THE SUMPTER MINER Wednesday, October 26 1904 The Sumpter Miner IMJHUSHUI) BVKPV WHDNESDAV HV J. W. CONNEI.I.A Lntered at the poitofflce In Sumpter. Oregon, fur lran.mllun through the malls at second clan matter SUHSOkll'TION MATPS One Yr.ir ..... $2.00 Six Month ,. ,, t.75 ALWAVS IN ADVANCE, Accotding Id a prims dispatch from Kmii I'ViiiiuIhuc) TIioiiihh W. Lawaon, of Huston, ownnr of vast mining prop ortlo in Shasla county, Ih tlio sub juut nl 1111 open letter written by onu of IiIh associates mid follow tiiinu ownurH, C J), (ialvln, formurly of ShiiHtu county, hut now of HoHtou. Oalvin, in tint alleged exposure, 1IC0UH0H LhWHOII Of IJI lltJ 1 fllllHt loU Of tho Trinity Copper company's atnok iiy methods exactly Himiliir to tlios.) for which Liiwhoii Ih denouncing the Standard Oil magnates in tho series of nrticloa publishing untlor tho tillo of "Frenzied Finance." Now acmes 0110 Anthony Mohr unci threatens to secede with tho Hiunptur branch of tho Htuto MinorH' asHuoia lion. And hooaiiHo of tho Portland hog I It would huuiii (hut Mr. Mohr Hlinuld mho tliMt tho puth of Sumpter Ih iioiio too bright with tho rayH of fortune mid thul it (Ioiih not now need to ho further secluded. How uiiiuh can Mr. Mohr mid IiIh branch hurt Portland? How much can Portland help tho branch mid Its flnltl? Tho iiiiHwer to these two quo-itl'mis Hhould loud Mr. Mohr from tho shadow of tho sulks. (Irant (Jotinty Nowh. Thn itliovo mid h long ooluinii morn of tho hiiiiio kind wiih called forth hy a tdory published in Tho Minor, in whinh Anthony Molir wiih quoted iih expressing tho opinion that eastern Oregon in playliiK tho "sucker, " in playing second llddlo to tho I'ortluiid Mining association. Tho News, howovor, has formed an entirely orronooiiH conception of tho gentleman's iiiotivo. Ho had no Idoa of trying to injnrti Portland; ho wiih not "knocking." To tho News' query uf "how miioh can I'ort IhiiiI holp tho branch and i Ih Mold If" Tim Miner answers that no ; one kniws how much It can or could help thin dhtriot, but that it has never helped it In the remotest manner, Ih a huio thing. That tt never will in equally a certainty, if one judge thn future by the past. The purpose of Portland operators iu organizing the bianch associations with to get their oudnrHomoiit for the o-Jtiihllsliiiiout theie of the govern meut ahiiiy oltlce, which by right be Jongs to oiiHtoru Oregon, The iiu pudeiice of the scheme was irritat i ugly olteusive. In compiling a "llihllngraphy and Index ol North American (loology, Paleontology, Petrology, and Min era logy for tint Vear KHKl," Fret! Houghton WeekH, of the United States (ieologicui Survey, has done a work that will be of great value to the student who desires to keep pace with the progiesH o( science. It will nerve him as a guide to the latest knowledge of the subjects which it covers. The bibliography consists of full titles of separate papers, arranged alphabetically by author's names, an abbreviated inference to the publlca tiou iu which the paper is printed, and a brief description of thu con tents. Each paper is numbered for index reference. The indox Ib preceded by a classi fied key, in which aio shown the subject headings, their Bubdlvlaioua and arrangement. Reference la made in each entry by author's uamo and number of article in the bibliography. Thin ia the latest of a Her lea of annual biblioj raphioa prepared aololy from publicatioiiB received by the library of tho United States Geo logical Survey. On Jauuary 1, IDOH, Mr. WeekH wiih placed iu charge of the Survey library and began to make an effort to procure tho publications which were not uoticed in tho bibliographies of previous years. Mnnv of theso aro noted iu the eruoront bibliography, which ia listen among tho Survey's publica tions iih Hullotiu No. 210. John M Nicklea assisted Mr. Weeks iu the compilation uf tho work. It is published for giutuitous distribution, and may be obtained on applying to the Director of the United States Geological Survey, Washington, D.C. It Ih reported that .Japan has at this time diHCoveied a new gold Held, estimated to contain gfiOO. 000,000 gold, which can bo recovered at tho rate of $5,000,000 yearly. The Jap anese section iu tho Palace of Minos and Metalurgy at the Louisiana Purchase exposition is a sufllcieut argument as to tho skill of theae artisans of the Occident iu mining and metallurgy, and if profitable Melds of gold have been discovered on the Japanese inlands, the Japanese thomoslovH can be depended upon to develop and exploit them fully and according to the best modern practice. Such a discovery may be of great moment to Japan, but it haidly olfers much for an outsider, either iu the way of furnishing machinery, or capital, or acquliiug an interest by location or uurohaso. A suit designed to work the forfeiture of the charters of 12,000 corporations, located in every stain iu tho Union, Iiiih been brought iu the circuit court of Charleston, WohI Virginia, by tho attorney general of that Htate. It was instituted hooatiHo of the alleged falluie by tho cor poratious to make reports and appoint statutory attorneys, as required by law. A itoim of protests Iiiih arisen and protest! of the alfected corpora lions Iu other states are being daily ,ml i tno attorney genral's otllco. 10. K. Kody, assistant district at toruey, who has charge of the suits, declares he will prosecute the cor porations. There is only one way in which thobo corporations can now save thorns! vos, according to the iihsistaut attorney general, and that Is by paying a largo fee for settle ment. The general trend of opinion, however, Ih not to settle. The at torney general has granted the cor poratious until the next term of court to save themselves. Should he obtain judgment on that date the law is plain that a forfeituie of charter will take place. The Hod Hoy was incorporated uudei the laws of Wmt Virginia, but since the reorgauiatiou the new company got its charter from New Jersey. It looks as if the former state were working a scheme to "shake down" outside companies. There are several West Virginia cor porations that own Oregon mines. Captain Kompf, of the Smauville district, roasts uregon and "ex prets" through the Grant Couuty News because he can't sell a proao pect, that he admits himself to be a world beater. Some time ago tho Captain had much to say about hj sylvanite Mud that proved to bo antimony. ME4NING OF THE WORD "MINERAL At times serious disputes arise between the adverse claimauta of a mining location aa to the auflloieucy of the discovery. Aa to the character of rock iu a discovery the statutes are silent, tho only requirement being "mineral bearing rock In place." Tho mineral bearing rock need not uecessarily be a vein or a deposit of dellnite ahape, size or form, but must be mineral bearing. Nut infrequently valuable mineral gold or silver, or copper, lead or zinc sulphide may occur in payablo quantity iu ono portion of a rook, when auother portion of the same maf-s, a short distance away, may be commercially worthless or actually destitute of metallic minorala, or their sulphides, or of the secondary products of their oxidation. The words of tho atatuto are, "volns or lodes of quartz or other rook in place." What constitutes a lodo ia a somewhat indefinite prop osition, but it ia aa often determined by commercial aa by goological considerations. Hy "In placo" ia meant iu its original position and not in detached pieces in tho alluvial, or in a tock alido on the side of the mountain. Payable mineral ia not couliuod iu Ita occurrence to quartz. It ia ofteu found iu limestone, iu ahale, sand stone and various eruptive and intrusive and motamorphiu rocks. Not infrequently the mineral bearing rock or oro is slmiilar iu appoarauce to the barren rock which surrounds it, and the rock only ceases to bo considered ore wheu it no longer pays for ita extraction and treatment. It ia for tills reason that the phrase "or other rock in place" win introduced Into the statute. There ia nothing ambiguous in tho ex pression "rock iu place." Every class of claims that may be classed as a vein, or lode, may be patouted under the laws as a vein or lode of rock in place. This class of mineral lauds contemplates all of those where iu the mineral is contained in volns, whether fissure or gash veins, or auy of tho several other forma of mineral dlspostition. Miners not infre quently claim that a newly dis covered vein is not "in place," but lias supped down mo iiioumaiu or Hi 1 Initio from some other claim. This Is rarely the case, and usually there would be no ditllculty for a geologist to piove to the satisfaction of the most skeptical that nothing of thu sort had ever occurred. The word "miuuial" iih applied to veins iu the statutes has a somowhat diifereut significance than wheu used otherwise for all rocks, whether metal bearing or not, are recognized as being composed of one or more minerals. Minerals, iu tho mining statutes, has a more reatriuted meaning, and ia understood to imply an ore or mineral substance having a commercial value. A gold bsariug rock ia properly mineral, and grauite has been determined by the courts to be mineral. A valid "discovery" of mineral belug rock in place" may be made and a claim takeu wherever mineral cau be found on tho unoccupied lands of the Uuited States, and the courts havo never insisted that mineral must be fouud having a commercial value, Hi either quality or quantity. This is left to the judgemout of the locator, who la presumed to know whether or not tho "prospect" Is sufficiently good to locate and develop under the requirements of the law. A statute that required payable ore in tight before a valid location could be made would make many mining locations impossible. Judge Hawley, in the case of Urook vs. Justice M. Co., 58 Fed., 10G, 124, said: "Logically carried out, it would prohibit a miner from making any valid location until he had fully demonstrated that the vein or lodo, of quartz, or other rook in place, bearing gold or silver, which ho bad discovered, would pay all the exneuaes of removing, crush ing and reducing tho or and leave a profit to the owuer. If this view should be sustained, it would lead to absurd, injurious and unjust re sults." Mining aud Scientific Press. Work at the Oregon King. T. S. Konnorly came up from Baker City this morning, drove out to tho Oregon King mine, on Silver creek, and returned in time to take the afternoon train to the couuty aoat. "We are getting out timbora aud cordwood and erecting build ings for all winter's work at the Oroaon King." ho said ton Miner uiau. "Tho 200-foot tunnel, drlvou by a former mauagomout, out a vein of good or, which 1 will shortly sort aud ship to Sumpter's smelter." Resume Work at Golden Wizard. J. M. McPhee loft this afternoon for Michigan, on tolographlc in structions from tho heavy stock holders in tho Golden Wizard. It ia supposed that the warring factions have finally gotten together and work will be ro9iirued on tho property at an early day. Mr. McPhee says he will stay thore two days and then hurry home, oxpecting to be back in two woeka at the outside, aud then push the tiling along. The tiro in Haisloy-Elkbnru the shaft of the mine, reported in Friday 'h Miner, originated from a clogged pipe leading from the hoist ing plant to the sixty foot level. Manager Ed W. Fields, iu attempting to quonoh the tlamoa, was temporarily overcome The mine is again in operation. W. C. Drowloy, the Haker City lawyor, who ia secretary of the Uaker City-Oregon Woudor Electric Rail way aud Improvement compauy, popularly known as the Honta road, came up from Hakor City on legal buisuess this morning. Ho says that Major Houta ia still in Now York, financing the road Fiup priuting ot the Miner office. TIMER IANI, ACT JUNECS. 1171. -NOTICE FOR PUIUCATI0N. United Sntes Land Office, ( La Grande, Oregon, Oct. 37, 1904. Notice Is hereby given th.it In compliance with the provision, of the act of congress of June j, I878, en titled "An act tor the sale ot timber lands In the state 01 California, Oregon, Nevada and Washington Ter ritory," as extended to all the Public Land States by by act ot August 4, IB., RUINHOLD SCHL'llibR. ot Sumpter, county of Baker, stale of Oregon, has this day tiled In this office his sworn statement No. ji4, for the purchase ot the N4 N Wtf NKK. of Section No. 12. in Township No. 10 b. range No. jt EWM, and will offer proof to show that the land sought Is more valuable for Its timber or stone than for agricultural purposes, and to estab lish his claim to said land before Charles H. Chance, U. S, Commissioner, at hit office at Sumpter. Oregon, on Monday, the oth day ot Jan uary, 1 go He names as witnesses 1-r.ink I:. O'Rourke, ot Sumpter, Oregon; I'cter J, boards, of Sumpter, Ore gon; Van Rensselaer Mead, ot Sumpter. Oiegon; Charles M. McColloch, of Sumpter, Oregon. Any and all persons claiming adversely the above described lands are requested to file their claims In this office on or before said gth day of Janusry. iooj. E. W. DM'ls, Register. ?i '1 4