Callahan v. James

Citations

• 7 Cal. Unrep. 82
• 71 P. 104
• 1902 Cal. LEXIS 912

Syllabus

<p>Public Lands — Townsite — Construction of Statutes.— Revised Statutes of the United States, section 2322 (U. S. Comp. Stats. 1901, p. 1426), confers on the locator of a mining claim a possessory title. Section 2324 (U. S. Comp. Stats. 1901, p. 1426) requires such locator to do a certain amount of work annually. Section 2386 (U. S. Comp. Stats. 1901, p. 1457) subjects townsite titles to whatever possessory right in the locator is recognized by local authority, as does also Statutes of 1867-68, page 696, section 10, so long as the locator shall comply with the laws. Section 2392 (U. S. Comp. Stats. 1901, p. 1459) provides that no town lot title shall be acquired “to any mine of gold, silver, cinnabar or copper, or to any valid mining claim or possession held under existing laws.” Section 2387 (XT. S. Comp. Stats. 1901, p. 1457) authorizes townsite lands to be conveyed to occupants, and the balance to be sold, or otherwise disposed of. Held that, construing section 2302 (U. S. Comp. Stats. 1901, p. 1459), in the light of previous legislation which it embodies (Acts March 2, 1867, '14 Stats. 541 (U. S. Comp. Stats. 1901, p. 1460), and June 8, 1868 (15 Stats. 67), showing that the intent was merely to confer on mining titles acquired from the United States the same superior quality given by section 2386, enacted' March 2, 1865 (U. S. Comp. Stats. 1901, p. 1457), to those recognized by local authority, and construing it also in view of section 2387 (U. S. Comp. Stats. 1901, p. 1457), showing an intent that the entire townsite be disposed of, and also in view of its own wording, the clause, “or to any valid mining claim or possession held under existing laws,” must be taken to refer to the possessory title conferred by section 2322 (U. S. Comp. Stats. 1901, p. 1425), and not to any mine subject to a valid claim or possession; and hence locators, whose claim had been patented as a townsite, and who afterward failed to do the work required by section 2324 (U. S. Comp. Sta