Page:Federal Reporter, 1st Series, Volume 4.djvu/718

 704 FEDEBAIi JUSPOBTEB. �bill, and as Le bas averred that the Iode was discovered in Feb- ruary, 1878, that will be accepted as the true date. Begin- ing in August, 1877, defendants completed their location in March, 1878, atwhich time plaintiff's grantors had not secured any right to the ground in controveray, as they had not then done ail that was required to complete their location. If, then, the matters in issue were to be determined upon the question of priority of discovery and ■ location, defendants would prevail. There is, however, another objection to defendants* certificate of location, that it does not refer to a natural object or permanent monument fromwhichthe claim may be identified. We are not asked to consider what may be a natural object or permanent monument to which refer- ence may be made, or whether the language of the certifi- cate in making such reference is sufficient under the law, for there is not in the certificate anything whatever as to any natural object or monument. It is said that the claim is "situated on the north side of lowa gulch, about timber line, on the west side of Bald mountain. Said claim is staked and marked as the law directs." It is utterly impossible to find in this language any reference to a natural object or permanent monument defining the location, and the only question is as to the effect of the omission. The act of con- gress requires such reference to be made in the description of the claim, (Eev. St. § 2324,) and the state legisature bas declared that the certificate shall give "such description as shall identify the claim with reasonable certainty." Eev. St. Col. 630. Compliance with the act of congress would fulfil ail that is required by the state, and it may be said that the acts are in perfect harmony. But, if that were otherwise, there is no doubt as to authority of congress nor as to the purpose of the law in requiring that the claim shall be definitely de- scribed. �The government gives its lands to those citîzens who may discover precious metal ores therein, upon the condition that they wûl define the subject of the grant with such certainty as may be necessary to prevent mistakes on the part of the government, and on the part of other citizens who may be ����