Show ANOTHER MINING DECISION hon frank D hobbs re register crister of the salt lake U S land office is in receipt of another ruling from the general 11 land office which puts a new construction on former practices whereby claim holders were enabled to apply work done on one claim as patent work for another claim not P thereto the case in in question is one wherein work done in the construction st of a tunnel was intended to apply in obtaining patent on ground some distance anav away but which eventually would be benefit ted by by the driving of the tunnel several years ago such work would apply is as is instanced in the case of the driving darivin of the ontario three mile drain tunnel at park city this work being accepted by the department when application was made for patent although F the claims affected were gated the ruling 11 reads as follows department of the interior general land office washington 1 D C M may ay 17 1900 register Re crister and receiver salt lake city utah sirs in re M E no 2677 1 1 67 7 allan lode made december 28 1899 by allan G lamson the improvement credited to the claim is fourteen feet of the west T mountain drain tunnel commencing feet from the mouth which is sit situated u abed N 49 degrees 07 minutes E feet from corner no 4 of this clairn claim the said tunnel bears S 47 degrees 33 minutes W from its mouth is feet in hard rock ana worth not less than 20 per foot value of part applied herein the surveyor general inper the direction of this office off ice has prepared a diagram showing the situation of the tunnel and the claims intervening between this improvement and the location under consideration the allan lode is one of a group of locations contiguous noncontiguous non to the group upon which the tunnel is located in the case of the copper glance lode 29 L D it was decided inter infer alto alia that labor labo r or improved improvements ants intended for the common benefit of several noncontiguous contiguous non claims cannot be apportioned apportion ec I 1 to the different claims in satisfaction of the required expenditure thereon for the reason that to do so would be to credit each claim with an expenditure made in part for the benefit of other claims not associated therewith as claims held in co common within the meaning of the law therefore no portion of this tunnel can be apportioned to the allan claim in satisfaction oi of the statute stati ite for the reason that it was constructed and intended for all the cla claims I 1 ins which are shown to be embraced in three abre distinct contiguous noncontiguous non groups the law la w makes no provision for the apportionment of the 1 improvement M pro made for the co common benefit oi of several noncontiguous contiguous non mining claims so as to apply different parts thereof exclusively to the use of different individual claims within the meaning of the law in so far as the expenditure of five hundred dollars in labor or improvements is concerned cone arned the allan claim must be considered as standing by itself separate and distinct from the th group which as hereinbefore stated the tunnel is located in view of the foregoing you will advise claimant that said fourteen feet of the tunnel aforesaid cannot be accepted as an improvement made for the benefit of said allan lode and that he will be allowed sixty days from service of this notice hereof within which to show how if he can that on or prior to june 7 1899 last date of publication of notice the sum of has been expended upon and for the benefit of said lode or to appeal in default of which the entry will be canceled without further notice from this office very respectfully signed W A RICHARTS RICHARDS abst commissioner the department has just made a similar ruling in the case of the anchor mining company of park city |