Page:Federal Reporter, 1st Series, Volume 1.djvu/537

 NOBTH NOONDAY MINIKQ CO. V, ORIENT MININO CO. 529 �ing records of the district, from wbich it appears that from and including the year 1872, when the act of congress referred to took effect, and thenceforth down to the year 1875, only one quartz location was made in the district, there being none in 1872, one in 1873,, in which no width was speciiied, and none in the year 1874; that during the year 1875 eleven quartz locations were made, of whioh nine were made 300 feet wide on each side of the Iode, and purported to have been made in pursuance of said act of congress, and two only of 50 feet wide on each side, one of which two was marked on the record asabandoned; and during the year 1876 twenty- five locations appear to have been made, of which five were 300 feet wide on each side of the vein, one an extension of a 600 feet claim having no width mentioned, and the others 50 feet wide on each side, four of which being after the relocation by Loekberg. From this it is argued by plaintifif that quartz mining in the district was practically abandoned for several years, and no laws on the subject were practically in force ; that on the return of the miners, and the revival of mining in 1875, the act of congress had been passed, and the min- ers regarded that act as super seding the old laws on this point, and as authorizing the location of quartz claims 300 feet wide on each side, and in practice adopted and generally acquiesced in that rule — the rule limiting the claims to 50 feet, by common consent, falling into disuse and ceasing to .be in force. As held by the supreme court of California, in commenting upon the provision of the state statute cited, "no distinction is made by the state statute between a ' custom' or ' usage,' the proof of which must rest in paroi, and a 'regu- lation' which may be adopted by a miners' meeting and em- bodied in a written local law. This law does not, like a statute, acquire validity by the mere enactment, but from the customary obedience and acquieseence of the miners follow- ing its enactment. It is void whenever it falls into disuse, or is generally disregarded. It must not only be eatàbliahed, but in /or ce. �"A custom reasonable in itself and generally observed will �vl,uo.8— 34 ��� �