Show CORRECT WRY WAY 1 1 oJ tt i TO LOCATE aY 4 f I 00 1 The question as to the proper manner man man- ner nor of ot locating gypsum claims is one x that has been causing a lot of conflicting conflicting con con- locations In this vicinity re- re No one seemed to have a af f clear understanding as to whet what the Y 2 law is in this regard some locating r I as lode some as placer and some as asboth both lode and placer ground The United States Mining Laws iA provide as follows Claims usually called placers placere Including forms form of r deposit excepting veins of ot quartz and other rock In place sh shall ll be subject subject sub sub- to entry and patent under like Jike circumstances and conditions and upon up- up up upon pon p- p on proceedings as are provided provided provided pro pro- vided for veins vein or lode claims clams but where the lands lands have been previously previous previous- ly surveyed by the United States the entry in its ita exterior limits shall coni con cone i form to the legal subdivisions of the f public lands There have been special laws enacted enacted enacted en en- acted by the federal government permitting permitting per per- salt deposits phosphates building stones fire clays and gas and oil deposits to be patented as placer fr claims but there is no special statute as to to gypsum deposits It has been my opinion for some time that under understate I the present state of the laws gypsum deposits can only be patented as lode claims for the reason that there is no question but what the rock is all allin in place in this region but I have also al also so been firmly of ot the opinion that the law should provide that all forms of deposits of gypsum should be located lo lo- t sated as placer ground The reason for my opinion is that the gypsum is isi i laid down in practically horizontal deposits deposits de- de deposits posits and a locator should be confined confine ed ed to the ground covered ered by the lines of his claim and not not be able to follow the deposit beyond his side lines Jines as might be done in the case of most lode claims daims r I wrote Senator King concerning the condition here a short time ago and suggested that an opinion from i the Interior Department on the subject subject sub sub- ii might be helpful The Senator lt i in his usual prompt and obliging way r procured the opinion of Judge Finney of the Interior Department and mailed mail mall I I. 1 ed it to me In this opinion the Judge stated that it would all depend upon I the nature of the gypsum depot l' l s is isto Si sto to whether the location shaul e Ie i placer or lode In other word word- i If the rock is in place it must be located located lo lo- 10 as lode Jade ode and if not in place it should be located as placer ground The opinion doesn't help a grea great deal except that it indicates that we weare weare weare are left to the wording of the statute and the geological formation to determine de termine our proceedings This uncertainty uncertainty un un- un- un 1 certainty as to what a court will say sayas as ns to the nature of an any particular deposit deposit deposit de de- posit is what causes much confusion and litigation It would seem quite clear dear that before a locator would b be beat 0 at all sure of what he is doing in sue such cases he should have ha the opinion o of ofa a a. a lawyer lawer as well as a geologist A lawyers lawyer's opinion alone would be only a guess unless he is a trained geologist geologist geologist gist as well J. J J SI 1 M FOSTER |