Weekly journal-miner., 1918-01-09

DranCn 10 connect Nltn us lndln llHc and annexed this wonder of the world as an attraction to secure travel over its route. Mineral was discovered by Mir. Cameron and the Cape Horn Lode Mining Claim was located April 10, 1oI2, to cover the head of this trail, while other claims were locat- ed farther down along the route. Diff fcrenccs with the railroad company developed over the use of this trail and injunctions of a minor nature were sought but not carried to a de- finatc termination Meanwhile the Grand Canyon National Monument, including this tract, was set apart on January II, 1908.
 Finally application was made by Mir. Cameron for patent of this Cape Horn mining claim. Contest was filed by the railroad, and the patent application was denied on the ground of insufficient mineral values. The Secretary of the Interior on February II, 1909, ordered the mining location. vacated. The point at issue on ap- peal now being whether the Depart ment of the Interior or its officers, under the Mining Acts of Congress, has authority to vacate valid min ing location with it's future poSSlbili- ties, that on application does not show sufficient mineral values to support the granting of patent. ln other words, when application for patent is rejected, is the applicant to be left in the possession of his rights held prior to application, or is Inc to be divcsted of such rights:
 The railroad company has now erected the "El Tovar" hotel on the rim of the canyon, and needs the ust of this Bright Angel' trail to con1- pletc its holdings.
 An exceptionally unique condition worthy of mention exists at the pres ent time in property adjoining the town of Jerome above mentioned. Many years ago a claim called the Hog Back of questionable mineral possibilities, was located, and much of the surface grounds was sold for residence lots. A good harvest hay ing been rcapcd from the sale of surface lots. interest in the proper ty was lost and the annual assess ment work was not performed for several years, when the claim was re- 1 located by strangers as the "Moun- ! tain View" claim. After the sale Oi few more surface lots, application ! for patent was made, but the owners being unable to prove the existence of sufficient mineral values the ap- plication was rejected. The claim passed into other hands, and an i'm mensc body of rich orc was encount- cred at great depth on an adjoining claim, the deposit extending into and { through the Mountain View claim. | Application for patents was agIn made and patent was actually issued | There are at present a score ot rest | dences on the claim on lots whose ! owners or their predecessors m in- tercst purchased on the Hog Back claim. These parties have been in i actual, adverse, notorious and oN- elusive possession of their holdings at all times since, paying taxes on their improvements and exercising every right of ownership and the fuli period of Limitations expired in l their favor Verify no particular sec | ton of the country or class of prop crty can claim a monopoly on the troubles of the title examiner
 l Tn spite of Inc higher prices charg- cd .c- atiling abstracts, this work is not a; rcmurcrativc as it should be. ! A large percentage of the takc-ofiS and the work of posting on mining, claims is dead loss on account of abandonmcnts in advanced stages oi | the title: this percentage will vary, of course, in different localities. l recently made a test check of the mining property indiccS of our office and find that there are in rounu numbers 25.000 mining claims oi every class entered on our books. There arc B per cent of these prop critics upon which no item has been recorded during the past 10 years, and it is safe to say that onc-hali these, or more than 4,000, claims en- | tered 0n our books have been aban ! doncd Every abandonment means a dead loss of all the work on that title up to that point This loss must be met in some way and the most sensible think to do is to charge all the traffic will bear.
 Many irregularities in title arc di- rectly chargcablc to the incompct- ency and carelcSSncss of outside at torneys. The lack of knowledge in the essentials of mining titles dis played by some of these is amusing
 Not long ago l received an opinion on an abstrict we had issued. He wrote thus: T note that in your ab- stract you show nothing prior to the Notice of Location, if there is any
 thing of record before this date l wish you you'd include it in your ab stract, and ii nothing appears, then I wish 10 have your statement of the fact"
 Prior 70 a few years ago the ab StractS of title accompanying appllca- tions for mineral patents were re- quircd to be certified by the legal custodian of the records, in the ab
 Scncc oi State laws admitting ab |