Show RECENT MINING DECISIONS prepared for the mining review by judge E V higgins D F walker block salt sait lake mining claim suit for possession previous location burden of proof initial point of mining claim valid location of mining ground essentials how perfected state laws supplementing mining act of congress discovery requisites of requirements quire ments of valid location failure to perform subsequent location rights of 1 where defendants were in actual possession of mining ground at and before the institution of suit under a location the validity of which was attacked by the plaintiff only on the ground of a previous location the burden was upon plaintiff to chow that such previous location was made and perfected in compliance not only with the laws of the united states but also with such provisions of the statutes of the state relating to the location of mining claims as are not inconsistent with the united states statutes F 2 the place where the notice of location of a mining claim is posted is the initial point on the lode of the united states survey of the claim and from which the boundaries of the claim can only be determined when it is feekin feet in width 3 under section 1496 revised statutes 1898 to make a valid location of a mining claim the locator must first discover a lode G de or deposit of mineral in place and then erect thereon or in such close proximity there toas to indicate the point selected as the place of discovery a monument and post thereon a notice of location which must substantially substantial y comply with the requirements of section 1496 4 to perfect a mining location the locator must within thirty days and in the manner prescribed by section 1497 rev st 1898 mark the boundaries of his claim substantially as indicated by the discovery monument and notice of location and within the same time as required by section 1498 id he must file for record with the county recorder of the county wherein the claim is located a substantial copy of the notice of location 5 the right of a state to pass acts supplementing the mining act of congress in respect to the location of mining claims is recognized by section 2324 rev bev st U S 6 there must be something beyond a mere guess on the part of the miner to authorize him to make a location which will exclude others from the ground such as the discovery of the presence of the precious metals at the place where the notice of location is posted or in such proximity to it as to justify a reasonable belief in the existence of a lode there 7 A mining location is not noi perfected until all of the essential statutory requirements are performed A locator of a mining claim only acquires exclusive right to the possession of the claim when all of the necessary requirements of a location are observed and if he neglects to perform P any necessary requirement within the time prescribed b statute his attempted location loca ti on is of by no as against an intervening location avail a 1 peaceably and regularly made and covering the sam sarae ground although he shall have performer performed per fored the neglected requirements after the incept tion of the second loc location aaion copper globe 1019 mining co vs allman utah 64 pac rep dpn mines rights of junior location of cross vein right of way of tunnel right to blind veins collateral attack on patent 1 federal statutes must be interpreted by the federal courts independently of local considerations and cannot be said to have art an established meaning whatever the decisions of other courts may have been until they are construed by the supreme court of the united states 2 the servitude imposed upon the senior location of a mining claim by U S rev stat section 2336 by giving a right of way to the junior location whether that extends only through the space of the intersection of the veins or through the space of bf intersection of tb the e claims does not otherwise affect the exclusive rights given the senior location locati onor or except the cross veins apelin L 0 therein 3 blind veins underneath prior lode claims belong to the surface location under U S rev stat section 2322 and their discovery by running a tunnel under section 2323 does not give the owner of the tunnel any right to them 4 the location of a tunnel site for mining purposes must be made in subordination to prior lode claims and the tunnel has no right of way through them 5 patents for lode mining claims cannot be collaterally attacked by evidence that at the date of the subsequent location of a tunnel site no ore had been discovered in the lode claims calhoun gold mining company plaintiff in error vs ajax gold mining company colo U S rep |