Joseph McKenna

“ The enumeration, it is urged, in the stipulation, of certain acts, cannot be considered 'to have been intended to be exhaustive, but merely illustrative of what the parties considered necessary to make a valid location or relocation,' and there was left open only the failure of plaintiffs to do the assessment work. And this, it is insisted further, was the construction of the parties through two trials, and that its insufficiency is now urged in the face of that fact, and that defendants have expended money upon the faith of the waiver of the defect in the location notice. ”

“ The section gives to the miners of a mining district and the state or territory in which the district is situated the power to make regulation 'governing the location' of a mining claim, subject to certain requirements. Those requirements may not be dispensed with, but they may be supplemented, certainly to the extent (and we need go no farther in this case) prescribed by the Arizona statute. It is a provision strictly 'governing the location,' and is not repugnant either to the spirit or the letter of the mining laws of the United States. ”

“ The cross complaint further alleged that the title of the plaintiffs was derived from Scott Turner, but that plaintiffs had no title, by reason of the fact that the annual assessment work had not been performed, that the ground was open to relocation, that before work was resumed Daley entered upon the land and duly located it as a mining claim, and performed all acts required to perfect the location prior to any attempt of the plaintiffs to resume work thereon. All of the separate defenses pleaded were made part of the cross complaint. ”