Name: Chambers v. Harrington — Opinion of the Court
Author: Samuel Freeman Miller

Quotes from Chambers v. Harrington — Opinion of the Court (Samuel Freeman Miller)

Samuel Freeman Miller, Chambers v. Harrington — Opinion of the Court

“ On all claims located prior to the tenth of May, 1872, ten dollars' worth of labor shall be performed or improvements made by the tenth day of June, 1874, and each year thereafter for each one hundred feet in length along the vein until a patent has been issued therefor; but when such claims are held in common, such expenditures may be made upon any one claim.' It then provides for proceedings in favor of co-owners who do their work or pay for it, against those who do not, to forfeit their interest in the claim. ”

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Source: Wikisource

Samuel Freeman Miller, Chambers v. Harrington — Opinion of the Court

“ But it is apparent that the statute requires a judicial proceeding in a competent court. What is a competent court is not specifically stated, but it undoubtedly means a court of general jurisdiction, whether it be a state court or a federal court ”

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Source: Wikisource

Samuel Freeman Miller, Chambers v. Harrington — Opinion of the Court

“ These mineral lands being thus open to the occupation of all discoverers, one of the first necessities of a mining neighborhood was to make rules by which this right of occupation should be governed as among themselves, and it was soon discovered that the same person would mark out many claims of discovery and then leave them for an indefinite length of time without further development, and without actual possession, and seek in this manner to exclude others from availing themselves of the abandoned mine. ”

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Source: Wikisource

Samuel Freeman Miller, Chambers v. Harrington — Opinion of the Court

“ The case has its origin in a proceeding under sections 2325 and 2326 of the Revised Statutes, to obtain a patent for mineral lands of the United States. The first of these sections requires that, after a discovery of a mine or lode, and the steps required to mark out and assert a claim to it, if the discovered desires a patent he shall give notice of that fact by a publication for 60 days, the nature of which is such as to call the attention to the proceeding of any one having an adverse claim. ”

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Source: Wikisource

Samuel Freeman Miller, Chambers v. Harrington — Opinion of the Court

“ Roby, decided at the present term, (109 U.S. 440, S.C.. 3 SUP. CT. REP. 301,) similar language is used: 'It often happens that for the development of a mine upon which several claims have been located, expenditures are required exceeding the value of a single claim, and yet without such expenditures the claim could not be successfully worked. In such cases it has always been the practice for the owners of the different locations to combine and work them as one general claim; and expenditures which may be necessary for the development of all the claims may then be made on one of them. ”

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Source: Wikisource

Samuel Freeman Miller, Chambers v. Harrington — Opinion of the Court

“ That said shaft is in such proximity to said Parley's Park mining claim that work in it has a tendency to develop said claim, and said shaft was located and intended for the purpose of developing all of said claims. ”

Samuel Freeman Miller

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Quotes from Chambers v. Harrington — Opinion of the Court (Samuel Freeman Miller)

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Samuel Freeman Miller

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Quotes from Chambers v. Harrington — Opinion of the Court (Samuel Freeman Miller)

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Get perspective with Kwize: daily news enlightened by great literature