The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1920-05-06

was conflicting.
Continuing. the decision says IN,
locators entered openly. made placer
discoveries. performed the requisit,
acts of location. excavated severa
Shafts. ran drifts and mined con-
siderable amount of placer gold Gov
ering q period of two and three
months. The locators did not meet
with any resistance or resort "a
any hostile. fraudulent or deceptive
acts But there was evidence of such
ownership of buildings. comparative-
ly recent prospecting and maintenance
Of a watchman on the part of the
lode claimant as made it a fair ques-
ton whether he was in actual posses
sion when the placer locators entered.
The buildings were an on the same
claim and covered only part of it.
They had been used i'm connection
with mining operations upon other
claims The buildings were not dis
urbed by the placer locators. nor
was there any attempt to appropriate
them. The Waterman made no obiec-
ton to what was done.
The court says that ownership of
the buildings did not in itself give
the lode claimant any right i'm the
and or prevent others from entering
peaceaoly ana I'm good faith to aVai
themselves of privileges accorded by
the mineral land laws, but the pres
ence OF the buildings and his relation
to them did have a bearing upon the
question of actual possession Even
II the lode claimant was in actual
possession of ALL it still was a dis
putable question under the evidence
whether there had not been such ae-
lulescence In the acts Of the placer
iocators IN going upon the ground
making placer discoveries and mark
ing ther locations as gave them IT,
status OF lawful discoveries and lo-
Gators rather than wrongful intruders
Or trespassers: that is to say the sta
-us OF explorers entering by permits
sion ana then making discoveries.
Right to Patent.
The court speaks of the effect of
section 1882 r.. S, which provides that
where persons or associations have
held and worked their claims for a
period equal to the time prescribed
by the statute of limitations for min
ng claims, evidence of such posses /
sion and working of the claims for
such period shall be sufficient to es-
ablish right to a patent thereto
lnder this chapter in the absence Of
my adverse claim. The court says
his is a remedial provision designed
o make proof of holding and working
or the prescribed period, the legal /
of proof of acts Of location, /
ecording and transfer, and thereby
o relieve against possible loss or de-
truction Of the usual means Of estab- /
ishing such acts. But this act and |
he rulings of the department of the I.
Inferior and decisions of the court
hereunder give no warrant for think |
ne that it disturbs or qualified i'm I
ortant provisions of the mineral land /.
avs, such as deal with the character /.
f the land that may he taken, the /
iscovery upon which a claim must /
g founded, the area that may be in /
luded i'm a single claim. the citizen
hip Of claimants, the amount that .
iust be expended in labor or i'm /
rovements to entitle the claimant to .
atent and the purchase price to be
aid before the patent can he issued,
s the rulings Of the department have
cen to the contrary says the court.
he court quotes decisions of the in
arior department thereon, and adds;
right to patent could be founded