Show ir A TEST ES CASE t I 1 are 1 c chool 4 lands exempt ain t from mineral entry Is n clelin luin ted between 1800 1806 and tile the lime of th n e approval afi laili lt ili mi III school ste st e llon lion of nf lidid I 1 itle I 1 tile quest li ion now on before lie I 1 annil not 1 I sun sim laie lit tao liw tn in ater f tilt of brad buris mining cot co oil on n fur for videlie vide ih ill lil t oil nd S wor if hit prominent of al lake nir aho ott attorneys orneys for the eom kompany pany anti and ait n i 4 a dinitte of HICHI r oil I 1 kinport noca to fall so dilons ei lons idt alir tl li 11 lif fels s tins illis a i braff f tile llie c or tile hie 11 ys Is given tile tie free ganve thrim thrush ith ill ih cou courtesy of alp ars mid and t hoo 1 the ter nf if I 1 ilif he foont land i ellve riff dav 11 ll ileith ii of tile colli jaily 11 tor pate tit b cau io e tile hie claim cover auvern I 1 scar settimi sec timi and it is n there la Is of 0 the inin era eral of tile ilie amid on oil or bedfor the he time little when utan utai b bilime colne a an alt appeal to lo the cinarli aloner or of the kentrat luid olav at Wais liln stroll Is beenu hy y tile thu imon irya for tile mining cool company pally the following errors tire are d lit in tile tho war 1 tn n wild slid application 2 in us sumIng I 1 hot sevelon 16 township 3 aa of range 4 wot lins lias any legal 3 in ili that section 10 town ship 38 18 3 south of 4 1 west h his is been legally identified 4 in a suming that the mining claims fur for which vo application for Is made arft ara within the lecul Bub divisi ons ona of said section IG 16 township 1 28 8 south ot of range 1 4 I we it 5 lit in not being guided by the official recarda of file loom lund land office which allow said section 10 ti to be 0 ili III ignoring the fact that tile the plat to which the register lit in his decision refers shows an said I 1 section 10 16 Is placed thereon chereon from iu an unapproved survey 7 in ILI holding that lint it la Is necessary for the applicant to furnish evidence of tho the known know I 1 1 till mineral ahn racier of ofik sa id d mining mini claims lit at or prior tu to january 4 1893 IW wo understand ll 11 says gays the arlt f lu in elibe rule rula and prestee of the lund land Nazi department to bi that where an ali lill cation for nit mineral patent is inde tb latla within it a stellon nikl haa 1145 d 1 apoi a 0 lott atlon in ado sub bequest sequel it to 4 1800 1806 ahat it II Is ln in cu iii bl t 1 pot tile the to show the known mineral character of f hi he land prior to january 4 if 98 tont bill our lathat is eliat llie above rule and practice has haa never neveria in aal fact been ana a never intended to in apply to oilier than ithan lands that wore surveyed mud aud such survey approved in uch flueh a m it would put upon notice the mineral ml nerl locator otherwise the prospector ur today making a discovery co lvery expending hla file labor anti and in the same bamo ten twenty ar or more years hence tile surveyed with willi a view of applying for a patent 11 tent fur for the first time thata that ats as claims are upon a school hool section in po Poi aiton then ihen would such claimant be placed if called upon tipon to t furnish evidence as it hi tile the cise C ise tit at bar that on oa this llila date anta janu mry ry 4 1890 tile the land hind WAS known la ito contain valuable mineral depo deposits |