Bisbee daily review., 1920-05-02

ue U. o. supreme COuTl, III dh opinion by Justice Van Devanter, in the case of Ralph Il. Cameron ct all, appellants, vs. the United States, on appeal from the U. s. circuit court of appeals for the 9th circuit, sustains the decision of the lower court which decided in favor of the government in the suit brought to enjoin Cameron and others from occupying, using for business purposes, asserting any right to or interfering with the pulp lie use of tract of land in Arizona approximately 1500 feet long and 600 feet wide which Cameron claimed as a lode mining claim, and to require Cameron and others to remove there from certain buildings, filth and ref use placed thereon in the course of it's use by them as a livery stable site and otherwise.
 The opinion is of interest to min CTS. in that the court upholds the right of the Interior Department to pass upon the validity of mining claims. The following information on the decision of the supreme court is given out by the American Mining Congress, local office.
 In the district court a decree was entered for the United States which was affirmed by the circuit court of appeals. The land in question is tract on the southern rim of the Nf ColN cent to the railroad terminal and ho- tel buildings used by visitors to the canyon and embraces the head of the trail from which visitors descend to and ascend from the bottom of the canyon. Formerly 1t was public land and open to acquisition under the public land laws. Since February 20, 1893, it has been within public for est reserve, and since January II, 1908, all but the minor part of it has been within a monument reserve.
 The inclusion of the tract in the forest reserve withdrew it from the operation of the, public land laws oth- CT than the mineral land law, the in clusion of the major part of it in the monument reserve withdrew that part from the operation of the miner al land law but there was saving" clause in respect to any valid" min ing claim heretofore acquired The, United States still has permanent ie- gal title to the tract of land as the full beneficial ownership, for the Cam f,afr plo iv,, fe. valid.
 Cameron and his associates insist that the monument reserve should be disregarded, on the ground that there was no authority for its creation. ITO this we cannot assent" says the court. "The act under which the president proceeded empowered him to establish reserves embracing ob- jects of historic and scientific inter est"
 The claim in question is known as the Cape Horn lode claim," says the court, "and was located by Cameron in 1902, after the creation of the for est reserve, and before the creation of the monument reserve. To make a claim valid, or to invest the locator with right to possession. it was es- sential that the land be mineral in character"
 Cameron applied to the land de- pertinent for the issuance to him of &f patent for the claim, but protest was interposed on the charge that the land was not mineral, that there had been no mineral discoveries. and that the claims were located and used for purposes not contemplated by the mineral land law.
 The secretary of the interior decid ed that Cameron had not disclosed any body of workable ore of 'commer- cial value; neither did it reveal in dications which would warrant belief that valuable deposits are to be found. The secretary rejected the Cameron applications for patent, and held that Cameron's right to continue possession or exploration of these claims was denied, and the land GOV cred thereby was declared part of the Grand Canyon national monu- ment.
 On the renewal application by Cam eron for patent. the secretary of the interior adhered to his former ruling Cameron asserted his right to the possession of the tract as if the lode claim were valid He and his asso- ciates continued aO occupy and use the ground for livery and other busi- ness purposes. and in that and other ways to obstruct it's use by the pub lie as a part of the reserve. As the government considered this tres pass. it brought suit for ejection. The courts below ruled that the decision of the secretary of tue interior should be conclusive as determining tIo non.minpraI character of the land