STEVES. tI. CARSON.
et al. v· .cARSON et al.
(Oircuit Oourt, D. Ootorado. July 1, 1890.)
MINES AND :MINING-PATENT-AnVERSE SUITS-LIMITATIONS.
Rev. Bt. U. S. § 2326, provides that. a suit upon an adverse claim to a mining locA.tion must be begun within 30 days after the claim is filed. Gen. St. Colo. 1883, p. 673, § 18, provides that, in case of failure of a suit from certain causes, the plaintiff' mav renew his suit at any time within one year. Beld, that the fact that an adverse suit had failed for a reason within the purview of said statute did npt authorize the· plaintifi' to begin another suit after the expiration of such 30 days, since said United States statute could not beafi'ected by state l.egislat.ion.'
At Law. On demurrer to complaint. Wilbon «Sti'1fl8on, for· plaintiffs. Porter Plumb, for defendants. Before and HALI,ETT, J J.
HALLETT, J. ' March 6, 1889, defendants applied in the land-office at Glenwoo4; Springs to enter the Star Lode claim in Pitkin: county, to a portion of which plaintiffs ,made adverse claim, May :10,,: 1889, under a location called the, "Jay Gould Lode.?l , This suit: w,as< broughtjn ,support ofJP!l April 29,1890,neni'ly one y.ear; after filing the adverse claim in the land-office. The act of congress (Rev. St. § 2326) plainly requires the adverse thirty days after filing hil; claim, to commence proceedings in a court of competent right of possession," and jurisdiction to determine this suit was not brought within that time. Plaintiffs aver, by way of excuse for the delay, that a suit in all respects similar to this was brought by them, in due time, in the districtcourt,Qf Pitkin county, which was afterwards dismissed by the court "for a matter of form," in that no .summons was issued within one month after filirig,the' complaint; and plaintiffs rely on a section ofthe statute oflimitations of the state (section 18, p. 673, Gen. 1883) which provides that, in case oitbe faii- ' ure of a suit from insufficient service,l;lnavoidable. ;ll.ccidelit, 'lind the like, plaintiffs may renew their sutt "at liny time withili one year after the ahatement or other determination of the original suit." This proposa,l to ingraft a statute of the state upon an act of congress does not appear to be within any recognized principle of construction. It is true that state statutes of limitation 'are often enforced in federal ,courts, when, l,ike other laws of the state, they enter into the contract, ,and become binding on the parties. But they have no a proceeding'fordisposing,Qf public land, of which congress has exclusive jurisdiction. In respect to the manner of making locations, it is provided in the act of congress that it may. be supplemented 'by looal i)aw, ,and the rules and customs of minerE'. ,But· iii proceeding in the landoffice, and, upon a controversy in that ofIice,suits.in court to settle the title are to be begun and conducted as declared in the act of congress, which fl\ust be as rull 'and complete on that subject., ' There'wereob",i,ous the application for title,when mac;le.illthe
FEDERAL REPORTER ,
land-office, should be carried to a speedy determination. In the case of agricultural lands, controversiesJasto' tne ownership were settled in the land-office. But this practice was always unsatisfactory; and so, in the act now under conSideration, it was piovidedthat, iIi case of adverse claimants to the sRln(;l, tract of mineral land, the parties shall go into acon1.'tiOfeompetent jurisdiction, where, from the orderly course of esbetter, results may be expected. Promptness and diligence,uHJuch matters is of the greatest importance to all concerned; and that the'!adv.erse. claill,1ant in. the 'land-office must begin suit to settle the title within 80 days from the time offiling his adverse claim, and he must prosecute the suit reasonable diligence. There is no exception as to the claimahtwhomay be beyond seas, or under disability of any kind, or who mayfuiltoact from inadvertence or other cause. The suit must be brought . within the time specified, and it mnst be prosecuted with reasonable diligence. The act says: "And a failure so to do shall be a waiver of his adverse claim." ThiSadtadmits of no 'additiejD 6r'llIodificlttionfrom; the statute of the stale; 'andi where, as in this instance, .the claimant commences suit in due and is cast in his suit, he is without remedy, except such as may bEiobtained in the 'same suit on appeal or wtitof erior. The demurrerwill be sustainedyand judgment of dismissal will be entered.
OALDWDioL,. J .,concurs.
3893,_ amended by act of S"lltember 2(\; 1888,making it an of· tense.to for delivery"aDy"obacene, lewd. or laaciVfoulIbook, pamphlet, .paper, * * * Of 811 character, ** :.' ',whetber seMed as 'first-oiass matter 01" not, "inoludes 'a private letter, inclosed in'a sealed:envelope, alld, oontaillJlIg such
.A oom,p.IS.hit 'a. ,gainsta.perllon tor violation of such secti.ottris sufficient if it merewitl).:b/,ving deposited in .the mail On abscene, lewd, and las.' civious lett,el" without sllttillll'.OUt the 1Imll'uage used
SAME-:-SUIIFIOJENOY OF CW,o'LAIN'r. . .
Ret, StI. 'U.
MATTER TJlROUGH flIE ;J(.uLS-PIUVATlil LETTER&
. . . . o ' ....
Where thiS e:laminatil1lUofa person charA'ed With the Violation of a United states lsi trl'l1Sferred by tbeoommissioller before whom the,watrant is returnable . to 'another coIritrlissioner in tlle same district, the latter has ji.1rilldiotion to take the examination and commit defendant, if the' charge 1$ sUatlUned. '. . ·· '
NIllUlON,J. ,. A petitiQn.'signed by 'Bfu!ney A. Wahllwas presented to me on MIJ;y,'8. 1896. ,·'l'bepetitioner:t:eprp-sooted and that he, '