Show lateer DECISIONS prepared for the minin mining review by geo westervelt attorney at L raw salt lake city utah quartz claim discover discovery Y section 2320 R S U S re requiring quirin the discovery of a lode or vein within the limits of a mining claim before it can be located as a lode claim is satisfied by the discovery of ore or li rock in place in a defined vein sufficiently encouraging to warrant an ordinarily prudent man in in spen spending diny his time or money upon it although such vein does not contain ore in paying I 1 quantities v brown ore oreon oregon on 61 pac rep annual labor or improvements forfeiture fe one claiming a forfeiture of a mining minina claim for failure by former owners to perform annual labor or improvements as required by section 2324 R S U S has the burden of establishing such forfeiture and an allegation of failure to perform worth of work on the claim in any year is not sufficient since the making of improvements on the claim to that amount would be equivalent power v alax mont 61 pac sufficiency of record of location state law comp stat montana 1887 5 section 1447 requiring the locator of a claim within thirty days thereafter to file with the county recorder a declaratory statement under oath is not nob satisfied by proof of a mere record notice powers v sla montana 61 pac location description A location notice stati stating ncr the initial point to be a certain distance from the natural object or permanent monument to which it is sought to ta be tied but failing to state in what direction is void for uncertainty under idaho laws clearwater shoreline Short line ry co v san garde idaho 61 pac following brown v levan idaho 46 pac coal mines statutory requirements for ventilation the provisions of section 6 j act of Con congress aress approved march 3 1891 26 stat at K L 1105 requiring tho th owners or ina managers of coal mines in the territories of the united states of the depth of feet or more to provide an adequate amount of ventilation ti of not less than fifty feet of air air per second for each fifty men at work in the nine or drift are imperative and in an action for the death of a coal miner resul resulting tinty from an explosion in the mine the management cannot escape liability because some workman has disregarded instructions and in such case the privilege of determining the reasonableness or sufficiency of the ventilation ti is ia not given to the e employer mp loyer des arant v cerrilos cerritos coal R co 20 sup ct re rep p reversing same case 9 N mex |