J
THE SUMPTER MINER
Wednesday, August 3, 194
NEW DECISION
FAVORS MINERS
By h 'Joolsinn in 11 contest hotwoon
mineral mid agricultural :Iu I mn n t h in
Montana, will oh Iiiih boon affirmed
by tho General Land office al Wash
ington, Mil Important modification
imh been inndi) in I ho ro(iilromontH
which a mineral land claimant Ih
obliged to moot in order to prevail.
Tim decision Ih one of tho iiiohI itn
portaut rendered hy thu laud office
for fsouin timn, and tho piiHition
taken hy tho oIIIuIiiIh ih hound to give
HatiHfaotion to mining men.
Heretofore, tho rulo Iiiih boon
that whore a controversy oxiHtcd
between porsoiiH in reference to n
pi mm of laud, ono claiming it iindur h
nn argioultural untry and thu other
iindur a mining locution, thu mining
oinl tiiitnt ill order pruvail wiih re
(iiiirod to hIiow that tho land
prodtiund " mineral in paying
(liiantltiiiH as a present fact. " TIiiih
it wiih mado necessary for a mineral
(ilaiiiiiint to piiHHiiHH a paying mine in
ordor to uhIiiIiIIsIi IiIh right.
I(y Mm now ruin tho mining man
Ih glvnn mom Innwuy. Instead of
making it absolutely necessary to
have a paying mlnn, tho mineral
contestant nun prevail whore n hIiow
iug Ih uiadn that mineral iiotiially
oxIhIh in Hiilllclunt (piantity and
valuu to jiiHlify a reasonable and
competent porsun in expending timo
and inoniiy in exploring and dovol
oping it, and where tho prospector in
Mutually working thn ground and
Nhowiug IiIh ooiilllonoo in it hy ex
pending IiIh time and money in do
volnpmuut work.
Thn dnniHioii wiih rniidnmd Hnvnral
mouths Hgo hy thn llnlnmi otllnn, thn
(mmiiiiHHioiinr'H Inttnr atllruiiiig it
jnwt hniiiK, reonlvod. Thn ruin wiiH
AHliihliHluMl ill thn content oiiho of
thn Nohlu (iold MIiiuh Company,
Limited HgaliiHt .loliii F. Smith,
involving two milling claim? of thn
comnauy. Hituatnd within thn limits
of thu hotuuHtuad untry of Smith, and
which wmh duoldnd in favor ot thu
contestant.
'Many of our huHt paying iiiIiiuh, "
HiiyH thu iIooihIoii, "at muuo pnriod
of thuir uxiHtuiuiu would not havu
hnnii ahiu to wltliHtaiid a content hy
hii arginultural claimant, uudur a
strict (instruction or thn old nilu.
It Iikh Mlwayn limtii thn policy of
thn govuriimnut to uiuiouingu thu
pronpnctor to invent Iguto thn miunral
character til' thn laud, and dnvnlop
thn miuntiil vhIiioh contained thoruiu,
Mini, iih shown hy thn nun miueiel
iilllilavit ru(iiiioil in all agricultural
ntrlH, thu intunt Ih that no posHlhln
miuoial laud hIiiiII hu uciiuruil hy an
agricultural untry.
'Uudur thnnu conditions we do nut
huliuvn that thn above minis nppli
cable whom a showing Ih madn that
miunral exihts In sultlciuut iuuutity,
and or Hulllnlnut vulun, tn justify n
leiMonithly competent ami experienced
pniHiiu to expend timn and monny, in
u.xpluiiiig and dnvnloplng thn same,'
tuid 'wluiin thn prospector Ih aiMitally
working (hu gtouiul and showing IiIh
uoulliluiiun in thn vulun or thn prop
urty tor mining purposes an well an
hin good faith in thn mattnr, Ity ox
pmidlug IiIh timn and money in such
iixploration ami dnvulopmuul woik.'
It nun hu aid to hu thu invaii
able ruin in Mnntanu (which wo hu
iluvn in thu hhiiiu in othur mining
district, ) from Mutual demount
tioiiH mitdu, timt thu paying mines
worn, at thn timn of thuir locatiou,
mero prospects, oud did not show
actual demonstrated values, hut
only such a value as justified furthor
exploration and dovelopmont, and
that such valuo was, in some in
stances, only shown and demon
Mlmtnrl hv iliiim nxnloratioii aud de
velopment and tho oxpondituro of a
large sum of money. And, under
those circuniHtances, it would havo
followed, as a natural consequence),
that they could not havo neon sus
tained as 'producing mineral in
paying quantities iih a present fact
at tho timo of thuir location or for a
considerahlo period thereafter, if it
had become necessary to establish
their miunral character in on
form Ity with the rule as against an
agricultural claimant. "
In alllrming tho decision tho
commissioner Hiild: "It Ih not
necessary that it ho shown that tho
mine at tho dale of the hearing wiih h
paying one: for tho reasons above
statin! your decision iHaillrmed."
BLAKt-MTALL CO. VS.
THE WHITt SWAN MINES
In the circuit court yesterday, in
tlio ciirio of tho Blako-MeFall com
pany vh. the White Swan Minos
Company, limited, a motion was
entered to vacate thu judgment pre
viously entered in thn sum of 8U,000
on the assigned claim of Fmniott
Callahan aud iiHking that thu do
j,otidaut In) permitted to 111 its
atiHwur lo that portion of the plain
UII'h complaint aud make a dufoiiHu
thereto. Tho motion wan made hy
C. A. iIiiIiiin, attorney tor the de
fendant. In support of the motion C. II.
Stullur, Huorutary tif thu White Swan
Mines company, filed a voliuuinoiiH
affidavit Htatiug that there wiih collu
sion between llalliett, Hill and
Callahan, olllcerH aud directors of
Haiti company, to defraud tho steak
holders; that the books of said com
pany do not show that it at any timn
owed nr wiih ruHpoiiHihlu for thn claim
of 82,000 to Callahan for sorvicuH aud
that no contract, uxpromuid or im
plied, wiih ever made by the defend
ant with Htiid Callahan; that the
Htockholders of tho company wuio
Ignorant of thn action brought and
judgment ruudured, although tho
alllaut, Stullur, notillud llalliott, thu
proHidnnt; that at thu Htockholdors'
meeting in San Francisco, .luiio 7,
HUM, ii largo majority of the atock
wiih represented anil it was uuiini
moiisly agreed that asid claim wiih
unjust; that the company has a
comnlele defense against said claim
of 82,000; that it appears from tho
recordH of the company and from the
books ami records of Letsou Hull let t
now in possession of alllaut, that thn
hti.ckholilurs who were present and
inpu'MMiteil at Hit' Miiuuiil meeting
on the 7th day uf June, 11)01, have
paid into thn tieasuiy uf the corn
puny defendant nearly $1100.000;
That all ot the assets ot the company
cousbt of its iutorcht in what is
known an the While Swan Mines in
Hakur county, Oregon, upon which
the said judgment is a lien.
Accompany lug the motion aud
atlldavit above recited, the White
Swan company, limited, tiled its
answer in the above untitled cause
denying that it is now or ever wan
indebted to the plaiutiir in the sum
of 82,000 or any other sum or
amount upon an assignment of a
claim aud indebted uuxs for work or
services rendered by hmmott Calla
han for said defendant. Denies that
there tfi now or ever wbb duo or owing
or wholly unpaid to tho plaintiff
from defendant upon the foregoing
or any agroemeut or contract the
sum of 82,000. Denies that on or
about Jauuary 8, 1904, or ever, so
far as known to the defendant, said
Callahan or any ouo for voluo or
othorwiso Hold or assigned or trans
ferred all or any of his right, title or
interest or claim in and to tho said
sum of 82.000 or any sum or amount
to tho plaiutifF.
Prays that plaintiff may havo
judgment for tho amount prayed for
in his first causo of action only and
that as to tho second causo of notion
(tho Callahan claim) the defendant
may havo judgment for its costs and
disbursements of this action.
The oponing up of this case may
roBiilt in tho reduction of tho amount
of lions against tho White Swan
Minos company. Democrat.
MANAGtR BELLMAN
BACK FROM ALASKA
Manager Hollmau, of tho Turnagaiti
Arm oompanynwning placor ground
in Alaska aud tho Califrouia mine
horo, rot timed today from tho
northern diggings, whore ho has boon
for some weekH past looking aftor tho
company's interests thero.
lie says that tho washing season
will be very Bhort in Alaska thin
year, as ovon spring had not even
tuated when he loft ton days ago,
hiiow remaining on tho grouud far
down the coiiHt range. His company
had begun hydraulic work hotoro he
left, and tho pronpocttt aro good for
a big cleanup.
Ah to tho intentions of tho com
pany regarding tho California for
thn immodiato future, Mr. nollniaii.
immodiatoly aftor his arrival, stated
that ho know nothing, bb ho had not
hoard a word from headquarters at
Minneapolis on tho subject since ho
loft thoro tho first of Juno.
MAGNOLIA MINE
AGAIN UNDER BOND
Grant Thornburg drove out to
Sumpter yesterday, whoro ho mot his
partuurs in tho ownership of tho
Magnolia, and pnpors wore signed
urimtini' a bond and lease on tho
proporty to W. .7. Elmondorf. The
terms of thn bond aro not givou,
though they are very satisfactory to
the owners.
Mr. Klmondnrf made an examina
tion of thu mine a few weeks ago.
That the results of that examination
were satifactory to him is evidenced
by the fact he is back to securo the
property.
One of the provisions of the bond
piovide, that work shall be started in
thirty days aud shall In continuous
during the life of tho eontiaot.
The Magnolia Is one of tho best
known mines In eastern Oregon and
mining men generally will bo pleased
to see It reopened. Tho oponing of
the Magnolia will mean much to
Granite, as It is but four miles from
here aud natuially trluiitiuy to this
place.- -Granite Gom.
Exam'niihj Different Districts.
F. D. Fuller, gouoral manager of
the Sumpter smelter, and J no. G.
Kirchen, the smeltor assayor, started
this morning for tho Greeuboru
countiy, after spending Wednesday
and Thursday examining tho many
properties of tho Granite Crook dis
trict. Thoy ore making a canvass of
tho miulug camps of eastern Oregon.
Before returning to Sumpter they will'
visit all tho prominent mines aud
prospects in tho Alamo, Uroonhoru,
Susonvillo, Quartzburg and Prairio
City districts. Mr. Fuller oxnrnssoa
himsolf as being greatly pleased aud
surprised at tho amount of high grade
shipping oro that can bo obtaiued in
his district for tho smelter. (Jrouito
Gem. WORK AT BUGKHORN
AND BLUE BIRD
Hou. George J. Barrett, of
Granite, is iu town today looking
after some important miuing mattorB.
Mr. Barrett is superintendent of both
tho Ulna Bird and Buckhorn, op
erated by Wheeler & Company, of
Now York, aud is aho iutorestod in
tho properties.
He is pushing dovolopmont work
on ouch. The Bluo Bird mill is to
bo finished ot an eaily day. Mill
wright Potior, of Baker City, who
has charge of tho mill construction,
will bo thoro iu a day or so to com
plete sotting tho machinery. Aa pro
viously stated, plans for a mill on
tho Buckhorn oro undor advisemout,
aud it is altogether likely that a
plant will bo installed on tho prop
erty this fall.
Mr. Barrett took over tho Wolvor
iuo group not long ago, as was also
mentionod, and ho has a force of men
at work thoro doiu'j dovolopmont.
LEDGE ENCOUNTERED
AT NINE STRIKE
Word comes from the Niuo Strike, .
owned by Joe Mikel, W. II. Gleasou
and othorsr In the Cracker Creek
district, that the ledge has boon en
countered aud there ia an unusually
good showing.
In addition to tho main credent,
which is iu now over 300 foet
another tunnel has been started some
(500 or 700 feet further down the.
mountain. The propetry is located
on the Crackor Creok mother lode,
about 1,000 foot from tho North
Pole.
VALLEY QUEEN ORDER
FOR H0IS1 PLACED
Tom C. Gray, superintendent of
the Valloy Queuti, came down from
the property last night, au route to
Spokane, to make ariongemonts for
the hoisting plant which is soon to
he erected on tho piopeity. Mr.
Gray will confer with machinery
people and it is probable that the
order will be placed at once.
While the Valloy Queen had its
doposits in tho Bank of Sumpter, aud
will probably bo loser ou account of
tho failure to an exetut unknown,
tho fact will not affect tho dovelop
mont of tho property in any degreo.
It will go on just thu samo as ever.
Mr. Gray says that Colonel
Llvermoro aud party aro atil.l flshiug
iu Lake Buldy, that they havo char
tored the dory, Valley Queen, aud
aro meetiug with unprecedented
success.