Samuel Freeman Miller

“ It was not the intention of the federal government to permit owners of placer mining claims to obtain title to known lodes or veins of mineral ore by embracing the same in applications for patents to such placer claims unless specially designated as lode veins in such applications. The exceptions in a patent are to be construed most strongly against the patentees, and the exception includes not only lodes known, but also those claimed, to exist within the placer at the date of the patent. ”

“ When the applicant for a placer patent is at the time in possession of a vein or lode included within the boundaries of his placer claim, he shall state that fact, and on payment of the sum required for a vein claim, and 25 feet on each side of it, at $5 per acre and $2.50 for the remainder of the placer claim, his patent shall cover both. (2) It enacts that where no such vein or lode is known to exist at the time the patent is applied for, the patent for a placer claim shall carry all valuable mineral and other deposits which may be found within the boundaries thereof. ”

“ No other ground is perceived upon which defendants may assert title or right of possession to the place in controversy, and therefore they are to be regarded as naked intruders, and as to such intruders the plaintiff's placer title may give a right of possession and recovery. ”