Cloninger

Cloninger v. Finlaison

Good Law
144 C.C.A. 396·230 F. 98·4 Alaska Fed. 375·1916 U.S. App. LEXIS 1434
United States Court of Appeals for the Ninth CircuitFebruary 7, 1916No. 2595California878 words

Opinion

Lead Opinion

Gilbert, J.

(after stating the facts as above).

We find no error in the exclusion from the evidence of the plaintiff’s certificate of location. The Session Laws of Alaska, approved April 30, 1913, among other provisions require that, within 90 days from the date of discovery, the locator shall record with the recorder of the precinct in which the claim is situated a certificate of location, and that the certificate, among other things, shall set forth a description of the location of the claim with reference to “some natural object, permanent monument or well-known mining claim” (Laws 1913, c. 74, § 10), and that the certificate shall not be accepted for record by the precinct recorder unless it be verified by the recorder. There is a further provision that, if the discoverer of a placer deposit shall fail to comply with any of these requirements of the law, his right by reason of his discovery shall cease (section 11). The plaintiff’s certificate declared that the name of the claim is “No. 1 Bear Creek placer mining-claim,” that it is situated in the White River mining district, territory of Alaska, and that “Bear Creek is tributary to Big Eldorado.” There was no verification to the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.