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12 THE SALT LAKE TRIBUNE, THURSDAY MORNING, JUNE 30, 1Q12. I OHIO COPPED IS I FORCEDJ ASSESS Unwelcome News Received on Wednesday That Company Needs Assistance. ONE DOLLAR PER SHARE Plan of Reorganization Re ported Involving- Reduction of the Par Value. Local stoeklsoWers of the Ohio Cop per company, who, despite their better Judgment, have held onto iheir stock In thm hope that the Interests In control would bring: about order and operating success, wore rudely disillusionized Wed nesday afternoon when the news cams across the Pollock wires to the effect that a reorganisation scheme had been decided upon end that an assessment of fl per share had born called for. It has been taken for granted popu larly that the Ohio Copper stock was not assessable and thai the stockholders themselves were the authorised ones to put any reorganisation plans on tine tapis, but tn the nhsence of definite information in ths premises it is now conceded that if the directors want the shareholders to put up the $1 share thsy might as well conclude to put it up or sell out. Want Change in Control. It is not an easy matter to discover who are present stockholders of the com pany locally, as a great many recently nave disposed of their holdings, but a number seen vesterday after the news of the reorganisation came asserted that they would be unwilling to nay any as sessment until there was a change in the management. They believe that the ru mor afloat on Wednesday in regard to a stockholders' protective committee as well founded and that soma such step win be taken by the eastern stockhold ers, In which case a number have ex pressed their determination to Join with any such movement. Up to the publication a few days ago of the report for th six months ending March 81, IMS, stockholders have been unable to obtain any information of an suthorltative character about the Ohio Copper and they have proceeded entire ly in the dark. They bellev that there will be an abundance of news now avail able and they welcome this feature with open arms The wire over the Pollock system was tn effect that the reorganisation would consist of altering the capitalization from flS.000,000 to $7,500,000 by reducing the par value from $10 to $5 a share, leaving the number of shares of stock where it now stands, 1,600,000 shams. New certificates will be Issued and ex change for the old on n share-for-share basis and upon the payment of the $1 a hare. Will Hurt the State. A tew weeks ago ihe mine was exam ined hv Knglneer Henry Krumb. presumably- for the creditors. The result of this examination has not been dis posed, but that it was unfavorable is believed by som in icw of the dis closures of Wednesday The Ohio situa tion Is an extremely 'unfortunate one on account of the amount of T'tah money tied up In the proposition and because the property Is located in Utah. MARBLE FROM UTAH WILL BE MARKETED At a meeting of the directors of the Murray Black Marble company in the office of Judg" J v. Burton, the presi dent, measures t ere discussed and adopt ed looking to the peneral prosecution of work on the company's properties and particularly providing for filling a con tract recently miide for a carload ship ment of marble to Chicago. Work is now progressing vigorously a I the quar ries and It is expected the shipment can be made In les than twenty days. This will be the first big consignment of the kind ever sent out of the state, and It will he followed by others In different directions The demand for the product is on the Increase, the quality and quantity hav ing been thoroughly demonstrated. The ledger are of great extent, being BOO to 600 feet In width and showing up for a mil In lonRth. all of which are lo cated by this company They ere situ ated within lean than s mile of the Tin tic branch of the Palt T.ake Route, west of the north end of Utah lake, and thus have the advantage of easy shipment of products. Arrangements are being made for the installation of machinery at the works, end when this is accomplished production and shipment will he consld rab augmented. LEAD-ZINC TARIFF MATTER IS DODGED The. June bulletin of the American Mtnine congress contains the following Interesting paragraph on th proposed tinkering with the tariff on lead and sine during the present session of eon jtreys: "The Underwork bUt providing for a reduction in the tariff duties upon lead and zinc ore. was under consideration by the senate at our last report The Cum mins amendment, which carried with it fair protection to these items, was voted down. Because of the deliberate absence of some of the friend? of pro tection, th hill pas -ed with amend ments. ont of which provided for the re peal of the Canadian reclpro Itv act. The bin was sent to a conference commutes and i is not possible at thl time to preJ dirt what action will be taken by he conference. Tl Is confidently expected that President Taft will veto this bill e'nou'd the conference committee come to an agreement concerning the nex fea tures, which must he done before the, oil can be snt to the pres-id-nt for his sinrroval " MAJESTIC SELLS A GOOD LOT OF ORE General Manager A. D. Moffst of the Majestic comp.Miv ste.td estrday that the company had Just dlspoged of a lot of ore. two cars, st the local tmeHers. for which the company received Smter -net per ton The prevnt metal prices are of especial impoitance. to the companyi snd between twenty flve and thirty can Of rock like that above should find their wav to the market during: the r r-'i-ni month. Mine conditions are ex tremelv favorable. FoIIb a Foul Plot. When a shameful plot exists between liver and bowels to cause distress bv refusing to act, take Dr. Kiuc's New Li'e Pills, and end such abuse of vour system. Tbey iueatlv compel rictaf ac tion of stomach, liver and bowels, and restore vour health and all pood feel jagg. 25 at Schramm Johnson, Drugs. DALY-JUDGE MINING COMPANY. The regular ouarferly dividend of the Ualv-Indge Mining company of fifteen per cent, aggregating jr. mo. being divi dend No. f-. has been declared payable July 1st. ltlt, to stockholders of record at nr. of business June SO. l !!.!. on Which Cat the transfer books will c!ose, and re open on July Li 1913. O. W. LAM BOURNE. Treasurer ant SMELTERS ARE KEEN HfTERJHDA ORE Producers of Sagebrush State Never Had Such Splendid Chance as Now. The state of Nevada If basking in the brightest smelting competition sunshine In Its history, and the producer of ore has the opportunity of a lifetime for se curing Rood terms for the reduction of his product. There Is a new Richmond in the field in the shape of the Mason Valley company, which is after copper ores, and getting them. too. reliovlng the producer of the expensive railroad haul to Salt Lake plants. This same company Is quietly gathering In other classes of ore as well, which will he needed In time to come a6 operations increase. At Ely there Is the Nevada Consoli dated smelter and concentrator, which has never emphasized the custom smelting business until lately. punctuating its change of policy by acquiring the Glroux mine product where. theretofore, the Glroux had anticipated the necessity of carrying Its product clear to Utah The Salt Lake smelling companies, the American 8mlting. United States and International, likewise are giving Nevada a great deal of attention. The Interna tiona and United States companies have established state agents, whose duties are to corral the ores of that common we a 1 1 h, while the American company has its ore hunters on the trail of big game con tinually J M Bldwell. manager of the local company, a few days ago was lo cated In the Eureka country", to which point the Eureka &. Palisade Railroad company recently completed Its line again. There never was better smelting com petition for copper, silver. le;jd and gold ores than there la today, while it is a matter of wide knowledge that the zinc ore purchasers are keener than ever In history for their kinds of ore. Nevada should rejoice In the race for Ub mine product, as It win assist materially in bringing creat prosperltv to the produc ers of that state Nevada had better col. lect all the good ore contracts possible while this same sunshine of competition is shining its brightest New York Mining Stocks. James A Pollock - Co., hankers and brokers, furnish the following, received over their private wire yesterday after noon : NEW YORK LISTED STOCKfl I 55j H. 1 L. ICIse Chino I 2.7001 243; 3481 349 Goldfleld Con 1 2.200 4J 4i 4J Nevada Con 1.400 221 2:'g 22 Ray Con 9,5001 21 jl 21 213 Tenn Copper l.OOOj 45; 443i 4.r-l Miami Copper 2,3001 288 281' 28 Utah Copper ! 1,700' fi42 631 Mg Inspiration Con.. . , 2.300I Ujjj lgjj 1! NEW YORK CfRF RANGE Sales. H TT'Clse First Natl Copper . .1 1 3 2 3 Glroux Con 200' oj S 51 Nevada Utah I 200) 31 811 8 Ray Central ' 2 2g L'S Yukon Gold 3.000 3JI 3J 3$ Ohio Copper 5,000 1)1 Ul U New Kevstone ,., 2V 21 1 2i South Utah 1 II i Mason Valley I l.SOOj 131 13 13 Braden Copper 8,000 "jl 71 7 rciv Con I 1,000 il i I La Rose ! fiool j?i sjl Si Nevada Hills I 600 2 2 2 Mavs Oil I fi.oon sic :oc Kerr Lake 1001 "I 31 !J Belmont 1 200' 10i 1W oe Tonopah ' :i00 7 7 74 NEW YORK CURB CLOSE. 1 Bid 'Asked Ely Consolidated I 2S I .30 First National Copper ..! 2 7' -,.Qf Glroux Consolidated i " 50 . 2 i Yukon Gold 3.76 I 3.871 New Keystone 2.50 I 2 f Nlplssing I 7.75 7.871 Ohio Copper 1 on 1.124 Ray Central I 2.371 2 75 La Ro.e 3.371 3.50 South Utah . R7 ,7.i British Col. Copper , 6.00 I 6.121 Bay State Gas .50 ' .621 Braden 7.371 7.50 Mason Valley 13. 00 I 18.26 Sioux Cons . ... .05 .07 Colorado I .17 20 Iron Blossom .. 1.22 1.80 Boston Mining Stocks. James A. Pollock A- Co. bankers and brokers, furnish the following, received over their private wlr yesterday after noon. BOSTON COPPER RANG E. 1 Sales. I IT. L ICIse AJgoraafa I 501 c,' 6; kj; Butte & Balak M 1 Calumet S: Arizona..! 575 761 75 76 Chief Con 200 lgl 13 Copper Range .... 3301 .'.f4l 5Z 50 Daly WeBt I 52 6 Davis Dalv 875 2 21 2 East Butte SO ir, 13 i;?. Glroux Con 205 5i 5j oi Gran by Con i 226 .v. 65J 55 Greene-Can.. i 750 loj 10 ' )(i Hancock ' 2861 36 361 1 351 Indiana Copper I 610 1!J 13 I 19jl Inspiration r:on . .. J20i lf irij i:. Lake Copper I 370 ;;oil 3SJI 33J La Rosp 1 165 1 gl 3 3 Mason Valley 1 1.650 181 12 13 Nevada "on 221' 32 2-' Nevada Utah ! j 5ol 8c Be Nlplssing . . so 7i 7j tj North Butte 1,250! 32 " 31 4 r. 1 ft North Lake 115 6' 6J 61 Ray Con 1,481 218' 21 21S Superior ft Boston ....... 21l 21 nl Trinity W 7 17 7 ;U 8 Smelter, com ..' 4.0781 41 1 ::!J' li preferred . 1711 40 40 I 48 T"tah Con .'6.r.1 1IJ 11 I m Butte & Superior J s.on; 501 101 BOSTON" CURB CLOSE 1 Bid iAsked Ajnerlcan zinc ;j3i .'i'$32 121 B';ttc & Superior 49.121: 48-26 Miami 1 2S.50 I 28.621 South Utao I ,60 ' ,78 Tuolumne 3.87 4 00 Nevada Douglas 3 62J P. Mi Ollbway 4.2 (.00 Majestic. I .87 1 .61 Keweenaw I 1 62- " on Chemung 4.871 Helvetia 1 .371 182 Michigan 3 00 I 3 so Kerr Lake 2. so ?!871 Mas 7 no 7 5 Ohio popper 1.00 ! 1 7 j, Mayflower . . 9.62i 10 1 0 Old r'olon'.- ! s 25 ' S.r.O Ronton Ulv 1.."ir 18" Bohemia , 1. 3,0 sifH 1 Victoria 4.371 4.50 Winona 6. so am vandoi 05 2 6i Shannon 15.00 18 28 Poijth Lake 9.50 9 an Bingham Mines 8 on 3 Ro" Begole i;62J 2 25 Arcadian 4.M 50 Calaveras 2 2i 2 R74 Haton Copper 6.75 7 on S. W Miami ... 7. So I 1,35 Consolidated AHzona ' ' -'f Eagle ft Blue Bell , 1 4s 1 l.m Oneco 2 75 I I S74 Utah Apex I i'l Greene in. 00 I to ii Butte Sc Pala 3 4. '00 Ore Shipments. The Utah Or SampllnK company on v. ednesday rel-Hc-d Blx cars of ore from T'tah antl two from NeHrla camps. Ore and Bu'.lion. The ore and bullion re(.ort for U'ei-nesda;-. given by McComlck & ''o . waf s ffjlows. Ore received. 130.000; bullion shipped, $115,000; total, 1145.000. OHIO COPPER WEAK ON ADVANCE NEWS In sympathy with the eastern market action of the stock, due to the calling of nn assessment, the Ohio Copper stock was the feature vesterday on the local ex change and It broke badly The stock recovered allghtly toward the close on short, covering, there being no investment buvlng that, anyone could recoRuiae. The dav otherwise was little changed, a to tal" of 17,317 shares of stock selling with a value of ?6832.8S. UNLISTED PTOCKS " 1 Bid pujkedT" ifi gjor B C-Stand .1$ -15? .17 IS ilsTS .17 New TerV.. -20 I .9 Elv Witch . -06 .07 .07 q ... Alta Con . . .46 .48 Federal Ely.' .031 041' T'tah Mine .1 0 T-Qulncv . , .34 I ,3S I UNLISTED NKVADA STOCKS. I A. M j p. M I Bid lAsked ,' Bid. lAsked, Tono Bel .. D.7.S 1 0.75 10.80 Jim Brttler ,63 ! .60 .82 M MacNamara .23 .26 1 .28 2 Midway . . 35 . 45 1 ,85 .45 Ml Ex ... 1.15 I 1.40 I 1.30 160 Mont. Ton - l.10 2.40 I 2.20 2.40 North Star .11 ,1S I 14 ,1S Res Eula . .14 IS I .14 IK Tono Ex .. 1.76 I 2.00 I ! 7-i 2.00 West End . 1.K0 1 . SO 1 50 1.80 Blue Bell ortJtt 0J Blue Bull . .051 "3 I .05 ,0S COD . .op .n 1 noi II Col Mtn ... .0311 .07 I .031 .07 Comb Erac ! .1211 .16 ' .12! . 16 Florence . .80 1.00 S5 1.00 Gf Con j 4.25 Gf Kew ... .n,-,j . 07J , .n.i ,n7 Of Merger ! .30 33 gQ .Jj Gt Bend .. .081 .07 11 ."21 06 .Limbo Ex i .30 .40 10 .i'l Lone Star 1 03 j 06 ,03 .06 R Top Ex.. .... .02 ... . . 081 S Pick Con! .10 .14 .10 .14 M Big Four1 13 .IS Man Com j 21 M TV Caps.' .15 ! .IS ' .14 IS Mng CHory 11 u Mustang A I .04 ,07j I .01 07j Pitts S Pk. 1.15 l.T.o 1.16 1 30 Rawhd Coal .oil" 01 Round Mt .' .86 45 jl .36 .45 Atlanta . .. Uj . :3 .Jl 23 LISTED STOCKS. I A M P. M. ' Bid. i.:-ked." Bid. "Asked. Beck Tun . ? 10 ? .12 ,10 I IS Bing Amal .071; .081 -071' OH Black Jack I .18 I .15 I .13 I .16 C-Talls .1 .02 1 0 j l ,02 021 Colo Min . 1 ln 161 15 1 1 Colum Con I .25 ..Tl : .96 .31 Crn Point . 1 0; n:j .0j .K Daly .75 I 1 .50 .75 1.50 D-Judge . . 5.75 I I 5.75 Drasron . .( .26 I .35 ' 25 .35 Baal Prince 1 .OU' .011 E & R B..I 1.28 ! 1.45 I E Cr Point. ( .00 .00 I ooj .00 E Tin Con.1 ,00j .oox .on ,nn E Tin Devt1 .00l' .01 II .ooj; .01 Emerald .1 .01 5 II .01 .04 G Chain ... .82 I .36 .$2 .86 G Central . .60 I 70 I Ind Queen .01 .Oij 1 01J 01j 1 Bios 1.25 1 27 1 1.25 j 1 27 Iron King . ,01 -04 .01 .04 J Bower . .ofn; .no nnj 02 Kevstone . .' 00 1 I .00 1 Klntr Wm.. .0311 .0411' .03f 04J Lead Ring. .01 ....... .01 1 Lehl Tlntlc. oo ni -ni .nj Lion HlTl ..I 03 ' 08 I Lit. Bell .41 I .43 I .40 I .47 Mammoth .! I 85 .85 Mason Val. 12.75 I 13.25 12.50 1 May Day .. .10 .11 I .001 .11 Mln. Flat .. .oo! .01 .oof .01 Mt Lake . .03 I .04 II .03 ! .04 Mt. L. EX.. II ' .03 Nev Hills . I 5.00 2.25 '! 2 nn 2.r, New York .1 .06 .061 .06J -06 Ohio Cop . I 1 60 1.66 ' 1.07, 1.121 Opohoneo . .161) 1611 151 .16 Ptocbe Dcm' .003 .I0i .00 .10 Plohe Met I 03 .03 I .03 I .081 Pittr -Ma .1 J 06 1 1 20 1 .or. t 20 PlUttlfl ... I 07 j .07 ' .07 1 ,07V Pr. Con ,.J 1.60 I 1 67 1.631 1 6;." Provo . . .1 oni nij nnj .ni Rexall .. ..j .0111 I .01; .03 Sacram'lo .1 -01 Sf .01JJ. S Troughs .1 .02J 31 .02' 04 S King Coalj 8.45 2 60 ' 2.50 I 2 66 I King Con. 1 on 1.07 l.on 1 071 Sil Shield .1 .01 I .03 I .01 ! .03 Sioux Con . .053 .06'! o.sj! 061 S Iron Blosj . onj onl1 .nn .00 Swan Con .( .06 I 07 ' .06 .061 Tintlc Cen .1 02' oj; " .02! .on United Tin. I .01 i ni' . 1 i ni$ Uncle Sam I 20 1 .28 .20 I 28 Utah Con , .' .02 OS I .02' .03 Union Chief I .13 I .14 j .13 I . 135 Vctr,r Ton 04" ni 1 041 Victoria Cn ..'.n I .55 .Rl ,58 Tank Con I Il .12 .15 Yer Copper. I .oo,' .11 I ,nri' .in Addle. .. ..! oo;i I .no' Grulll I .00 ' .00' Moscow ! .10 I 21 '! FORENOON SALES. Colorado ::on at 16 lc ionx Consolidated. 1000 ai 5c Iron Blossom, 1 100 at ?1 25. Bwanlea Consolidated. U'oo at 7c. buyer sixty days Tlntlc Central. 1000 3t 2c. Union Chief, 1600 at 13'-: Shavrj: soldi 5900. Belling va:uc. S1776.50. OPEN BOARD Ohio Copper, 100 at $1.35; 00o ar Jl 3d LOO al $1,321. Prince Consolidated, 400 at $1.66, May Day, 500 at 10c. Shares sold. 3767. Selling value, 2445 SS. AFTERNOON BALES lion Bl0ll80fn 60 at I,26 Mountain Lake! 100 at 4c New ork, 200 m Ohio Copper. at $L10, Prince I'onsolidated. 30o at $1.65; 100 at $1.86i buyer sixty days; 400 at $1.6:. Shares sold, 1750 Sclllnc v;i1ue. $2055 50 . OPEN BOARlr Ohio Copper, 20 Oal $1,021 Silvet King Coalition, 100 at .tJ 60. Swansea, WOO ;it nc I "tilted Tlntlc, 6000 a1 1c Sharff- soldi 8800, Selling value. $616. COPPER ISSUES IN LEAD UPON MARKET Jamep A. Pollock & 'o . bankers and brokers, furnish the following, received ovpr lhlr privaie wire yesterday after noon Paine. Webber & Co.. Boston Consld erincr 'he fci ii1Ht no arc in the midst of one of the hottest politn ai conventions We have fn in year, the market Is -ictmst strong, and with any favorable turn in this situation we q ill see a bolilnfr matket next week Butte 8 Su perior ""as (he active Oat'iie tonnv sell. Ing up to .-,o There wav considerable Mo,uldatlort on the advance, however and the -toc) i'.hciwi t" o Buperlor Cop per xnd Tlniiffhton Coppei were also trong and active. Copper metal nold al 17ic and Is now .)' .. t at i7o (n 17jc st which price the producing iiiines arc oil moklnp handsome profits ;ind in creased dividends will t. in order from now on. believe In buying the cop- pets now for good profits. Logan & Bryan, New Fork-Marke1 displayed a ;lrm tone throughout to day's session, with buying of n sub stantial sort in evidence in the coppers The strong statistical position of the. copper metal industry Is graduallv he cotr.lng generally recognlzod. with the result that many who heretofore have hesitated are now taking hold on the buylns side of the copperrv .'-'horts cov ered rather freely in the coalers and bought todaj but e fln o the volume of trading was restricted by the political news coming from the west. It Is not Improbable that the 00 u vi i,cf.f. tomor row at the Republican convention will be euch s to permit a more definite opinion relative to the outcome, bill of course the wees beginning with June 26 win also re ic.teresi Ing rom the stand point of pontics, hong' it maj he ),-' OS tO dissipate tlie lethargy which n.r.N characterized the Securities mnrkef for OUlte ;, peri, d Metal Market. Ti.e metal quotations for Wedriesdar, posted by McComlck & Co.. were foi lowe: Silver, 611c. lead, 14.40; copper. $17,174. ATTITUDE OF TIE OFFICIALS GIVEN, Interior Department to Keep Hold of Position Upon Mine Patents. REFUSE TO BACK UP Assert Position Which Mining1. Circles Feel Is Adverse to Industry. That there has been no change of j henrt a t Washington In the matter of patenting mining olalms, and that Ihe dc- partmenl of the Interior will not alter it1 1 nurse fr.mi the objectionable lines fully poinled out by The Tribune heretofore. is evident from a communication re ceived yesterday by Joseph I. C'lne, ;ec.! retary of the sail Lake Commercial club, from Congressman Howell. The com-i munlc.ttion was the result of the reso lutions p;i?sed b the Commercial club calling for ; remedy and Bquare deal for the prospector and miner Mr. Howell Mate In his letter that It Is too late now to secure remedial lelr-Utlon this session of congt'eps. but during the receps he will he In rinh 3?id Wjll .'.1 range fi,r a progrnmnie during the rtevf session lie encloses A Statement' from he interior department In which is contained a defense ni ittc attitude sumcrl by the department, and to Which the mining fraternity ohjects n-,,v:r round lv. The -tatement here, follws In full "Hon. Joseph Howell, House of FJep- J resenta t h " Dear Bis: Referring to a copv of reso lutions adopter) hv the Sail Lake sto k fir Mining; exchange reiaiie to proposed amendments of the statute-; regulatlnfl the dispost t io't of toe mineral in-.o- ol the T'oiteo States personally presented by yOUi the third resolution reads as fol lows . " 'Whereas, h department of ihe In- j terlor by these decisions revolutionary In 1 their effect has announced that It is no longer sufficient for the locator of a lode! mining ce.im before .-ecnrlnc patetnl to discover mineral-hearing rock In place hut that such locator must piove that ore of commercial value exists within I the llmlls of each and e-ery ca.ni he-! fore the deparime'M will pass -U'-h claimF, to patent ' Statute Is Cited. "This, it 1b believed, misconfttruec the recent decision of the departmeni In the! case of the F,asi Tinttc Consolidated mining claim tin L. D. 271 ) decided Sep-' temher n. inil fSection 2818, Revise.-! Statutes, ro serves from sale, except a otherwise e- 1 pressly directed by law. all 'lands vaiu-i able for mineral.' Section Rev'isrd Statutes, declares thnt 'all valuable mlii-l oral deposits' are free and open to ex ploration and purchase. Section 2320 prov ides : "'Mining claims npem veins or lodes of Quartz or other rock- in place bear ing cold sliver, clnnahni': lend, tin, cop per or other vniiiabie deposits, heretofore locate, shall he governed as to length along the vein or lode by the customs, regulations anl laws In forcp al the .late' of their location A mining claim lo-1 caterf after t h tenth dav of May, 1872,1 whether located bv one .or more persons, may equal, but shall not exceed, ivinj feci in length along the vein or lode; hut1 no location of a mining claim shall hej made until th discovery of the vein or, lode within th- limits of the claim lo cated.' "UnileT the above provision': it Is clear; that there must he a discovery r.f a vein' or tod containing a valuable mineral de posit "in TCasf Tintlc Consolidated mining claim the department held nt pa- 273: " 'Bv the term, "v ein or lode." as used I In the foregoing, the departmeni is not to he understood as having in mind! merely a typical fissure or contact vein,: hut rather any fnlrly well-defined SOna or heii of mineral-bearing rock In place.' "It Is evident from the record before j n-ie departmeni that the deposits alleged to have been eoosed on these claims ace, regarded by the applicant as possessing practically no economic value, hut that , on the other hand title to the claims Is sought essentlall-v on account of tl possible value for certain unexposed posns supposed 'o e- isi at considerable depth beneath the surface, and havlngl DO connection. SO far as shown, with any deposits appearing on the surface. t expostire, however, of substantially worthless deposits on the surface of a claim; Ihe finding of mere surface indi- ration? of mineral within its limits; the discovery of valuable mineral deposits outside the claim , or deductions from I established g-ooc ic.-( f;(cts relating to It. one or all of which matters may rea sonably give rise to a nope or belief, how ever strong it may be. that a vnluable mineral deposit ovists within the claim. Will neither suffice .is 8 discovery there on, nor be entitle, tO be accepted as the equivalent thereof. To constitute n valid discovery upon a claim for which patent is sought there must be actually and phv.-jcalh exposed within the limits thereof a vein or lode of mineral-bearing I ro.-k in place, possessing- in and of ii-l self a present or prospective value for mining purposes; and before patent can properly he Issued or entry allowed there-, on, that fact must be shown In the man ner above slated. Called Evolutionary. "This was not a holding that there mu.-i be a discoveiry of ore of commercial 1 valu.-. The conditions present were, as! found bv the department, that upon the Surface there fo slight mdi. ntlons. of minevai such a.- would not warrant a rea-1 Ronahly prudent man in spending ills' time ana money in an effort to extract mineral, but the geologic conditions v. ere Stlch us to Indue- the hlief that at 0 greater depth there vas a valuable de posit of mineral. Such a belief. It was he'd, could not be accepted as a discov ery. The decision was not revolutionary hut was aii evolution from the prior de - 1 cisiona anri regulations of the departmeni It Is proper to stn thai a motion for te- n earing in this case has been filed an,i that there are other cases pending in volving like questiona "In tho case Ol ihe Sliver Jennie lode j (' L,. D., 6) it appeared that there was, a vin or lode upon adjoining ground wh.-h the applicant for patent believed to cMend into the Silver Jennie claim, but it. had not been actually disclosed and on!d not he disclosed without a great deal of additional development, en tailing a huge expenditure The depart ment, however, was of the opinion that this was insufficient as evidence of di oovery, end held: "Evidence a to the discovery of the alleged vein or lode should ie furnished showing the plac whore and when such discovery was made, ihe genet, direc tion of til lode or vein, and all the ma terial fat In relation ih.-rt-to, , evidence shoold be clear and positive nd based on actual knowledge and the' wit nesses' ineann of information be clearly ret forth. The case of Castle v Wamble (It L D 46t) laid down a rule which bs plnco bnt-n followed by the department, and has been quoted with approval by th cot-.iv its syllabus reads: "A mineral discovery, sufficient to war rant tne lot ithui of a mining ' laim. and the evidence shows that a person of or dlnary prudence would he justified In the further expenditure or , labor and means, with reasonable prospect of success tn developing a valuable mine. "Tho department ha consistently held that a mre bellaf Is not equivalent to a discovery; aJso th fact that land Is ra- I Vs Gray's Men's ShepJ Off In Hotel Utah Of I J I Sale SsM OUR ENTIRE STOc of This Season 's Choice Suits for Men I; Are Now on Sale at I Vi OFF AtolL r the REGULAR PRICE M fc Gray's clothing has always Jm been known as superior in VpyJM style, quality and tailoring, "01 We can't carry these clothes over- lilW K we must have fresh stock each sea- JJ 'Mmi$aJ f son. First come, first served. All Km Mfm!M I Dress Suits and Tuxedo Suits; all fcM yMVw I IAorfolk Jacket Suits: aU English MM WfWkW W Suits; 2-piece Suits; 3-piece Suits; mM A-'imm W Blue Serge and Black Suits. None UWi iF $20.00 Suits $13.35 flBI P $25.00 Suits $16.70 1 Will I $30.00 Suits $20.00 ill I I $35.00 Suits $23.35 lB M E $40.00 Suits $26.70 Iff 11 I $45.00 Suits $30.00 f 1 1 Gray Bros. & Co. HgB MjkZM ?ew store jm, - :--iuf -: In Hotel Utah turned as mineral does not ohvlate the necessity of a discovery. (Reims v. Murray ' 12 L. D.. 109.) "in Henderson et al. v. Pulton L. D.i 662) the department considered a definition of the word vein or lode. At j)Hge 606 it quoted Justice Pield'a lan guage in Qureka Consolidated Mining company v-. PJ.-hmond Mining cOmpany r I Sa wyer 302 1 . "The min era made tl n definition first. As used by miners, before hetng defined by any authoritv. the lerm lode simply meant that formation by which the miner could lie led or guided -, il IS in alters - Hon of the verb led: and whatever the miner could follow, expecting to lind ore, whs his lode "The difficulty In the East Tlntlc cr4je was. as found by the department, thai the formation disclosed w.is not such as to load the miner to find, or expect lo find, any d"posH of ore therein, but that the only real Indication Of a valuable mineral deposit being found In that l?nd vat his belief founded upon the geologic conditions and mining development "( the district. "Paragraph n of th mining regula tion" adopted larch IOoO: "The vein or lode must he fully de scribed. th description to include a state ment as to the ind and character of mineral the extent thereof, whether or has been ex t meted and of what amount and value, and such other facts as will support the applicant's allegation that the laini contains valuable mineral de posit. Prior to the sdbptlon and enforcement of this regulation, ihe evidence of the existence of a vein or lode was in the greatest percentage of case? ihe ax parte showing of ft-e appltcanl for patent, whlcM frequently was perfunctory In character. The ?'-'-eptaiice of such showings by the land office nnddubtedly ted to the issu ance of patenis for mining claims upon w.hleh 110 discovery o a vein or lode had In fSct been made It t rather the en- forcemenl or the e-i.itng law requiring the discover-.- of vem or lode, than ny Change In the department's regulation.? thereof which has caused the difficulties which gave rise to the adoption of Jhe resolutions by the mlnio? echatige. New Legislation N'icied. The department it; of the opinion that legislation, supplemental to 'he present mining statute, u advisable. There are areas of puhi- lauds in which mineral deposits are believed to be contained, bul which, if there, lie at gteat depth and upon which dlSCOVerlei cannot he ui.de without large expenditures, while under the nvlstlntr 'aw .i valid o.-.-. t i.n cannot he made until a discovery has been a"- oniplished and the prospector 1 there fore not hilly protected The depart -,ment believes that legislation should be enstcted authorising It to nrant permit giving an Individual, or Individuals, the exclusive right to prospect a certain tract of public land for the mineral it Is thought to contain for a limited oerod Of time. Such legislation should contain provisions requiring a certain amount of annual development work as an earns si of good faith, restricting the area and the number of claims that could he held under such A permit, and requiring wif'-i-tii a limited period of time th purchase or ieae from the United states of the mineral d.-poslts retaining the fee ,,f the bind m the United states, which c.-uid then dispone of the surface as conditions might warrant This legislation nn tv..ii supplement senate hill N.. HIM, now pending before the Hcnnte. which In brief, .in to future locations, abolishes evtralateral rights PMUlreS notices of lo cation to he alSO fllcrl for recr.r.l with the resist rr anl receiver of the propel land c fe.ee and also requires final ontr" and payment tn be mad- in eev,i ears from the date of the location. "Very respectfully. "(Signed) PAMV15L C. ADAMS, "First Aeelstsnt SearetArj'.' I ALTA CON. SELLING MORE RICH PRODUCT Or top of having received a check few days ago for $86 39.3 5 for a Id of sixty-four tons of ore, which represents th smelter-net value of same, the Alta i onsolldated company has another lot now being sampled, n i id another lot is to be dosed bj tonight or the following morning at ihe latest The company has an even dozen teams hauling Its ore down the Little c'ottonwood road, and the mine is in such eood shape that as many more teams as the management can get together will not have arr.- loaf ing time these bright summer days. Nevadas in S.in Francisco. lames A. Pollock Co.. bankers and brokers, furnish the following, received over their private wire yesterday after noon I Bid. 'Asked' Goldfleled l Columbia Mountain $ .04 .ininho Extension .36 .36 Booth .08 I Silver Pick .11 ,12 Lone Star I .04 .... Oro I .04 I AtlantH .21 j ,23 j r;rea t Bend I .04 7. Ploranee I I D' QeUJ- B. B. Cons 1 .07 ".oidfteid Daisy I .ns 1 "omhlnatloti Fraction ... 13 ' r, Kewanos .06 Spearhead .05 .,"' OoldHeld '""on 4 3s c. o. p ;io Merger Mines ,31 Comstock Opnir I l n;j i.i2j Mexican 2.724 2 77 v Gould - r urry I .0; Ips ("onsohdated Virginia . .. .54 I '55 Savage I j- ! " I Male 5- .Vopeross 1 10 Belcher 4 ;;;;;;; Confidence I .45 Sierra Nevada I .11 Union I .54 Challenge , ' no PotoFt ' y'll'' Tonopah Montana Tortnpah ' I.2S MacNamara .24 " 'j Mtdway 1 ' 43 1 Tonopah N'nnh Star .... 1 5 I Weal i:nd "on 1 mj...,M; 1 Rescue . jg 1 Jltn Butler f " Merger 55 j " jg" Boston Tonopah : . 03 Idonarch Pitts, ex .11 . , U mat III . I .04 1 "og Halifax . . I , 40 . ..... Manhattan Manhattan Con 1 .20 G. Wedge j .07 '"".OS Dexter OS n5 Mustang .A5 '07 Bit; Four 44 Mlm rni Hill Con 03 ".;" White Caps 'jj Other Districts Vcvada Hills 3 no Pittsburg Bllver Piak ... 1.2B ..! I Kagles Nest ,03 (., Round Mountain . 40 1 '. . ". '. '.. 1 San Francisco Oil Stocks. James A. Pollock & Co . bankers, and brokers, furnish the following, receive! over their private wire vesterday after noon : I Bid. lAsked. Associated OU 'u.:io $ Caribou J 1,.,.,, t'laremont j .(5J Men t e Oris t o J 1.30 Nevv Pennsylvania 1 40 Silver Tip or, S. W. & B ,?0 .... .. Turner 5 JTc i wesie! FUEL (I sssBBBBMPssaBHsaaH Agents for fe; Ming C (Utah's Best Proikp 73 , MAB Telephones Imk stocks, soNDS,m PROVISIONS, CiWi James A. PoDoiK BANKERS AND """jM Duplex Sy6tem-On-J St.- 'ks ; , n " :K ' Speclahsts ?&p2FM d ',: v- trie boay aPVn? SB Dept- COMMERCIAL ... hVSssssi. S;l. ifm and farther Pj office. Hotel L