Yosemite Gold Mining & Milling Co. v. Emerson

Citations

• 208 U.S. 25
• 28 S. Ct. 196
• 52 L. Ed. 374
• 1908 U.S. LEXIS 1419

Syllabus

<p>The object of requiring the posting of the preliminary notice of mining claims is to make known the purpose of the discoverer and to warn others of the prior appropriation; and one having actual knowledge of.a prior location and the extent of its boundaries, the outlines of which have been marked, cannot relocate it for himself and claim a forfeiture of the original location for want of strict compliance with all the statutory requirements of preliminary notice.</p> <p>The determination by the trial court that the locators of a mining claim had sumed work on the claim after a failure to do the annual assessment work, required by § 2324, Rev. Stat., and before a new location had been made, and the finding by the highest court of the State that such determination is conclusive, do not amount to the denial of a Federal right set up by the party claiming the right to relocate the claim, and this court cannot review the judgment under § 709, Rev. Stat.</p> <p>¿¿ucere and not decided, whether a forfeiture arises simply from' a violation of a mining rule established by miners of a district which does not ex- ■ pressly make non-compliance therewith work a forfeiture.</p>