The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1923-06-07

attorney for George $. Auerbach, Of
Hartford, Conn, owner of what is
known as the Carbonate No. l group.
consisting of Is lode mining claims
situated on the North Side Applca-
ton for patent of these claims was
contested by the forest service, and
after "A hearing in this city the protest
was dismissed by the Occur d'Alene
land Office and the claims passed for
patent Upon protest from the forest
service the commissioner of the gem
eral land office modified the decision
of the local land Office, rejecting fou
of the 10 claims. Appeal to the sec
rotary of the interior from the deci-
sion of the commissioner with respect
to the four claims rejected was taken
by Mr. Towles on behalf of Mr.. Auer-
bach, and appeal was also taken on
behalf of the forest service by the SOL
icitor of the department of agricul-
ture against the acceptance of the nine
claims. Mr.. Auerbach was represented
before the department by Samuel Her
rick. an attorney residing in Washing
ton The decision just received is by
+. c. Finney, first assistant secretary
of the interior. and aflirms the deci-
sion of the commissioner. This case
was typical of the obstructive policy
of the forest service in dealing with
mining claims within the national for
ests. 1t was conceded that the Car
Donate group had no value whatever
for timber, that whatever value it had
was mineral, and il was evident that
the applicant regarded its mineral
value sufficient to justify the expendi-
ture of a large sum in developing the
ground and in acquiring title to it. In
this situation it is difficult to credit
the forest service with any proper
motive in making the contest. In his
decision the secretary of the interior
displays a liberal attitude in dealing
with the question of mineral discov-
cry which is in striking contrast with
the attitude of the forest service and
which is decidedly gratifying to the
mining industry. The decision fol-
lows:
Ground Of Protest.
"December II. 1920, protest of a for
est officer was made, charging: %
non mineral character of the lands in
cuded within the claims, 90 non dis
coVery OF vein OF lode OF rock in
place carrying valuable mineral de
posts upon any of them, and CD lack
of development work of the value of
$500 performed on the Carbonate No.
,. Cricket Grandpa, Goat Wallace,
Murray and Utahu claims.
after a hearing thereon, commence
ed December 20. 1921, the register and
1922, found that the charges had not
been sustained and recommended that
the proceedings be dismissed as to all
the 10 claims in question, but the
commissioner of the general land Of
fee, after reviewing the record, rem
dered a decision September %, 1922.
by which he modified the decision of
the register and receiver to the ex
tent of holding the entry for cancella-
ton as to the Cricket Elk, Lowland
and Utahu claims. for the reason that
there had been made no sufficient dis
covery, no discovery of a vein or lode
of rock in place carrying valuable
mineral deposits. upon the said four
claims and he sustained the protest
against the said four claims on that
ground. but dismissed the proceedings
against the other nine claims.
1.-THE entryman has filed an appeal
from the decision of the commissioner,
in his holding aforesaid as to the four
claims named, and the solicitor for
the department of agriculture has al
so appealed and assigns error on the
part of the commissioner in his hold
ing as to the other nine claims. No
exception appears to have been made
in the appeal of the solicitor for the
department of agriculture as to the
dismissal of the first and third charges
so that it becomes unnecessary to in
quire into those charges, and the one
question for present consideration is
as to whether adequate discoveries
were shown to have been made upon
the 10 claims in question.
Decision of Commissioner.
1.-THE claims form a compact group
and cover an area of 249.5S6 acres of
land. located on the slopes of Bear
Top mountain. In his decision the
commissioner said:
"'All surrounding lands are covered
with mining claims and particularly
to the northeast, east and southeast
there are mining properties from
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