The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-03-23

"HE register and receiver OF the
U. s. land office at Occur d'Alent
have just rendered a decision III
favor of Geo. 5. Auerbach, owner
of what is known as Carbonate No. l
group of mining claims, in a case
brought by the forest service contesting
the application for a patent. Contests of
this kind are not uncommon, for it
seems to be the fixed policy of the
forestry bureau to prevent if possible
the granting of title to mining claims
within the forest reserves. This state
ment is made advisedly and is based
upon observations in the Occur d'Alene
district. Positive proof of this policy
seems to have been brought out in the
case just decided. The mineral exam
iners sent out by the forest service to
report on the claims which Mr.. Auer-
bach was preparing to patent refused
to examine adjoining claims upon
which ore had been developed and from
which shipments had been made, al
though it was the contention of appli-
cant that these same mineral bearing
veins passed through his ground, a
contention that was supported by min
eral exposures in veins upon his own
ground and a map prepared by an en-
gineer showing their connection with
ore veins on adjoining ground. AL
though asked to inspect the adjoining
property the forestry engineers de-
clined to do so. This clearly indicated
their purpose was to restrict as far as
possible evidence tending to show min
eral value in the ground. Further evil
dence of the obstructive attitude of the
forestry service came out in the hear
ing when the examining engineers
while insisting that no valid mineral
discovery had been made, admitted
that the claims had no value unless it
was mineral In view of the action of
the examiners to investigate adjoining
ground that had direct bearing upon
the mineral value of the claims under
consideration, and their admission that
the claims seeking patent mad no value
whatever unless it was ,or mineral,
this case seems to clinch the conclu-
sion that it is the purpose of the for
estry bureau to prevent the granting
of patents to mining claims within the
forest reserves without regard to their
value for either mineral or timber.
The Hearing.
The forestry officials contested the
application for patent on the ground
that the thirteen claims were not min
eral in character and were without
valid mineral discovery, and that on
seven claims work to the value of $500 |
had not been done. The hearing was
held in this city last December before !
G. w. Walker, U. S. commissioner. |
Therrett Towles, attorney of this city, |
represented Mr.. Auerbach, who for
merly resided in Salt Lake City, but |
who now makes his home in Hartford, |
Conn. Witnesses for the applicant |
were c. F. o Merriam, of Wallace, and |
Fred w. Galloway, of Berkeley, Cal,
mining engineers; w. H. Herrick, of
Wallace, practical miner; H. c. Adanii,
assayer, of Wallace, and Charles Til
den, of Wallace, original locator of the
Bear Top. Black Horse and Monarch
claims. all of which either join or are in
the same mineral belt as the Auerbach
claims.
The forestry bureau was represented
by John NJ. Burns, assistant solicitor
for the agricultural department with
headquarters at Missoula- Witnesses
for the bureau were the following min
eral examiners: F. R. Ingalsbe, of Mis-
soula, now professor of geology in the
University of Montana; W. M. H.
Woodward, of Portland, and c. A. Nc
Elpoy, of Occur d'Alene; also Rowland
King, assayer of Spokane.
The Decision.
The officers of the land office, Frank
Langley register, and William Ashley,
receiver, rendered the decision on
March IS, which was a complete vic
tory for the mineral claimant In this
connection it may be stated that the
contest by the forestry bureau has at
this stage of the proceedings cost Mr..
Auerbach $500. to say nothing of the
loss of time and the additional cost
that will follow appeal by the forestry
bureau. The decision of the register
and receiver follows:
I'VE have carefully examined the ev
idence submitted. The land involved
is situated in the heart of the Occur
d'Alene mining district. The claims in
volved are located on the barren slopes
of what is locally known as Bear Top
mountain. 1t is admitted by all par
ties concerned that the land has no
value for any purpose unless it be for
mining. AS shown by the testimony
and by the map marked defendants
exhibit 3" which is with the record in
the case, it is shown that this noun