



MINERAL LANDS WITHIN RESERVES. 193 



to show this fact beyond question. If the land con- 



tains gold or other valuable deposits in loose earth, sand, or 

 gravel, which can be secured with profit, that fact will satisfy 

 the demand of the Government as to the character of the land 

 as placer ground." (Royal K. Placer, 13 L. D., p. 89.) 



An actual discovery of mineral is a prerequisite to the location of 

 a mining claim. 



A certificate of the location of a mining claim can not be accepted 

 as establishing the mineral character of a tract in the absence 

 of other evidence showing an actual discovery of mineral. 



The existence of gold in nonpaying quantities will not preclude 

 agricultural entry of the land. (Etling et al. ?. Potter, 17 

 L. D., p. 424. Syllabus.) 



Some few pieces of asphaltum were found, but the principal result 

 of what little prospecting and developing have been done is 

 the rinding of "indications" of mineral, and it can not be 

 said that the indications found on these lands in section 21 of 

 oil and asphaltum demonstrate that there is a permanent de- 

 posit of these minerals which will pay to work. (Tulare Oil 

 & Mining Co. r. Southern Pacific R. R. Co., 29 L. D., p. 272.) 



Where mineral is found, and it appears that a person of ordinary 

 prudence would be justified in further expenditures with a 

 reasonable prospect of success in developing a mine, the land 

 may be properly regarded as mineral in character. (Walker 

 v. Southern. Pacific R. R. Co., 24 L. D., p. 172. Syllabus.) 



Land must be held non mineral where no discoveries of apprecia- 

 ble value have been made, and it does not appear that a 

 further expenditure would develop the presence of minerals 

 in paying quantities. (Reed et al. v. Lavallee et al., 2(3 L. D., 

 100. 'Syllabus.) 



A single discovery is sufficient to authorize the location of a placer 

 claim, and may in the absence of any claim or evidence to 

 the contrary be accepted as establishing the mineral character 

 of the entire claim sufficiently to justify the patenting thereof, 

 but such single discovery does not conclusively establish the 

 mineral character of all the land included in the claim, so as 

 to preclude further inquiry in respect thereto. 



The entire area that ma}' be taken as a placer claim can not be 

 acquired as appurtenant to placer deposits which are shown 

 to exist only in a portion thereof. 



Where a part of the area embraced within a placer entry, in this 

 instance twenty acres, is shown to contain no valuable min- 

 eral deposit subject to placer location, such part of the claim 

 will be excluded from the entry. (Ferrell et al. v. Hoge et al., 

 29 L. D., p. 12. Syllabus.) 



Deposits of fine clay or kaolin, being nonmetalliferous in character, 

 are properly subject to entry as placers -and not as lode claims. 

 (The Dobbs' Placer Mine, 1 L. D., p. 565. Syllabus.) 



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