The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1918-06-27
Conflicting Claims
of Homesteader
and Miner
PROVE MINERAL LAND
Miner Loses in Local Land
Office, but Is Sustained
by Commissioner
COMMISSIONER of the gon-

eral land office has reversed the
| decision of the register of the
United States land office al
Occur d'Alene in the case of A. d.
Burrow vs. William T. Spears. This
was another of a long list of contests
which have characterized the develop
ment of the mining resources of the
west and the question involved the
character OF the land in dispute,
namely, whether it was mineral or ag-
rlcultural The case Is therefore in
teresting to readers Of the Miner and
the decision is given in full. The
ground in dispute Is in Kootenai coun-
ty, a few miles south Of Medimont.
The conflicting claims involved the
right to about Is acres and the dispute
was brought to a climax last August
when William T. Spears, the home
stead entryman, submitted final proof
for his land. On the same day A. ID.
Burrow, the miner claimant, filed con-
test proceedings in the land office. A
hearing was subsequently held by the
IeBiSteT vi tIle ldnu Olllco III WHICH
Mr. Burrow was represented by Their
rett Towles, attorney of this city, and
Mr. Spears was represented by c. Fl.
Potts, of Coeur d'Alene. witnesses
who appeared for Mr.. Burrow to prove
the mineral character of the land were
Sidney l.. Shonts mining engineer,
and w. II. Herrick, county assessor
and experienced mining man, both Of
Wallace, and Carl Johnson, a practical
miner of Pine creek and former own
er of the Burrow claims. For Mr..
Spears appeared John H. Nordquist,
mining engineer Of this city, and Tim
othy Mccarthy, also a homesteader,
but who has had a wide experience in
mining in the Coeur d'Alene and 9TH
er districts Mr.. Burrow is employed
in the Hecla mine at Burke and Mr..
Spears is employed in the Hercules.
Immediately following the decision of
the local land Office, appeal was TAX
en- on behalf of Mr.. Burrow to the
commissioner of the general land Of
flee, who has just rendered a decision
reversing tine local land office, which
follows:
Commissioners Decision.
August 16. 1912, William T. Spears
made homestead entry No. OS420. for
lot Q. Sec. 1 T. AZ N, r. 2 W., and
lots14 and Is. Sec. 6. II. AZ N, r. w.,
embracing an area of 1895 acres.
August 1, 1917, he submitted final
proof, which was suspended, pending
disposition of contest proceedings and
of application for reduction Of cultiva-
ton. May 49, 1918, the case was clear
listed as to reduction of cultivation by
office letter "FS."
July 81, 1917, A. d. Burrow filed
protest against the entry, together
with application for hearing, alleging
his ownership and possession of the
Jumbo and North Star lode locations.
in conflict with lot of said Sec. :, II.
AZ NJ, r.. W.; that the area in con-
flict was mineral in character. .rd
that more than $4,000 had been ex-
pended upon the development of the
group of four claims, of which the
Jumbo and North Star lodes formed
"a portion.
Upon due notice and denial. Of the
charges, the case came up regL larly
for hearing before you, at your office,
on October TO-, 1917, at which place
and time both parties were present, in
person and by counsel. and witnesses
were examined.
November 9. 1917 you rendered your
joint decision, by which after recital
Of the facts developed in the case you
held as follows:
I'VE do not think that the mineral
showing in this case is sufficient to
justify reasonably prudent miner in
the further expenditure of time and
money with the hope Of developing a
paying mine. The discovery shaft on
the Jumbo lode Is located on it's con-
valid mineral discovery has been made
upon either the North Star or Jumbo
lode It Is our opinion that the pro-
test should be dismissed and we so
recommend"
January 10. 1918, you transmit O.,
the record in the case, together with
your decision, an appeal on the part
OF protestant, and briefs of counsel.
The record has been carefully oxar..
ined in connection with your said de-
cision.
AS shown by diagram, Exhibit a !,