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Show MINING REVIEW. INTER-MOUNTAI- N Important Mining Decision. A i tiling of much importance to unpaten-emining locations in the Camp Floyd district, vns made by Judge Street in the Third The case grew pistri :t court, on Tuesday. of the protest and adverse claim of Williams ct al., against the application of fU(r:he, Bamberger et al., for a patent to the Many who have failed 0ng Birds claims. recording their location notices are of the 0pinic n, since the ruling was made, that relocations are necessary, and some have taken d in measures in that direction. Williams et al, located and of their carefully marked the boundaries Tough Knot claim in Camp Floyd District, a discovery monument, a by tboir erecting monument at each corner, one at the center of each end line, and one at each side line, where each the side lineg deflected in their course, monument having placed in it a stake appro-- i priately marked. At their discovery point they placed a notice, giving the courses and distance from that point to their various stakes and thence back to the place of beginning. This notice recited, by way of reference to a natural objection prominent monument, that this claim adjoins the Bell View. This no- tice was recorded July 22, 1892, in the Mining In ' : ; f : I June District j 1892, Records. the 28th of August, 1895, W. S. Fugate, located across the south end of the Tough Knot two claims called respectively the Song Bird and Song.Bird No. 1. Fugates notice on the Song Bird wit1 reference to a Natural object or permanent monument recites that this claim is situated about 2000 feet easterly of the Sparrow Hawk Mills, and lays just south of the Tough Knot claim. The location notice of the Song Bird Xo. 1 recites in making the same reference, that this claim adjoins the Song Bird on the south and is parallel to it. Upon the trial it was shown that the monu-- ; ments placed upon the Tough Knot were all still standing, except one at the northeast cor-- t ner, and that they are of the character usual and common in that camp. That one at the north centre end was particularly large, and had been placed in the ground by having had a bole dug, and it planted therein. It was also shown prima facie on the trial that the Belle n j View had been a conspicuous and mining claim in that district since its location. It also incidentally appeared from the evidence that this Belle View was a part of a group of mines known as the Tough Knot group, that the Belle View was located on the same day as the Tough Knot, though later, but by the tome parties and as part of a previous understanding as to its location and name. The evidence also indicated a substantial and well defined vein or stratum on the Tough Knot tod throughout the group of that name, and that it carried small values. The Song Bird owners also showed small Values in assays obtained from their development, ranging from 70 to 80 cents, although we itoderstand the existence of these values is denied by the opposite parties, and that under Ihe rule that no valid location can be made totii the discovery of mineral within a claim, ey desired to disprove the existence or dis-'- j ery of any mineral within the boundaries of tither of the Song Bird locations. Upon the trial the important questions pre On 1 ! , 1 I i ; ' well-know- j ? ! ! I ; sented were: First; Do the laws of Camp Floyd District require a notice to be recorded? Second: If such notice is required to be recorded, do the laws of said district prescribe a forfeiture for not having a record made of a notice, which includes a sufficient reference to some natural object or prominent monument ? Third: If an insutlicient notice is offered and excluded, what is the position in the case of the party offering it? On this trial, which lasted an entire week, and involved ground presumed to be valuable, Judge Street decided every proposition presented on these points in favor of tho defendants Fugate et al, and held that the laws of Camp Floyd district require a notice to be filed and recorded; that the notice must make a sufficient reference to some natural object or permanent monument as w7ill identify the claim; that unless such reference is made the notice and its record is void, and prior locators under such a notice cannot maintain an action, under the above stated facts, because the laws of the district provide that a forfeiture of all rights occur upon a failure to have a sufficient notice recorded. Upon the third proposition Judge Street held that in such a case as this, which was one wherein Williams et al protested and filed an adverse claim against the application of Fugate, Bamberger et al, for a patent to the Song Birds, a protestant after having commenced his suit, according to the United States statutes, and after having his Notice ruled invalid, where the local laws required a sutlicient notice, has no standing in court, and that the ruling out of the notice renders the plaintiffs strangers to the g case, and debars their counsel from even the witnesses for defendants. After making these ruliugs the judge declined to allow plaintiff to participate in the trial, discharged the jury which had been empanelled, decided that the defendants were only required to make a prima facie case, and that no one, except the government of the United States, could question the showing made by defendants. This latter is claimed to be a new position, and was held upon the request of Messrs. Dey and Rawlins, attorneys for defendants, who interposed the objection to any cross-examinin- cross-examinati- on of their witnesses. Considerable discussion exists among the legal fraternity as to this last ruling of the court, in view of the provisions of an Act of Congress of March 3, 1S81, which reads as follows: That if, in any action brought pursuant to of hundred and twenty-si- x section twenty-threthe Revised Statutes, title to the ground in controversy7 shall not be established by either party, the jury shall so find, and judgment shall be entered according to the verdict. Many claim that the question as to whether title to the ground in controversy should have been left to the jury, and judgment entered according to tho verdict, as per the statute. Many authorities on the validity of the Tough Knot notice were cited pro and con, and the court in rendering its final determination particularly cited tho case of Hammer vs. Garfield M. Co., in 130 U. S. Ilepor s, as justifying his deruling in taking the case from the jury and ciding for defendants. e Sloans Hand Book. compendiuih on mining and metallurgy, combining a history of the development of mining in Utah. For sale by the Mining Rkvihw. Brice 50 cents. A useful Inthi:-Mountai- n 5 The Process. The official tests made of the plant erected by the owners of the patents of the Pelatin-Cleriprocess of treating ores from the DeLamar mines at DeLamar, Idaho, have been reported to the company in London, and approved, and the plant turned over to the manager and is now in operation under his control. The theory of the treatment is the solution of the bullion in the pulp by the use of cyanide and then recovering the values by electricity, much after the manner in which ordinary lating is done. It has been found that the familiar cyanide process, in whicli the values are recovered by leaching through zinc shavings, could not be employed on the talcy ores of DeLamar and many other camps, because the solution could not be drawn from the slimy puli). The electric process extracts the value from the solution while still mixed with the pulp. The plant now constructed here consists of two circular wooden tanks, or vats, with copd per bottoms, each with a sweep or stirrer, rotating horizontally, a few inches from the bottom. The lower side of the sweep arms is attached to plates of boiler iron, in which are wooden pins to keep the pulp and solution thoroughly in motion. Through these iron plates an electric current is carried from a dynamo, the plates serving as an anode of the electric bath. In the bottom of the tank a heavy layer of quicksilver is placed which is connected with the negative pole of the current and serves as the cathode of the battery, in which the bullion carried in the solution is deposited. A charge tons of pulp is put in the of two and one-hatank and treated with the cyanide, and is kept in constant motion for eleven hours, with the current of electricity constantly passing through it, taking up the bullion in the solution and depositing it in the quicksilver cathode in the bottom of the tank. It is found that eleven hours is sufficient time to practically dissolve all the values in the pulp and to extract and deposit them in the quicksilver cathode. It is only the work of a few minutes to draw off the exhausted pulp and recharge the tank, repeating the operation every twelve hours, or treating five tons per day in each tank, the bullion remaining in the quicksilver being left there until the weekly The ore is crushed in a or monthly clean-up- . Huntington mill and the pulp deposited in reservoir tanks where it is constantly agitated, in order to keep It in condition to be drawn into the treatment tanks as required. The official tests made consisted of, first, one hundred tons of the same grade of ore now being treated in the big mill, and, second, of tons of ore of lower grade. eiglity-fiv- e In the first test the percentage saved, as shown by careful assays of pulp and tailings, was 87; but the bullion recovered was 3 per cent less, the discrepancy being accounted for by the amount remaining upon the new copper plates. e ore showed practically The test of the a saving of 83 per cent. These are considerably higher per centages than are made on these ores on the excellently equipped big pan amalgamation process mill. The loss of quicksilver in the hundred-totest was fifteen pounds, in the 85- ton test it was thirteen pounds. Eight more tanks will now be added to the plant, making its capacity as per original agreement fifty tons per day. In regard to the cost of treatment by this process, tho following demonstrates that it will be comparatively small: Pelatin-Cleri- ci ci electro-p- four-arme- lf low-grad- n |