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Elk City mining news. (Elk City, Idaho) 1903-1913, December 24, 1904, Image 1

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^^2^JTh e Year.
VOL. I. No. 52.
Good Work Done on Placer and Quartz in
That Well Known Camp.
1 Dixie, during the past summer,
has produced a good many rich
prospetcs. A great deal has been
done which will in the near fu
ture give Dixie a good pay roll.
The proving of the continuation
of the old channel will, before
next fall, show up much rich
placer. It has already been pro
ven beyond a doubt that the rich
placer of Dixie has not been
worked as yet. Danforth claimec
from the time of his settling in
Dixie that those gulches, Nugget.
Dixie, the Melhone Diggins and
Mr. Hazzlett's placer, could net
be the end of the pay dirt. He
spent a great deal of time follow
ing out these old diggings and
discovered that the same forma
tion continues on through the
heads of Sams and Straight creek
and entered the great basin just
above where Crooked Creel
makes its mighty leap for
the Salmon river. Danforth has
discovered by shafts that all the
park-like slopes which make out
from the Big Creek divide and
running in a southerly direction,
are high bars, well sprinkled
with placer golo. He located
much of these himself and is in
terested in many others. He has
Annual Labor and Relocation.
The question of the right of a
locator of a claim to profit by
his own negligence in failing jto
perform the annual labor" (or to
make improvements) required by
the Federal law is one which has
run the gauntlet of the courts.
The question as it came before
the Supreme Court of Utah was:
"Can the locator of a quartz min
ing claim, who has allowed his
location to lapse by failure to
perform the necessary work,
make a relocation or a new loca
tion covering the same ground?.
The court decided that such right
was recognized by the Circuit
Court of the Ninth Circuit (War
nock v. De Witt, 11 Utah, 324;
Supreme Court on appeals, for
failure to comply with Rule 10)
$ , and also by the Land Department.
Further, the fact that a prior lo
cator, after his right has lapsed,
may renew it by resuming work,
would appear to be a favor or
right granted to such prior loca
tor, but to deny him the right to
locate is to deny him the right
given to strangers. The case in
the circuit court referred to is
that of Hunt v. Patchin, 35 Fed.,
816, and that of the Land Depart
ment was a letter from Acting
Commissioner Holcomb to a man
\ in Leadville,'.Colo. The case of
I, Hunt v. Patchin does not seem to
I apply directly to the question,
that being a case wherein seven;
co-owners were concerned, and
I arose over an instance where ore
of a number of partners attempt
! ed to relocate for himself alone,
while excluding his copartners,
r In the inft^nce of Land Commis
■■ sioner, it was^t a litigated case,
ft but merely th^opinion of the
[ Commissioner, expressed in a let
B ter. that one of sevefarWlocators
» .

two water rights to these great
fields and is now putting in a
ditch in order to be ready when
the water comes in the spring.
This ditch will give him a head
of 200 feet. His cut for bedrock
flume is all dug and heavily tim
bered, and covered with poles so
no snow can bother him. The
ground he is to move next spring
has been cleared and made ready,
and the lumber for all his work
has been secured,
his work has been done blindly.
U1 of his ground has been thor
oughly prospected the past two
reasons while water lasted and
the cuts he has run and the holes
iug is a surprise. In every in
stance hç has found good pay
lirt. He and associates discov
ered and located twenty quartz
claims this year, and during the
coming summer, he expects to do
extensive work on some of them.
He got assays from these veins
running from $5 to $285.35, but
in no instance has he done any
underground work, or claims
anything „but surface showing.
Just below where Big creek en
ters Crooked creek he has a mill
site located where he expects to
install an electric plant for power
to use in mining.
None of
all of whom are in default, may
relocate in his own name, and
hold the claim adversely to his
former partners.
The Federal law makes discov
ery and location of a mineral vein
or deposit, the basis of the title
to such property, and subsequent
ly its development, by working
and improvement, as a condition
upon which it may be held. (Er
hardt v. Boaro, 113 U. S., 527,
532, 5 Sup. Ct. Rep., 560. )
Lindley on Mines calls attention
to another important phase of
this question, which is of partic
ular interest at this time, on the
eve of a new year, which is that
"the forfeiture is not complete
until a relocation has been made.
It is the entry af a new claimant
with intent to relocate the prop
erty, and not mere lapse of time,
.hat determines the right of the
original claimant. The right to
resume work before relocation by
another is evidence that the orig
inal estate is not wholly lost by
failure to do the work. (Larkin
v. Sierra Buttes G. M. Co., 25
Fed., 337, 343.)
The Supreme Court of Colorado
As between the lo
cator and the general government
the failure to do the annual as
sessment work does not result in
a forfeiture. In other words, it
is not necessary to perform the
annual labor, except to protect
the rights of the locator against
parties seeking to initiate a title
to the same premises. ' * * ' To
otherwise express our views, it
might be said that, after a valid
location, the title thus acquired
remains so, whether the annual
assessment work is performed or
not, until forfeited or abandoned.
(Beals v. Cone, 27 Colo., 473.)
4 4
has said;
' ' Forfeiture is not complete
until some one else has appropri
ated the property. " (McCarthy
v. Speed, 11 S. D.. 362.)
By location the locator is given
by the Federal laws from one to
two years (according to date of
making location) within which to
perform his assessment work.
Within this time his claim is valid
and no one can deprive him of it.
If at the expiration of the time
(end of the second calendar year
after date of location) he is per
mitted to relocate he may hold
the claim another period of two
years without work, and in this
manner, by making a relocation
biennially, he could hold the claim
indefinately without any work
whatever, which is clerely con
trary to the spirit of the law.
Annual work if performed as
required by the Federal statutes
(in addition to such further acts
as may be required by state or
territorial and local laws) secures
the locator in his title as against
all others, and if the locator has
failed to perform his assessment
work his claim is subject to re
location, which he can only pre
vent by resuming work before a
stranger enters upon the claim
for this purpose.
Unfortunately the Supreme
Court of the United States has
never passed upon this question,
but there is little doubt but that
the attempt to hold a claim in
definately or for any period longer
than that allowed by the statutes
by the mere act of relocation
would be declared noncompliance
with the laws and the claim sub
ject to relocation by a stranger.
—Mining and Scientific Press.
A Boston Enterprise
Maay and devious are the ways
of wary men who work the un
wary with meretricious mining
schemes, though seldom is much
notice given herein, as our read
ers are of the intelligent class
who need no exposure of dubious
measures. But a case just to
hand needs brief notice, as illus
trating the brazen nature of such
creatures. In Challis, Idaho, is
published a creditable local paper,
the Messenger, which tries to
have a good word for legitimate
mining development and has
justly earned a good reputation
for accuracy. A Boston firm,
trading in the truthfulness of the
Idaho paper, has issued a facsim
ile of the Challis Messenger, read
ing matter, advertisements and
all, calling it the Messenger, and
purporting it to be published at
Hallis, Idaho, but with 'booming'
notices of sundry mine prospects
of alleged value, that would not
find place in the paper that is
thus so flagrantly counterfeited.
The Challis paper proposes to
prosecute the enterprising Bos
ton gentlemen. Probably that is
what they want; anything for
notoriety. It certainly is natural
for a reputable paper to seek
some vindication in such a case,
but its proprietor cannot get any
substantial judgment for the
manifest injury done him, and
suit would only give them further
advertising. The United States
postal authorities could probably
be of most assistance in such
case.—Min. and Scientific Press.
Telephone Line to Orogrande
Wm. Hogan returned to camp
Thursday of this week on a fly
ing trip. He reports the machin
ery for his company as arriving
New York Company Organized to Operate i
Elk City District.
E. M. Aldrich of Spokane re
turned to Elk City last week from
New York where he has been for
several months on mining bus
iness. While there Mr. Aldrich
succeeded in placing a group of
sixteen claims with a New York
company, organized for the pur
pose of operating in this district.
The company is organized under
the laws of New York and has a
capitalization of 2,000,000 shares
with a par value of $1.00. The
new company starts out with a
paid up capital of $50,000, which
they figure will be sufficient for
all preliminary development and
the installation of a 100-ton plant,
from which point it is expected
the property will be self support
ing. A crew under Pat Murphy
began work Monday of this week
erecting winter quarters, and de
at Stites. He thought it probable
that Mr. Oliver would extend his
telephone line to Orogrande from
Elk City. "In any case," said
Mr. Hogan, "a telephone line will
be put in at once.
When asked how the camp
stood outside he said: "The out
Local Mining Notes of Interest.
Little Butte-Great Western
G. W. Widraeyer reports 125
feet of tunnel work tor the year
on the Great Western group of
four claims, owned by himself
and associates and situated on
Deadwood mountain. Also 65
feet of tunnel on the Little Butte
in the same locality, which makes
for the latter group a total of 400
feet, which is pretty good work
for a crew which for nine month
in the year consists of one man,
and two men for the other three
American River Developments
Late reports say that important
development work is being pros
ecuted on the Oro Grande group
of quartz claims, situated on the
American river about two miles
north-east of Elk City. The high
grade of ore mined on this prop
erty by sinking a shaft about
two years ago warranted more
extensive developments, which
are now being made by running
a tunnel which is to extend about
250 feet on the vein. C. Brinton
of Lewiston is the owner of the
property, and the work is being
done under the management of
C. E. Svenson of Elk City.
The Boyer Claims.
These claims were formerly
owned by the Galena Creek M.
& M. company, represented by J.
D. Boyer, but were recently sold
at auction by Sheriff Seay for
debt. M. J. Sweeny, brother to
Charles J. Sweeny, president of
the Federal company, bought the
property, consisting of a number
of very promising claims and a
10-stamp mill and other machin
ery. Mr. Sweeney has a force of
men at work clearing out the old
tunnels, drifts and stopes, pre
paratory to starting operations in
earnest in February
velopment work will begin im-.
mediately these are completed.
The property is situated on the
east fork of Crooked river, near
Orogrande, and was located by
J. R. Hutchison, who sold it to
the above company. The consid
eration was not given out, but it
is understood to be in the neigh
borhood of $20,000.
The company is composed of a
group of leading New York finan
ciers and men who stand high in
the councils of the Empire state,
and the president of which is
Hon. F. A. Schroeder, chairman
of the Board of Quarantine Com
missioners of the port of New
York, and who during a brief
visit here last summer made a
host of friends by his genial un
assuming manner.
E. M. Aldrich of Spokane is
resident manager.
side people are awakening to the
fact that Elk City district is all
right, A number of prominent
men have expressed the deter
mination of visiting the camp
soon." Mr, Hogan expects to
start up the new plant not later
than May 1.
Thinks Well of Dixie.
F. M. Meyers of Seattle, Wn.,
returned from Dixie Monday of
this ■week, where he put in sev
eral days inspecting property for
Seattle and eastern men. Mr.
Meyers expressed himself as be
ing generally pleased with the
country as far as his limited time
permitted him to see it. He did
not look for an extravagant boom,
but thought there would be a
strong, sustained movement of
capital in this direction if it were
not discouraged by any unreas
onable attitude of claim owners
in regard to prices asked for
property. "One thing I was
glad to see 1 ," said Mr. Meyers,
"and that was the absence of
'knockers.' I was led to believe
they were plentiful; but they
must have been weeded out, as I
did not meet one." Mr. Meyers
left on Sunday's stage.
The Baboon Placers.
A large reservoir and a new
cabin have lately been completed
on the Baboon placer mine, sit
uated about two and one-half
miles north-east of Elk City, pre
paratory to a profitable run next
season. The results of working
this mine in a small way the past
two seasons has proved the val
ues of the ground and the wis
dom of making more extensive
improvements, which will soon
be made by excavating a ditch
one and three-fourths miles in
length. This improvement, can
be made at a comparatively small
expense, and when completed
ill make this a valuable mine.
The Ben Hur.
Dr. Parks, who recently acquir
ed an interest, completed the as
sessment work on the Ben Hur
group this week, and expresses
himself as well pleased with the
showing. The work done shows
the ore body to be much more ex
tensive than at first supposed.

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