Abstracts of Current Decisions on Mines and Mining: May to August, 1917 Page: 26
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DECISIONS ON MINES AND MINING.
group under the proviso of the Pickett Act, unless the occupant is
diligently prosecuting the work leading to a discovery on each of the
claims of the group. The group development and annual assessment
labor under one act can not supply and take the place of the diligent
prosecution of work leading to a discovery required under the other
United States v. Stockton Midway Oil Co., 240 Federal 1006, p. 1010.
FAILURE TO MAKE DISCOVERY-WITHDRAWAL ORDER.
The locator of an oil claim who had not made a discovery of oil
prior to September 27, 1909, the date of the President's withdrawal
proclamation, and upon lands withdrawn by such proclamation, but
who subsequently discovered oil and drilled and operated producing
wells may not be protected and may be liable at the suit of the Gov-
ernment for the value of the oil produced, but a court will not enjoin
the operation of such wells because of the inevitable damages resulting
from a suspension of operations and will not appoint a receiver where
the parties are able to respond in damages and will give bond as
required by the court.
United States v. Dominion Oil Co., 241 Federal 425, p. 426.
WORK LEADING TO DISCOVERY-GROUP CLAIMS.
The owner or occupant of a number of oil claims on which no dis-
covery of oil has been made may hold the same under the proviso of
the Pickett Act, if he is in possession and in the diligent prosecution of
work on each of the claims leading to a discovery. But a contract with
a well driller by which wells are to be drilled on the claims in succession
and that contains a condition that if oil is not found on the claim
first drilled upon then no drilling is to be done on the other claims, is
not sufficient to hold the other such claims as against a withdrawal
United States v. Stockton Midway Oil Co., 240 Federal 1006, p. 1012.
GROUP CLAIMS-DISCOVERY AND DEVELOPMENT WORK.
The act of February 12, 1903 (32 Stat., 825), authorizes the annual
assessment work and improvements to be made upon one of a group
of oil claims not exceeding five, if the work tends to the development
or to determine the mineral character of the other claims of the group.
But diligent prosecution of work on one of a group of oil claims under
this act will not protect the other claims of the group on which there
has been no discovery as against a withdrawal order authorized by
the Pickett Act.
United States v. Stockton Midway Oil Co., 240 Federal 1006, p. 1009.
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Thompson, Joseph Wesley. Abstracts of Current Decisions on Mines and Mining: May to August, 1917, report, December 1917; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc38745/m1/40/: accessed April 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.