The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-04-26
COMMISSIONER GENERAL LAND
OFFICE GIVES PATENT DECISION


CONTINUED from Page y
service, made examinations Of the
ground and had ore samples assayed
which showed no traces of any valu-
able mineral. These gentlemen are Of
the opinion that no valid discovery
has beer made and that the showing
on the ground is insufficient to justify
the further expenditure of money In
the hope Of developing a paying mine,
Ion the other hand, equally expert
witnesses for the defendant testified
to the presence of an excellent show
ing of galena ore in the common I'M
proVement tunnel on the Murray
claim and that this tunnel as we'll as
The flume grade, mentioned above,
tends to develop the entire group and
that this is the only practical way to
develop the group. The testimony OF
these witnesses is also to the effect
that a quartz lead or vein, strongly
iron Slalnei ana III HloSl llStahCeS
carrying oxidized iron, is disclosed in
rock in place in the discovery cut on
each of the claims in controversy and
that the showing thus far made is am
ply sufficient to justify the further ex-
penditure of money with a reasonable
prospect of finding commercial ore.
There is a small amount of timber
ON the land but only in sufficient
Quantities for reasonable use in oper-
ating a mine. There can be no ques-
tion of defendants good faith, for he
has already expended in development
work many times the value of the TIM
Der. The defendants witnesses are
well known miners of much practica!
experience in the Occur d'Alene dis
trict. The land involved has no other
value than for mining and it is situat-
ed in a well known mining district. 1t
is situated within a few miles Of pro-
ducing mines.
I'VE are, therefore, of the opinion
that the charges filed have not been
proven and that they should be dis
missed and the entry patented, and We
so recommend
March II. 1917, you transmitted the
record in the case, together with your
decision, an appeal and brief on ~
peal, filed by the department of agri-
culture, and q motion to dismiss said
appeal, filed by counsel for defendant.
Said motion to dismiss is based upon
the record in the case and rules Al, 4S,
so and 81 of the rules of practice, and
particularly alleges that defendant
was not served with notice of said APP
peal until after the 30-day period al
lowed for appeal and service had ex
PRED. Since, however, the govern
ment, in cases to which it is a party.
is not obliged to file IA formal appeal,
said motion to dismiss is hereby de-
MED.
said testimony, which covers some
400 pages, has been carefully consider
ed in connection with your decision,
with the result that no reason is APP
parent for dissent from your conclu-
sions. The preponderance of testi-
mony, not only as to number of wit
nesses, but especially as to experience
in that particular district, is strongly
in favor of the validity of the loca-
tons involved. This is a region where
deep mining is the rule and in which
commercial ore is not often found out
cropping at the surface. 1t is the con-
sensus of opinion Of the witnesses for
defendant that the comparatively
small veins shown in the several dis
covery cuts of the disputed claims
have direct communication and con-
~nection with commercial ore at depth
and are such indications as would, in
that locality, warrant a man of ordin-
airy prudence to eXpend further time
and money, with a reasonable eXpee-
tation of developing a paying mine.
I'm the East Tintic Consolidated
Mining Co. (43 L. D., 79), the depart
ment, reversing it's decision of Sep
TENDER S. 1912 al l.. ID. 255), held as
follows: (syllabus).
"a discovery Of ore in commercial
quantities is not necessary to a valid
lode location: but it is sufficient II a
vein be found bearing mineral in such
quantity and of such quality as would
Justify a person of ordinary prudence
in making further expenditures Of
money and labor with a reasonable
prospect of success in developing a
valuable mine
! ut is insisted In the brief filed by
, the forest service that non of the
witnesses for defendant testified to an
I examination of the Good Luck claim
t however, on pages 1913 of the tran
; script, the government witness Gard.
ner, showed the existence on thai
claim Of a quartz vein, one foot wide.
mo reason Is apparent why The