| Show IMPORT 1M HIM Ml tIT Jnloe OtIlce Orrolo 11I0 foes Poe TrtI Ihe Cue at Hal Ignloo Judge lilies gave his decision today on It moUon foe a nw t1nl In the cano 01 H Hays vs O Lavagnlne et al overrUling over-rUling the motion This case Involved the title to the area eon uniting the GludstOIK and Montreal No1 mloimng claims situated In the West Mountain mIning district bait Lake county The no lcre e of Judgo lilies lendeixd laat I September was In favor of the defendants defend-ants when the altorncj for hays made a motion for a new trial citing as error tlnnt It moonlIt hown that the ocators of the Gladstone mine discovered discov-ered n metnllferous vein or lode of roclt beforo maklna the location Ueferlng to this the court sajs 0 It one attempts to locate a mining claim on the public domaIn bstoee he hM dIscovered a vein or lode 01 rock In tines henrlnlt mlnerol nn1 another ublequcnlly discover n lode or vln and thn lorntes under the have 01 the United States and of the State and Mining District where the claim In I cIt uatel the 11111r will get n auperlor right to tbe llOsclon IS agnlnt the farmer looator The plalnllllo In solo 1oct01 tholr mollon relltl upon thecae the-cae 01 rharl vs Dcorr 113 U B 127 In which case the court held that there nut he mmetllng heoml a mere races on the part 01 the mIner to nu Iiadlne him to enoie no 10lIon which will exclude others from the ground such as the dlsaivery of the presence of precious metals In It or in such proximity to It as to Justify a reasonable reason-able belief In their existence Judge lilies eaSe that there was subsequent sub-sequent explorations made by the Olodttono loeators by which they dIe covered a vein Conclullng < the court mivs Tho location annrurs from lIon evidenr ta be what the Huprem Conrt of the United States < In the cos dt1 called a sueeulatlon proceeding ooIIah InlUats am night The moUon far a new Idol Is onr ruled |
