Waymire

This is an appeal by the plaintiff Waymire from an order dismissing the action in the lower court for lack of diligent prosecution, and from the judgment entered thereon.

The facts appearing in the order of dismissal show that on June 23, 1913, defendant California Trona Company filed in the United States Land Office, at Independence, Inyo County, California, its application for a patent to certain placer mining claims in San Bernardino County, and published notice of the application in the “Randsburg Miner” for sixty days, in accordance with section 2325 of the Revised Statutes of the United States, [U. S. Comp. Stats. 1916, sec. 4622; 5 Fed. Stats. Ann. 31], and said sixty days expired on August 27, 1913. On August 25, 1913, plaintiffs filed their adverse claim, which must be filed during the period of publication, and which stayed all proceedings on defendant’s application in accordance with section 2326 of the Revised Statutes of the United'States [U. S. Comp. Stats., sec. 4623; 5 Fed. Stats. Ann. 35], until the controversy between the parties should have been settled by a court of competent jurisdiction, or the adverse claim waived. Such claim would be waived, according to…