Part 89 (1/2)

”Is there any real mineral there?” inquired Thorne.

”Not that anybody ever heard of,” said California John, who was himself an old miner; ”but gold is where you find it,” he added cautiously.

”How's the timber?”

”It's the best stand I've seen in the mountains,” said Bob.

”Well,” observed Thorne, ”of course it wouldn't do to say so, but I think we've run against the source of our opposition in the Samuels case.”

”That explains Erbe's taking the case,” put in Bob; ”he's counsel for most of these corporations.”

”The fact that this is not a mineral country,” continued Thorne, ”together with the additional considerations of a thousand claims in so limited an area, and the recent date, makes it look suspicious. I imagine the Modoc Mining Company intends to use a sawmill, rather more than a stamp mill.”

”Who are they?” asked California John.

”We must find that out. Also we must ourselves ascertain just what colour of mineral there is over there.”

”That ought to be on the records somewhere already,” Amy pointed out.

”Plant's records,” said Thorne drily.

”I'm ashamed to say I haven't looked up the mineral lands act,”

confessed Bob. ”How did they do it?”

”Well, it's simple enough. The company made application under the law that allows mineral land in National Forests to be 'freely prospected, located, developed and patented.' It is necessary to show evidence of 'valuable deposits.'”

”Gold and silver?”

”Not necessarily. It may be even building stone, or fine clay, limestone or slate. Then it's up to the Forest Officer to determine whether the deposits are actually 'valuable' or not. You can drive a horse and cart through the law; and it's strictly up to the Forest Officer--or has been in the past. If he reports the deposits valuable, and on that report a patent is issued, why that settles it.”

”Even if the mineral is a fake?”

”A patent is a patent. The time to head off the fraud is when the application is made.”

”Cannot the t.i.tle be upset if fraud is clearly proved?”

”I do not see how,” replied Thorne. ”Plant is dead. The law is very liberal. Predetermining the value of mineral deposits is largely a matter of personal judgment. The company could, as we have seen, bring an enormous influence to bear.”

”Well,” said Bob, ”that land will average sixty thousand feet to the acre. That's about a billion and a half feet. It's a big stake.”

”If the company wasn't scared, why did they try so hard to head us off?”

observed California John shrewdly.

”It will do us no harm to investigate,” put in Bob, his eye kindling with eagerness. ”It won't take long to examine the indications those claims are based on.”

”It's a ticklish period,” objected Thorne. ”I hate to embarra.s.s the Administration with anything ill-timed. We have much to do straightening out what we now have on hand. You must remember we are short of men; we can't spare many now.”

”I'll tell you,” suggested Amy. ”Put it up to the Chief. Tell him just how the matter stands. Let him decide.”