lllIMIIMmWiilH
THE SUMPTER MINER
Wednesday, February 24, 1904
IMPERIAL TO BUILD
A REDUCTION PLANT
Start Work Just as Soon as Law
Suits Now Pending Are
Settled.
Captain A. M. Paul, manager of
the Imperial Id the Cable Cove dis
trict, returned yesterday from a two
weeks' vialt to Salt Lake City. The
Imperial oompany In making arrange
menta tn install a reduction plant
as aoon aa pond lug lltlgatlou In the
federal court at Portland la settled.
Tfali property has been held up for
Home time, by claim Jumpers, but
Captain Paul Wya he will ontortaln
no sort of a compromise proposition
but will flght the case to a finish.
The Jumpers who figure In tho present
litigation are Chnrloy Hall and T. J.
Uurben.
"Wo have a stroug case," says
Captain Paul, "and we propose to
show these jumpers Just where they
stand. They are a detriment to any
mining community."
Regarding the new mill he aaya:
"Our present plans are to put in
a small plant, say one of about thirty
tons daily capacity, and add to It
according to the needs of the prop
erty as development work is carried
further forward. We have a sufficient
amount of oru In sight to keep such
a plant runnlnu for two years. It is
not my policy to build an expensive
mill to begin with, but rather expend
the money on development work, and
enlarge the mill, as this seems to
warraut. Just as soon as the pend
ing litigation Is settled we will start
the construction of a mill on the
lines I have mentioned."
state or territory by a resident there
of for agricultural, mining, manu
facturing or domestic purposes, under
rules and regulations made and pre
scribed by the Secretary of the In
terior, and has not been transported
out of same.' By a oircular of March
17, 1898, the Commissioner of the
General Land Office and the Secre
tary of the Interior have construed
this law as applying to non mineral
lands. Pacific Miner.
the Bunker Hill & Sullivan company,
and the owners of the Morning, the
Gold Hunter, the Ileola and the
Frslco mlues. Spokesmnn-Keview.
FARMERS SUE FOR
HALF A MILLION
AN INDUCEMENT
TO COMMIT FRAUD
Williamson's Amendment to
Mining laws Will Vastly
Oenefit Operators.
Juuatbau llourne, a prominent
mlulug operator of Portland, and
who has miuiiig iuferests In other
atatea as well, made the following
tdatomeut to Thn Miner iu regard to
tho advantages' which the William
noil amendment to natiouul mlulug
laws will .bring, and the diltlculty
under which many mining men of the
Pauillu coast, and thu entire United
StatoK as well, have labored under
tho present act :
"One of tho most serious questlous
tho lulling men have had to enntoud
with," said Mr. llourne, "has boeu
In procuring timber, which la anso
lutely new-wary for the operation of
tho mines, both aa fuel for tho mills
Hud for coMtruotlou purposes. The
privilege lus boeu enjoyed by the
oltzeua of all states except Oregon,
Washington and California, and In
my opinion it is ouly a questluu of
equity that the cltlzeus of these,
which rank among the richest state
lu minora! wealth, be allowed
the same advantages. There Is nu
other law lu existence at pres
cut by which tho mlulug operator of
these states cau procure timber from
the public mineral lauds, hence the
net of 18'' 8 Is au iuvitatlou to fraud.
"Tho 'act, wheu approved by con
Kress, was probably luteuded to
apply to all mineral districts in the
United States; but the courts have
decided that It applies only aa
named. At the time the act was
passed there had been no mineral
discoveries to speak of In Oregon and
Washington. This may have been
the reason they were omitted from
the privileges granted by the act, but
this cannot be used as a reason for
the omlsson of Callforna.
"In regard to that part of the aot
which restricts felling of timber on
mining lands to bona fide teaidenta
of the states and territories men
tloned lu the act, it seems to be the
luteutlon of the United States gov
ernment to foster mining develop
ment, hence It seeems that It would
he Immaterial whether the mine
owner be a resident of that state or
not.
"Under the terms of the act Itself,
It would appear that this is not a
very material questlou that the
timber could be out by a citizen of
the state and sold for use iu the
state by thnso operating mines there
in. But such is. not tho coustruction
given the act by tho Commissioner of
tho Geuoral Laud Office aud Secre
tary of the Interior. By tho rules
and regulations of the department
(circular of August 0, 1880, section
3), It is proscribed that 'uo person,
llrm or corporation felling or remov
ing timber under this act shall sell or
dispose of the same or the lumber
manufactured therefrom to auy other
than cltlzeus aud bona tide residents
of the state aud territory where such
timbor is out.'
"Au ameudmeut to a later act
stipulates that 'In auycrlmiual prose
cution or civil aotiou by the Uuited
Sta'ea for a trespass ou timber lauds'
of curtain states aud territories (by
act of March 3, 11)01, the proviaous
of this act were extended to Oregou,
Washlugtou aud Callforna), 'or to
recover timber or lumber cut there
ou, it snail be a defense If tl le
feudaut shall show that the said
timber was so cut or removed from
the timber lauds for use iu such
Claim Coeur d'Alene Mines
Have Ruined farms.
DRILLED IN10 SHOOT
AT THE LAST CHANCE.
Manager LI Hey, of the Baby
McKee company, operating the Last
Chance, came In Saturday. When
he left, he aaya, his men bad just
drilled Into an ore shoot on tha'100
foot level.
The round had not been shot,
however, before he came away, and
therefore he knows nothing of the
extent or value of the body. Mr.
Lilley la crowding things right along ,
at the Last Chance.
Damagea for 1516,500 will be de
manded by twenty-one farmers of
Shoshone county, Idaho, from the
owners of several large mines in the
Coeur d'Alenes In suits which will
be filed In the federal court at Mos
cow, Idaho, sometime ' thla week.
The farmers, all of whom have as
signed their claims to Elmer Doty,
claim that by reason of dumping
debris In the south fork of the Coeur
d'Alone river their farms have been
Irretrievably damaged. W. T. Stoll,
of Spokane, and Judge Edwin McBee,
of Rathdrum, are attorneys for the
farmers.
It la contended by the farmers that
In former years when the Coeur
d'Alene river overflowed Ita banks, It
left a sediment that was beneficial to
the overflowed land. It la claimed
now, however, that about 3,000 tona
a day of debrla la being thrown into
the south fork, and that the channel
Is' being. rapidly filled up. T- Whereas,
It la claimed, the river used to over
flow once a year, now, In the filled
oondltion of the channel, the slight
est freshet causes it to overflow.
It Is claimed that after the water,
which mlxe with lead in the process
of concentration, flows back Into the
river, It renders the water absolutely
poisonous, so that when the land is
overflowed it leaves a aediment,
which destroys vegetation and rulna
the soil. It la also claimed that for
stock to drink the water of the river
mesne certain death. The valley of
the Coeur d'Alene, It la pointed out,
used to be a fine hay country. Now,
it Is alleged, its productiveness has
been destroyed.
Tho defendants In the suit will be
the Empire State-Idaho company, the
Federal Mlnlug & Smelting compauy,
BIDS .CALLED FOR.
Bumpier, Ore., Feb. 21, 1904.
Sealed proposals will be received
by the recorder of the city of Sump
ter until 8 o'olock p. m. April 1,
1004, for the furnishing of, all ma
terial for and the construction of a
sewerage system in the city of Sump
ter, Oregon, in, accordance" with the
plans, and specifications on file In the
recorder's office. The total estimated
cost of the system is placed by the
city engineer at $15,000.
A certified check for the amount
of 2 per cent of the bid, made ', pay
able to the city treasurer, must ao
company all bids aa evidence of tho
good faltb of the bidder.
The council reserves the right to
reject any and all bids.
S. 8. START, City Recorder.
ADMINISTRATOR'S NOTICE.
Notice la hereby given that the
undersigned has been duly apponited
by the County Conrt of the State of'
Oregon, for the County of Baker,
administrator of the estate of Samuel
I. Jones, deceased. All persons hav
ing claim against said estate are
hereby required to present the same
to me, properly verified, aa by law
required, at the office of Chas. H.
Chance, attorney-at-law, First Na
tional bank building, Sumpter, Baker
County, Oregon, within aix montba
from the date hereof.
Dated thla 24 tb day of February,
1004. ALVIN P. JONES,
Administrator of the Estate of
Samuel I. Jones, deceased.
FOR RENT To man and wife of
two ladies, 'two nicely furnished
rooms in prlvato home; .use of
Kitchen If desired. Inquire ' or
JESSE HOBSON.
WORTH READING
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i i.imSiiiiiw