, 1921-10-06
JUDGES

'''N 'A'N 'At' 'tA ~ ~
was located as the Soldier Placer
Oil Claim No. |" and that tho per
sons making such location proceeded
at once to haTc work done and per
formed upon the location for the pur-
pose of discovering and developing
mineral therein. 1t further alleges
that petroleum mineral oil was dis
covered by the lOCatOrS and thai they
proceeded in the diligent prosecution
of the work. leading to the d~iscovtry
of oil in commercial quantities. and
that from the Bird day of August.
1917. up to and including the day of
filing its answer. the lOcatOrS. their
successors and assigns. we're bona
fide occupants and claimants of the
land and entitled to possession by
reason of full compliance with the
local laws. the laws of the United
States and the State of Wyoming. and
by actual possession thereof as a
mineral oil placer mining claim: that
during each year from the 10Th dav
of May. 1916. up to he present thu"
'Ocators. their successors and assigns
have performed more than one nun
lrod dollars worth of work each year
upon the claim: that three deep wells
have been suns on the claim and
hat large sums Of money have other
wise been expended upon and for the
development Of the claim.
There is no controversy about the
validity of the transfers by lease.
deed. or otherwise. thus leaving the
only Question for the court to decide
upon this hearing. whether and valid
rights existed at the date of the per
nit upon which the plaintifr bases
his bill.
As suggested by counsel for do
PENDANT at the argument. the plain
tiff. to maintain his suit. must prove
that the mineral deposits in the land
covered by his permit belonged to
the United States at the date of the
hermit. In other words. the burden
is upon him to show that the permit
was not included in a valid mineral
location.
After a thoughtful consideration
of the evidence and "A careful Exam
nation of the authorities. the court
has reached the conclusion that there
were valid rights to the land descr~|-
ed in the bill. existing at the date of
the permit in favor of the defendant
and that those rights were not affect
ed and could not he affected by the
permit.
The restraining order heretofore
issued in this case will he set aside,
and the motion for a temporary in
junction on behalf of the complain
mt will be and is hereby denied.
Order
This matter having come on to be
heard upon the LIST day of August.
1921, upon a Bill of Complaint here
in filed by the Plaintiff and upon the
oral motion Of the p%laintiff for a tenn
pOrary restraining order at that tim"
against the defendant allowing thu
plaintiff to erect a Standard drilling
rig upon the Southeast quarter of
section 3. township 90. North. rang"
90 west of the 9Th p. NJ. and to drill
to a depth of not exceeding so feet
and the said temporary restraining
order having further provided that
the plaintiff. his agents. servants, EN-
ployees and assigns he enioined from
interfering with the drilling upon tn
land above described other than tn
construction Of said rig and the drill
r ing to a depth of so feet. and the CT
der having further provided that tn
application of the plaintiff for a TEN
porary injunction b" set down 70
hearing on the lst day of September
- =, "hu
The motion Of the plaintiff for {
temporary restraining order in the
above entitled case having come or
to he heard upon the 1st day Of Sep
TENDER. 1921, e. l.. RigdOn and Hill
lard S. Ridglev appearing on behalf
of the plaintiff and George E. Brim,
mer and A. G.. Campbell appearing
on behalf of the defendants, and
counsel for the respective parties
having announced themselves as
ready for a hearing and presentation
of evidence and all witnesses pre-
sented by both parties having beer
then examined both on behalf of the
plaintiff and on behalf of the defend
ants from day to day until Septem-
her Bird. 1921. and said motion hav-
ing been argued before the court by
the respective counsel on September
9th folio wing.
WhereupOn tie matter was taken
under advisement by the court. and
the court having now considered all
the evidence and the arguments of
counsel and being fully advised in
the matter Of the law and evil
dence;
DOTH FIND. thai on February 1i,
the date o fthe issuance of the per-
nit to c. H. Anderson. plaintiff here
in. covering the southeast quarter of
section 3, township 90, north. Range
30 west OF the 9th p. m. under the
provisions OF section 10 of the Act
of Congress of February %. 1920.
that The defendant. The BAR Oil Co.
was the lawful holder of the said
land and entitled to the possession
thereof subject to the paramount tit
lie OF the United States, under and by
virtue OF the mining laws Of the Uni
ted States. having acquired such
rights prior to February IS, 1920.
WHEREFORE. 1T is. ORDERED
that the temporary restraining order
heretofore issued in this case under
date OF August 1. 1921. and the same
l., L1.l~, ont 4riIa and fhof tho mo-