Henry Billings Brown

“ The court further held that where 'the locator himself selects the discovery shaft, as the one in which the discovery of mineral has been made, and there posts his location stake, and bases his location upon such discovery, he may not, after intervening rights have attached, abandon and disregard the same, neglect to comply with such provisions, and select another discovery upon which his location was not predicated.' [74 Pac. 463.] ”

“ Plaintiffs did not claim by virtue of a discovery of their own, but by virtue of their knowledge of the existence of a vein within the surveyed limits of that claim, though several hundred feet distant from the discovery shaft of the Eulalia, which he, McMillen, together with his co-owner, had previously discovered in the process of its development; and insisted that this knowledge was equivalent to an actual discovery by him of a vein within the Eulalia location. ”

“ Stat. § 2326 (U.S.C.omp. Stat. 1901, p. 1430) , to try adverse rights to a mining claim, does not necessarily involve a Federal question, so as to authorize a writ of error from this court. Bushnell v. ”