State ex rel. Four Corners Exploration Co. v. Walker

• Citation: 292 P.2d 329,60 N.M. 459,1956 NMSC 10
• Decision Date: 16 January 1956
• Docket Number: No. 5975,5975
• Parties: STATE of New Mexico, ex rel. FOUR CORNERS EXPLORATION COMPANY a copartnership composed of Irving Rapaport and F. O. Manol, Appellants, v. E. S. WALKER, Commissioner of Public Lands of the State of New Mexico, Appellee.
• Court: New Mexico Supreme Court

Page 329

292 P.2d 329

60 N.M. 459

STATE of New Mexico, ex rel. FOUR CORNERS EXPLORATION COMPANY a copartnership composed of Irving Rapaport and F. O. Manol, Appellants, v. E. S. WALKER, Commissioner of Public Lands of the State of New Mexico, Appellee.

No. 5975.

Supreme Court of New Mexico.

Jan. 16, 1956.

Nordhaus & Moses, Albuquerque, for appellants.

Richard H. Robinson, Atty. Gen., William O. Jordan, Sp. Asst. Atty. Gen., for appellee.

LUJAN, Justice.

This is an appeal from a judgment of the district court of Santa Fe County quashing an alternative writ of mandamus theretofore issued. The proceeding involves the right of the petitioner to have the State Land Commissioner accept certain lode mining location notices tendered to him for filing in his office, and thereafter have him issue permits to said petitioner to prospect for ores or metals within the limits of said locations, pursuant to Sec. 7-9-4 of the 1953 Compilation, which reads as follows:

'Subject to the provisions of this chapter, any person may make locations upon, and have the right to prospect lodes or deposits as hereinabove in this chapter described. Such locations shall be made in the manner prescribed by law applicable to the location of lode claims. A copy of any location notice made as aforesaid shall be filed in the state land office, for the filing of which a fee of one dollar ($1.00) shall be paid. Fees thus received shall be credited to the state lands maintenance fund. Upon filing of such copy the commissioner shall issue a permit to the locator granting him the exclusive right to prospect for ores or metals within the limits of said location for a period of ninety (90) days from date of said location.'

The petitioner will be hereafter referred to as the relator and the State Land Commissioner as the respondent.

The alternative writ of mandamus alleges:

'1. That on or about the 18th day of December, 1954, Relator made lode mining locations in accordance with Section 7-9-2, New Mexico Statutes Annotated, 1953 Compilation, upon certain public lands of the State of New Mexico situate in McKinley County, which said lands are more particularly described in Relator's Exhibits I to VII, inclusive, attached hereto and made a part thereof; that on or about the 10th day of January, 1955, Relator made a lode mining location in accordance with the said Statutes upon certain public lands of the State of New Mexico in said county, which said lands are more particularly described in Relator's Exhibit VIII attached hereto and made a part hereof; that on or about the 11th day of January, 1955, Relator made lode mining locations in accordance with the said Statutes upon certain public lands of the State of New Mexico situate in said county, which said lands are more particularly described in Relator's Exhibits IX to XII, inclusive, attached hereto and made a part hereof.

'2. That subsequently and on or about the 12th day of January, 1955, copies of said location notices were duly filed for record in the office of the County Clerk of McKinley County, New Mexico.

'3. That thereafter on the 17th day of January, 1955, duplicate originals of such location notices copies of which are marked Relator's Exhibits I to XII, inclusive, and attached hereto and incorporated herein by reference, were tendered to the respondent for filing, pursuant to Section 7-9-4, New Mexico Statutes Annotated, 1953 Compilation, together with the sum of $12.00 as filing fees. That Relator complied with the statutory requirements then in effect and with the pertinent rules and regulations made and adopted by Respondent in making said lode locations and in tendering copies of said location notices for filing in the office of Respondent; that nevertheless upon such tender Respondent refused to accept said location notices for filing and returned the same, together with the sum tendered as filing fees to Relator.

'4. That Relator has made discovery of uranium-bearing ores in rock in place on the lands described Exhibits I, II, IV and V attached hereto and has reason to believe that all of said claims contain deposits of uranium ore in rock in place; that all of the known occurrences of uranium-bearing ores in the Grants Mining District, in which District said lands are all located, are of ore in rock in place and are lode deposits as distinguished from placer deposits of such ores.

'5. That no valid mineral leases or prospecting permits were outstanding pertinent to the lands described in said location notices at the time Relator made said lode mining locations or at the time the copies of said location notices were tendered to Respondent for filing; that no prior valid lode mining locations had been made on said lands hereinabove mentioned, and that there are no conflicting lode claims to said lands; that Respondent had no discretion to do other than to accept and file the said location notices; that the law specifically enjoins Respondent to perform such act as a duty of his office; that nevertheless Respondent refused and continues to refuse to accept and file the said location notices.

'6. That on or about February 9th, 1955, Relator,...