Clipper Mining Company v. Eli Mining Land Company’s Empirical Analysis

Citation profile

44 federal appellate · 15 district · 49 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 161 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The rule is established by innumerable decisions of this Court, and of state and lower federal courts, that, when the location of a mining claim is perfected under the law, it has the effect of a grant by the United States of the right of present and exclusive possession. The claim is property in the fullest sense of that term; and may be sold, transferred, mortgaged, and inherited without infringing any right or title of the United States. The right of the owner is taxable by the state; and is ‘real property,’ subject to the lien of a judgment recovered against the owner in a state or territorial court. (Cases cited.) The owner is not required to purchase the claim or secure patent from the United States; but, so long as he complies with the provisions of the mining laws, his pos-sessory right, for all practical purposes of ownership, is as good as though secured by patent.””

   2 later decisions quote this exact passage · from the majority
   e.g. Talache Mines Inc. v. United States · Branson v. Miracle

2. ““ ‘In St. Louis Min. & Mill. Co. v. Montana Min. Co., 171 U. S. 650, 655 [ 43 L.Ed. 320, 322 , 19 Sup. Ct. Rep. 61, 63], the present Chief Justice declared that “where there is a valid location of a mining claim, the area becomes segregated from the public domain, and the property of the locator.” Nor is this “exclusive right of possession and enjoyment” limited to the surface, nor even to the single vein whose discovery antedates and is the basis of the location. It extends (so reads the section) to “all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically.” In other words, the entire body of ground together with all veins and lodes whose apexes are within that body of ground becomes subject to an exclusive right of possession and enjoyment by the locator. And this exclusive right of possession and enjoyment continues during the entire life of the location, or, in the words of Chief Justice Waite, just quoted, while there is “a valid and subsisting location of mineral lands, made and kept up in accordance with the provisions of the statutes of the United States.” There is no provision for, no suggestion of, a prior termination thereof.’ ” (Italics ours.)”

   1 later decision quote this exact passage · from the majority
   e.g. Montgomery v. Gerlinger

3. ““ ‘Tlie judgment of the department in the Searl placer case went only to the extent of rejecting the application for patent. The department did not assume to declare the location of the placer void, as contended by counsel, nor did the judgment affect the possessory rights of the contestant to it.’ 22 L. D. 527. So far as the record shows — and the record does not purport to contain all the evidence — the placer location is si ill recognized in the department as a valid location. Such, also, was the finding of the court, and, being so, there is nothing to prevent a subsequent application for a patent and further testimony to show the claimant’s right to one. Undoubtedly, when the department rejected the; application for a patent, it could have gone further and set aside the jdacer location, and it can now, by direct proceedings upon notice, set it aside and restore the land to the public domain.””

   1 later decision quote this exact passage · from the majority
   e.g. Cameron v. United States