Sam D. Rawson v. United States

The controlling question in this case is whether land purchased by the United States for a specific purpose is open to location under the general mining laws. In its complaint in the action the government asked that appellant be-, enjoined from further occupancy of a mineral claim he had located on government-owned land and from removing volcanic cinders therefrom. Damages were asked on account of materials already extracted. The trial court granted the injunction prayed and awarded damages in a small amount.

The facts are undisputed. In 1915 the Department of the Interior issued to one Stoller a homestead patent to 160 acres of land located in Secs. 13 and 24, Twp. 11 South, Range 12 East of. Willamette Meridian, in Oregon. This homesteaded area embraces within its limits - the 20-acre mining claim in question, which latter was located by appellant in 1951. In 1937, long prior to the location, the United States had purchased from the grantee of Stoller the 160-acre tract. The government’s purchases apparently included also other privately owned lands in the same sections, in other sections of the Township, and in adjoining Townships. The purpose of the acquisitions was to retire…