Ashbrook v. O'Harra

OPINION

Before BOOCHEVER, Chief Justice, and RABINO WITZ, CONNOR, BURKE and MATTHEWS, Justices. MATTHEWS, Justice.

This is a dispute concerning rights to unpatented mining claims. State law1 requires that labor be performed annually on or for the benefit of each mining claim on state land at the rate of $200 per claim.2 Each mining year for the purposes of the annual labor requirement begins at noon on September 1st.3 If more than $200 per claim is done in any one year the excess work, not exceeding $800, may be applied against the labor requirement of future years.4 Before December 2 of each…