Show IMPORTANT MINING A atillo pan annl I 1 th tb al B wrist i clinic say ibbe in t gium bem belmyra II 11 balvia rt L aliz or A ALMAP aira ayr WAX WAS TW to ALLEN unit alibis immia APPI mi W al amt Ow KILLIl OF t tn hit AND acl laotto mima T III dec I 1 ion 0 still to ciaro alta n kd in tita to 10 set ido pat DIA tor or tho P r lure of lee Aalt Aut clope lop and wan dori ug ifor in nitah I 1 ana dil le affirms di de of 40 I 1 c op p haytt A N vol tol 1 page 43 I 1 to la lot of cuilo t 0 feet for highland chief mine or Vs v Ill clavy the prince of wales WM was ant lorA loual teil uj and it made the firby for talent the addono claim of 01 the bo chit f was TU filed arp r per to 0 ot hid had 01 aired and would h tan colod had the kocl printers forwarded it to 10 tho its atrell land office the fur for patent raould not joffer by the ibo 0 11 of dota 21 0 of 4 MIT 0 ocier 3 wll m oita 11 cad rs M za almilli Q ilio of tin the Lil gidd chief eatty include put pul did not but n wo mi lit dij did of wales alc ralmo ot of the tf lot tho iho I 1 bagh 11 agh the th one r and od 7 marot acut land lui J rold not nol to I 1 low I 1 of noricia erca trader la in mining consent cannot give joel arlu with diction compliance the is required linval lava DOT BOX TS drinkad Drin DrOMI LAD AND carry tito wandering coy boy was ru um ilia prior I 1 oon ana for I 1 th be tame reasons as in ia tho the above rose chis should have boca barn from tho the chief patent or WALES TALES ib loo lostion tion notice is 1 not told for or uner willy miners finers li location deficits about not be hold to iol kcjr cy lint but us r sufficient onic tont it if the bhoj put BO an honest inquirer in the way my of finding the alln lode parole it admissible to 0 tract Is 1 in a location ray fee gen land kally n T vior 23 calit ILI I 1 II 11 I 1 is too late after rafton hu has tuned issued to nuiko make objection that publication of notice from janus C G isil to 10 april 0 IMP was not 6 rl 1 nh 1 11 1 M tho 0 alo bat life ol of joly arh 2 1 1850 citco C r tt 1 aa r kc r bopf of poo post lt loff notice anti fani diagram on oa tho the claim a epee fie at to when wl ta the period of uch commenced it is LOOP late aft b leaned to object to the iho proof boto it la is not dot thus thui areal ile flo tuo tito that applicants did not dot have title li tt at the dlo data ot of sy palio cation is if unit ouch act is ia clearly those lioi tn contract for convey once mada befonti ap 1 I 1 floe aro are puts oka if i to lull it title litlo w tru pid before pit t wl but inuos 1 A clerical error tn in the iho registers t final cerit in a mickral balry to ID RO an owners name daydif w instead of butt Bat batar lr wood doce not affect the of 01 ft a t Les imil anair the domo of I 1 leattor after nood mr DOT the tb application for caunt ud libal survoy agree iu the rian uma proof of oric of pa bli tion it 11 ic 11 tita thea ht tho the notice tato u for a of ly daiy diy april IS I 1 1871 if Is T tant at no 00 uia d in WE vero posted on OD ilia claine fire d after publication was comm it ac md it thereafter for dg darr was VAS ILU an irr oolf only and not Is til aua owners other than ibia will nut not bo be presumed alltus in LIW of or objection prior to isra lince of potent la a a patent it is proper to 0 o rocita uio the act that att a lipior brior patent hill hid j Y kod and issued for par put or all 11 of the iho Q tm stark w starts GAN G will M loicl lii cl 19 do agi I 1 ibo he fact that moore A co patentees and ad vendors of ilia BOT havo bavo suu still aa lo in seeing that alii li talent 16 1 11 lo 10 t fill it application to K vol pride the be our I 1 U g and chiat patent ne ere a no yore the paint I 1 fer a mien will TUI not bo be in it Fl of iho file till notion lection let act of may mar I 1 SJ V winro bro ui all tor for relinquishes ilia portion artion of hix premises em barred in ana ao T claim further before the bo department trill till not to be stated tito buforo tho court in irig srpui alon li th right of jy ir iho indro a ing judgment in court tn in liu his favor doof does not dot nc wanly contle him to ft a patent filing a cerf icid copy of tho the judg m troll antl anti the ilia cornac aug of the grou bif tt 0 dmd a P us lots forb kod PI ora or olt tm TIM IVA Wino oTO D OPP C 1 1187 SM sir I 1 have bito carefully considered till the application of samuel B S walker c 1 cre c of the iho ol oi weirs merlei mir lei w to in big eai Cotton cottonwood mia ing dist T idt in ill salt LILO like county cull to leavo proceedings r instituted matita leil ia o tie the dimo a of fp abo b C united suites states to lo 0 set f tilo i do and aboul the patent issued te to A alien ilea Soli erick and norris W mandy for the ll 11 Ilig chief mine in the iho aid asid isie big cottonwood district and alfa afo tho the lilo JAC application of john job a U M Moor odai a ILL owners of the wandering coy boy mine mido in m the bo aforesaid awag district to set act as acido lao and annul tho patent for the caid aid chief mino mine I 1 have also considered the several applications mado made by bv fi cheack and bluntly ft tj tato LATO edinga instituted iu in tho the memo ol of the tha united S to set act asido the patents heretofore hert totora ia issued bcd to the iho said bunnel S walker et al a for the irinco of W 1 9 and wander mender ing boy mines and alto the patent issued to J E R wilier walker cl al for the Auli Alitt lopo mine all of tho the above named mines minea ire era located in the tha jamo neighborhood a and tid are of such cad dalue as to li hav a induced between tho lie clAi marits protected and heated healed cori COD leet before isbell follow the example of coun counsall sal and treat all tho the applications as consolidated ond and hall of them in the order in which they aro are abaro mined dialed pro in ising that I 1 hivo have not the time I 1 that bat would bo be aceta acota ary to dwell 11 in a dill dolain aill upon all th ha various alleg a defects that havo have been coin mente upon by tho 0 learned counsel who wh have etc a appeared appe pel ired d and aad made orel oral or ild before mo me I 1 shall endeavor to omit none that tro are wms 1 the prince of wale against the highland 0 f the of r f wales location ties ia made anglia 1 1870 and recorded ir ic alo proper minin district august 3 iha high I 1 and chief chial loo I 1 aoa tion was mijo made and recorded ia it the lie mining district disi riot september 12 1670 the primo of wales walca mado aeppli caton cation for or patent for or 1200 linear feet or of the file lode with wilh surface ground of led feet in width adte IP balb eberso alo 1119 blAnd chief filed bled no la claim tho the panco of wi with I 1 the 0 register at t salt like july 29 bamide lorin bod fill on OD tco of juao LIDO I 1 iti 8 licatino for P a patent tent on tb ill ot alti cl ore r 1871 1 tho the itar it r tr ii itte t to I 1 b reg or oft tho 0 C c ral a a officio CO thill lh atlon 0 ct t taco I 1 ili chief lod and no to a 0 bat for or tomo some acason he bo m el to to transmit tho the application of 01 ince of wales aa he be I 1 th dakof anyce september 1871 the prince of 1 balci ales filce an adheres chim CIA im the ft a Bif Ili bland chief but it was rejected becalel be catel not dot sworn to 8 1072 1872 it filed another n iverso claim duly adl beorn clait to but t his w was not done nodi u at 71 all the h period of cl publication had bad expired the acting secretary oo on t pr aj april 13 held that the jile dierse of iho he pinco co of t balce bo bc because ause not filed sti thill tho the period of publication joao 11 22 1 a paten calcut I 1 luned to schenck lc and al blond undy for tho the chol chief it I 1 t alphard alP tArd from tho the fore t tIte that the prince or of enlea I 1 6 al I 1 08 was first located and recorded a aad ed that it made the hi first application for and that the highland and chief filed lle 1 ra an alvoro claim thereto after alo abo period of liou ad cr lirty it II aud ad vrho claim lid had been forwarded fo to tho the tho the local oo 00 they were bound to do under tho file the adverse claim ajai ojai in fi irl I 1 11 fl tr I 1 I 1 I 1 1 al I I 1 1 vit 1 ta ft 1 L I 1 1 L would ahto live been rejected because I 1 not filed within itil liin tho the period of publication alii fault waa not that of the p inco or of wales and it not to fuffor by the mcgl ct or of duly anty ot ol any ny I 1 railroad Kil roBI CA smith 9 wall 09 90 the he chief afterward made do application for patent while that tbt or ilia drinco of wales win was pending the rimce or of wales filed an n adverse claim niter after the period ot or publication had expired awl the highland hief lor for that tbt tell on 4 ca cagel oel its ila rejection in other worda words the ahe flig IlitH iland anil chief by the decision of of hit out and cot ot til rid of 1 alie lie clabia chalm or the frinco of boes woes for the te tiry ramon r R 3 which aoh I bould have ex 3 the pria briaco m claim to 1 c 11 1 arto of anite 1 A aw pi 1 cation the aria 0 o of bad that lh prior right find nd tho the prior location locati oo and it wa i 4 manifest error io in taij bep artmont to billow tho the highland chief to loraas pOsO the condition of tho the perlice pir lice tod 1 thereby materially matari illy charge the tha rights of the contending I 1 it II is il parac that lh went patent for tho the ceif dil did not follow wit that ilia float coul sort V in tins tills to 10 goal airro burry edid d act t include arly dy itai is I 1 ortho ot of tho the prince of wales whilo while it at Is is conceded that the lb patent did inglado all tito till surface groont round the JUR bland chief 9 crovea tle the prince irinco of 0 walon wales and the discovery shaft of the prince irinco ot of and aej many of its valuable ble the field notes or 0 this ury survey made october 5 1871 upon this ibb point are as follows from pol nott A no 2 21 I 1 run N ay K 13 feet to annee of w dolop al ff A claim i 1200 feet leave irinco of wale walca a claim and ago kaia li aiom poal no 11 run S 53 W feet ret to prince of claim feet j leave drinco of claim the construction of 01 this i is 18 unit the spaces between tho the sod and 1200 feet fee on one side 0 and d aw and foot feet on the other tido bido were emitted if they wore were the description is correct 11 there lucre is doubt bether they were omitted or not I 1 it is proper to explain that doubt by the h testimony of experts in our toying mr freeman tho the deputy united states mineral surveyor who made this survey testifies that ho he did omit the surface of the be prince ot of wall wales and that he intended 83 3 to la 40 0 this is highly probable from 11 abo to nature 0 of o the ilia case lie ho round bo of W wales ales in the alic actual occupancy or of this surface ground tHe ha saw that it had bad its ita dir covery and valuable mining works copon upon 9 and lio lie probably kaow that tho brince ot of wales WM WAS the iho grist first locator inasmuch iu ile ho WM wig a sort ourt tod familiar umili ir with the lie anines in ia that cocat location 1 OIL i lie ho ilroy 1 d therefore very naturally natu roly plu oter tho promise and exclude thom from his survey ho he had bad directions direct iona front from his big campio berj to do I 1 do not thick link that ho he lad bad any fuch instructions and my remon reason for io iii will wil appear whoa when I 1 COMO come to consider another branch of this subject it is truo true that bat freeman in Pin aking up the area of lia i survey dil did not exclude from such aroi am tho the surface ground of tho the prince of willes to 24 of olaa all acre here it probably biped o his recial leCtion rhea he pea caia me to mike make big plat ilant in ID my pent tho the weight of well Ovi evidence dence shows that the sur fur pound inas excluded from the survey it ia ifould therefore haw have been excluded from and ilits k was error to incle io clulo 10 it SR sit ib ia claimed that lint the be final A air ar vc acy au aud 1 pale atol of file hia balaod chief dil di i noi dot follow the original ori iaal application md had notice end aud that tho the claim vas floated I 1 to ito the ho eastward so 0 o as a to io in elude tho the dk cOvery and works of 0 the ibe prince bf balig tito tho Ilig bland chief was waa located S september ep 12 1870 la in the ilia loon loan flon natco abo lode is described its as commencing at the discovery diBo overy stake bloke and COO feet in ia a southerly direction and nd GW COO loot foot in a north orah eai f 0 five fire or six nix head hundred feet datil ua wese til 19 from tho the young columbia and ud wondering boy adis big cottonwood distinct diff tract utah clah territory A or six hundred ba ailred foot feet westerly from ilia lio ng boy lode would woold exclude delude now DOW in controvert cont the diagram of the highland chief attached io 0 O its application for patent iho ranco or of wales and wandering bay lodes as lying to the east ot or the ibo premi ica cl aimed by tho the Il ighland chief the appi cation and publication notice both bo h allego that ihal from dl covery shaft the lode extends northeasterly six oil bondred WO feit SDI bud sicly there irom fix eix hundred GW GOO feet there it are 0 no do known adjoining claimants at tho dearest known claims lacing the prince or of wales an and W won ft doring boy in loizos on vie the easterly 0 nde end locc 11 under such an application and balled notice it is very clear to my mind that the had no light ight to go 90 ibo file 03 outward gwlad eo 60 sis as to take in in and appropriate the abo mines which is ii alleged are arloa on the easterly their todo lode the tha object ot of requiring notice 0 abo be given by publication ILI blI cation is to inform I 1 all partia parti a anay hatto h TO an a avro if fefes ot of tho Dr es sought bought to ba required acquired 0 so o that they may appear and their ri reglita glita if the notice deac pre io in which others have bavo no interest then eboh ther persons rally may safely ca to appear and set get u up I 1 ROY any claim they are ara bound by the bolke and it il they do it they man do it at their peril b but ut the ilia moment god find that the notice does not ask lor for anything in in which they live hive an intern at that moment they may famely sleep lt il they plea please they are nut lot bound and all an hond 1 I not be bound too loo look after proceedings lor for feir fe ir that there may bo be a out bot up to their property there can be no claim chim that varies ina tori Ally from the original origin nl ono which is ia embodied in 11 tho application and publication the law I 1 IM fl lowed tho proceeding is 11 a statutory tro weding end 11 II if the provision of the law must mait be carefully caro fully and andas las toiuo home day ay actual notice without pub 11 a atholl will till not answer n notice would dot doli be sufficient be calmo tho the statute bajt that there mut bo be notice by pub ats ion if the published notice bertain premi none other can caa bo be allOr Wards claimed ud find kd without a new and a new published notice and it if theia A a be a effort to in kludo premi eoj other than ban those included in tle the origin oal al application and notice and an u adverse dhimant should appear and assort his claim clife to the now thus to he be appropriated and beoula fail in a his bin claim by ro BOO 01 not BOC tiling filing th the 0 amo MO in time litho or lor for defect io in furm form bo be would not in my iny opinion bo be th thereby feby in any worse position than he be would hate bare been if ho bait bad not aped it t all ID 10 this ihn clas ol of OP con consent nt cannot give via III it 1 is a substantial wm jm CC with the statute which alone caff ca give gite lotion A As wo we have teen KD the cation ap rod notice ot of I 1 be nig blind chief Kirer aUy rally excluded the preal lieg of tha t ha prince of wales now no W 10 a controversy it further |