The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-04-26
IeStoodby rMoWery andvotedforBroWn
COMMISSIONER Of GENERAL LAND OFFICE
GIVES IMPORTANT DECISION PATENT CASE
USUAL PROTEST SERVICE APPLIcA.
TioN AlLowEo-DEclsloN INDICATES A MORE FAVOR
ABLE ATTITUDE TOWARD MINING INTERESTS
r1HE COMMISSIONER of the gen
eral land office has affirmed the
lnciSin Of thn rnpi Slnr and re-

T1HE COMMISSIONER of the gen
eral land office has affirmed the
decision of the register and re-
ceiver of the Coeur d'Alene land
office involving application for patent
of the Columbus group of claims on
Eagle creek. The application was pro-
tested by the forest service on the
ground that there was no valid min
eral discovery and that on one claim
the required expenditure of $500 lad
not been made. The decision over
rules this protest and passes the
claims to patent. In 1910 a suit to
quiet title to the Columbus group was
heard by Judge Woods, which result
ent owners and which was affirmed
by the state supreme court on appeal.
The application for patent was made
in the name of Eugene p. Fisher and
Rush J. White and c. f. O, Merriam
well known mining engineers; George
Huston, an equally Well known geolo-
gist of Mullan, and w. II. Herritk
actively identified with mining opera
tons of the district. Therrett Tow,es
was attorney for the applicant and
through him The Miner is able to
present the decision of the commis-
sioner of the general land office, which
is of unusual interest
The Decision.
December 26, 1914, registers final
certificate issued to Eugene p. Fisher
on mineral application 09429, filed Oc-
tober Ia, 1914, for the Good Luck, Col.
Bradford, Gallagher, Golden Eagle
Nos. ! and 2. Columbus, Murray
Wampum, Good Hope, Argentum, Dim
ero and Pumbum lodes, survey 23l0.
March 20, 1916, the forest service
filed a protest and application to con-
test certain claims of said entry, al.
leging as follows:
a. That valid discovery of mini
eral in rock in place has not been
made upon any of the following
claims Good Luck, Pumbum, Ar
gentun, Golden Eagle No. l, Col.
Bradford, Golden Eagle No. 2, Wam-
pun, Gallagher and Dinero lodes.
- That as much as $500 has not
been expended on or for the benefit Of
the Gallagher lode claim
ITnnp duo pntioa an1 1apia1 nf thn
charges, the case came up for hear
ing on October 20, 1916 before a COM
missioner, at Wallace, Idaho, the for
est service being represented by an
assistant to the solicitor of the de-
partment of agriculture, and the en-
tryfan by counsel. A number of wit
resses were examined. The deposit
tion of n. c. Fassett, taken before a
commissioner at Spokane, Washing
ton, was introduced before final hear
ing 1t went only to the identification
of certain assays.
I December 26, 1916, you rendered
your joint decision as follows:
1.-THE land involved is situated in
the somewhat undcveloped portion Of
the Coeur d'Alene mining district
None of the great producing mines are
in the immediate vicinity. A few re-
Gently developed properties, upon
which much money has been spent and
which, at present, give great promise,
are located within few miles. A COM
mon development tunnel on which
over $4,000 have been expended, and
disclosing valuable showing Of ga
lena ore has been run on the Murray
claim. fume grade costing consid-
erable money, and maintained for the
benefit of the entire group has Deen
established.
Ion the claims in controversy no
extensive development work has been
done, but only small discovery cuts
are claimed. Messrs. Gardner and In
galsbe. mineral experts for the forest
CONTINUED on Page 81