Garula v. Udall
Citation | 268 F. Supp. 910 |
Decision Date | 26 April 1967 |
Docket Number | Civ. A. No. 8998. |
Parties | Fred GARULA, Plaintiff, v. Stewart L. UDALL, as Secretary of the Interior of the United States of America, Defendant. |
Court | U.S. District Court — District of Colorado |
J. F. Little and David C. Little, Denver, Colo., for plaintiff.
Lawrence M. Henry, U. S. Atty. for Dist. of Colorado, Richard T. Spriggs and David I. Shedroff, Asst. U. S. Attys., Denver, Colo., and Herbert Pittle, Atty., Dept. of Justice, Washington, D. C., for defendant.
In an adversary proceeding instituted by the Bureau of Land Management of the Department of the Interior pursuant to the provisions of Part 221, Title 43, Code of Federal Regulations, the Hearing Examiner declared null and void the Silver Spoon Lode Mining Claim, in Lot 1, Section 3, T. 4 S., R. 72 W., of the 6th Principal Meridian, in Clear Creek County, Colorado, because "no discovery" had been made. Upon appeal, the Examiner's decision was affirmed by the Assistant Director of the Bureau of Land Management and the Secretary of the Interior acting through the Assistant Solicitor for Land Appeals. The matter is now before the Court for review.
The Court concludes that the decision of the Examiner and its affirmance is founded on an erroneous interpretation of the legal requirements of "a discovery" and the decision must, therefore, be set aside.
The applicable statute, 30 U.S.C. § 23, provides: "* * * no location of a mining claim shall be made until the discovery of the vein or lode. * * *" (Emphasis supplied.)
The Supreme Court in Chrisman v. Miller, 197 U.S. 313, 25 S.Ct. 468, 49 L.Ed. 770 (1905) and Cameron v. United States, 252 U.S. 450, 40 S.Ct. 410, 64 L. Ed. 659 (1919), established the requirements of a discovery to be:
That there was a discovery of minerals within the boundaries of the mining claim is not in dispute. The question before the Examiner was whether or not the minerals discovered were such as would justify a person of ordinary prudence in the further expenditure of his time and means in an effort to develop a paying mine.
Although the Examiner referred to the tests set forth in Chrisman and Cameron, supra, it is clear that in arriving at his decision he added additional tests and requirements to those established by Chrisman and Cameron, supra.
Thus, we find at page 11 of the Examiner's decision:
We find nothing in Chrisman and Cameron, supra, requiring such tests or imposing such restrictions.
The Examiner's interpretation of a valid discovery is consistent with what appears to be Bureau of Land Management policy:
"Although the Land Department still recognizes the prudent man test...
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Henault Mining Company v. Tysk, Civ. No. 634.
...not the law."12 In two recent cases in the District of Colorado, Snyder v. Udall, 267 F.Supp. 110, decided April 18, 1967, and Garula v. Udall, 268 F.Supp. 910, decided April 26, 1967, Judge Chilson, in setting aside decisions of the hearing examiners, Bureau of Land Management, and Secreta......
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Udall v. Snyder
...F.2d 190 (9 Cir. 1966). The trial court adopted reasoning similar to that of the Ninth Circuit. Cf. companion decision, Garula v. Udall, 268 F.Supp. 910 (D.C.Colo. 1967), today reversed, 405 F.2d 1181 (10 Cir. 1968). The Supreme Court now makes it plain to us that in the case at bar the Sec......
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Udall v. Garula
...held that the Secretary had applied an erroneous test of mineral discovery, and set aside the administrative ruling. Garula v. Udall, 268 F.Supp. 910 (D.C.Colo.1967). Reversed on the authority of United States v. Coleman, 390 U.S. 599, 88 S.Ct. 1327, 20 L.Ed.2d 170, decided April 22, 1968, ......