nOtwithstand ing this, last May ordered, personally. the local officers. Register Weedin and Receiver Birdno to proceed in the Cam ercn contests which had been held in aheyance since the decision of Assist ant Secretary Jones; Cameron retained Joseph F.. Morrison. of Phoenix to rep reSeNt him who in turn employed Robt. F. Morrison of Prescott to assist him. Pleas to the jurisdiction were filed and argued by J. F. before the local land officers and were overruled: thereupOn immediately an action to restrain the District Court of Arizona; this was decided adversely to Cameron in No- vember. 1915, the Court holding that if the actions of the department were void, they could not lnjure Cameron and therefore he was not entitled to injunction and also that the register and receiver were but subordinates of the secretary of the interior and would not be enjOined when merely carrying out the orders of their superior officer: thereupon Joseph F. Morrison pro- cceded to Washington and brought the suit which has just been decided in i the supreme court of the District of Columbia. directly against Franklin K Lanc secretary of the interior and Clay Tallman, commissioner of the general land office. which suit resulted as shown in the opinion which is given in full; the attorney general of the United States represented the secretary | and commissioner: the courts rarely exercise the power of injunction over the heads of the executive departments 1 Of the government: the secretary of I the interior has not been enjoined, for | any reason, more than half dozen times in the history of the nation.
 | This case is most important to min CTS and people interested in mining. As general proposition the general Vland office. a bureau in the depart f, ment of the interior, has full jurisdic- ton over all questions relating to the 1 disposition of the public lands How ever. the policy of the government with reference to the disposition of it's mineral lands is most liberal and it 1 has been held many times that title and vested right is granted by the government to the locator of every mining claim. The position of Cameron
 and his counsel was simply that this
 being true. the question of whether q
 locator had performed all of the loca
 ton acts. required by the federal stat utes wasspurely judicial or legal one
 q question of title or vested right ant
 the government. if it desires to dis.
 pute that such acts or any of then
 have been performed must, like any o
 US citiZens go into court and litigat, Ire matter and cannot assume iuris clctlon which it has not This applie to every unpatented mining claim il the United States and makes for abso
 lute security of title in such claims
 The land office ruling would have ac
 corded the locator of mining cIain
 only the privilege of doing so when h
 has the undeniable and unalienab bI right granted him bw the laws of o,I country. The decision is one of th
 most important ever given in relatio to mining.