warranted in now requesting further delay for the purpose of securing additional affidavits. The mineral claimants have simply done the best they could under existing circumstances. Very respectfully, CONSAUL & HELTMAN, Attorneys for J. D. Freeman and Standards Shales Products Co. DEPARTMENT OF THE INTERIOR, I hereby certify that the annexed copy of affidavit, filed under Denver 032575, formerly Glenwood Springs 018827, is a true and literal exemplification of the original on file in this office. In testimony whereof I have hereunto subscribed my name and caused the seal of this office to be affixed, at the city of Washington, on the day and year above written. THOS. C. HAVELL, Assistant Commissioner of the General Land Office. (Before the Department of the Interior, A-6597—J. D. Freeman, placer claimant, v. George L. Summers, homestead entryman, involving Glenwood Springs, 018825 and 018827) STATE OF COLORADO, AFFIDAVIT OF J. D. FREEMAN City and County of Denver, 88: J. D. Freeman, being duly sworn, on oath deposes and states: That he is the party plaintiff named in the above-entitled proceeding and makes this affidavit in support of his petition for rehearing and new trial. That deponent is personally familiar with the lands and premises involved in said contest, having had charge of all the work and development performed on said lands, and having personally examined all of said lands and all openings and excavations thereon. That by decision of December 20, 1924, the Secretary of the Interior held and decided in favor of the above-named homestead claimant on the ground that deponent had not shown and proved a valid discovery of mineral on each of the claims in controversy and had not shown that he had maintained his annual assessment work on each of said claims since February 25, 1920, for those years during which assessment work was required. That in the event opportunity is given deponent to submit further evidence and testimony, he can and will submit a conclusive showing that there exist, disclosed and open to examination and sampling, on each of the placer claims in conflict with said homestead, deposits of oil shale more than 1 foot in thickness and carrying an oil content of more than 15 gallons per ton, and in fact will show that situated on this homestead, disclosed and open for sampling, are deposits of oil shale not less than 4 feet in thickness and carrying an oil content of more than 20 gallons per ton; that evidence of these facts was not submitted in detail at the hearing heretofore held for the reasons: (a) Deponent at said hearing submitted his evidence and proofs on the theory and belief, on the advice of his counsel, that proof that the land was mineral in character, and proof of the existence of certain oil-shale strata thereon, together with proof that the known geological conditions in the section of country involved indicated with certainty the existence of valuable oil-shale deposits underlying the land, whether or not the latter were actually disclosed, was sufficient proof of legal and valid discovery, and (b) that for a long time prior to said hearing, said homesteader, Summers, patrolled the land covered by his homestead, armed with a rifle, and warned this deponent, his employees and associates, against taking any samples or making any excavations within the area of said homestead, as a result of which deponent and his employees were prevented from making excavations, or from doing a thorough sampling of the lands in conflict, in preparation for the said hearing, and deponent was therefore compelled to rely on his general knowledge of the character of the lands and the shale deposits thereon, together with a few samples that had been taken some years before. That J. B. Jenson, a mining engineer and expert in the oil-shale business, some years prior to said hearing, made a careful examination of all the lands involved in this controversy and surrounding lands, and took many samples which he analyzed and tested; that he testified as to the value of the shales disclosed on the lands involved in this controversy, particularly in the related case of the Standard Shale Products Co., but at the time of his testimony he could not testify as to the exact point from which the respective samples were taken, and his testimony in the record appears to have been entirely disregarded in the Secretary's decision in this case. That deponent knows of his own knowledge that commercially valuable deposits of oil shale are opened and disclosed on the lands in controversy, and that if given opportunity he can submit conclusive proof on this point. That said Secretary's decision of December 20, 1924, holds and decides that deponent's assessment work on his said claims had been allowed to lapse and became in default, for the reason that he had relied merely and only on a certain trail that had been constructed on or near the claims in question, while the record in said hearing shows deponent has not at any time relied on the trail in question for compliance with his assessment work on his said claims for any of the years for which assessment work had to be done since February 25, 1920; deponent's assessment work on his said claims consists in every instance of excavations in solid rock in place in the development and disclosure of the oil-shale deposits, and the extent of such work and development has been on the basis of not less than 40 cubic yards of rock excavation for each claim for each year. That numerous oil-shale placer claims situated in the immediate vicinity of the claims in question have been patented after careful field examination by agents of the Government, on the same identical showing and under the same conditions that exist on these claims, and on the basis of discoveries on the same strata as are disclosed on these claims. That as will appear from the affidavit of H. K. Savage, filed herewith, climatic conditions in the region of these claims is such that it will be wholly impossible and impractical to conduct a careful examination and sampling of the lands in question earlier than May 15, and deponent desires a reasonable time after that date within which to do such work, in the event the department is unable to see its way clear to recall and vacate said decision of December 20, 1924, on the present record. J. D. FREEMAN. Subscribed and sworn to before me this 11th day of February, 1925. MARTIN E. BARNHART, Notary Public. My commission expires August 11, 1927. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, February 4, 1931. I hereby certify that the annexed copy of the affidavit filed under Denver 032575, formerly Glenwood Springs 018827, is a true and literal exemplification of the original on file in this office. In testimony whereof I have hereunto subscribed my name and caused the seal of this office to be affixed, at the city of Washington, on the day and year above written. THOS. C. HAVELL Assistant Commissioner of the General Land Office. Before the Department of the Interior. A–6597, involving Glenwood Springs 018825 and 018827. STATE OF COLORADO, County of Weld, City of Eaton, ss: AFFIDAVIT OF E. H. WALKER E. H. Walker being duly sworn, on oath deposes and states: That deponent is personally familiar with the lands and premises involved in the above-entitled proceeding, having been employed as an instrument man in resurvey of this township by Division E, General Land Office, in the year 1923, also as a foreman and surveyor by J. D. Freeman, contestant in this case, in the year 1924. Deponent further states that he has personally examined all of said lands and all openings and excavations found thereon. Deponent states that he acted as foreman of men employed by contestant in June, 1924, and located ledges of oil shale which were opened under his supervision. That the removal of at least 40 cubic yards of solid shale in place constituted the unit of assessment work above done for each claim worked That each of the seven claims involved in this case were found under examination by deponent, to show assessment work for the years 1920, 1921, and 1922, to the amount of 120 cubic yards each, and with the work done in June, 1924, now show at least 160 cubic yards excavated on each. Deponent states that he knows of no samples or assays being taken, but from general knowledge of oil shales, while not qualified to certify under oath as to the oil quantity, the deponent holds the opinion that. in certain ledges within the boundaries of these claims, opened and disclosed for examination, there is an oil content of at least 20 gallons per ton. and deponent hereby deposes and states that these ledges are more than 1 foot in thickness. Deponent further states that these claims are of similar elevation and contain the same ledges visible and opened on certain patented oil shale lands in this vicinity on which discovery was made for the patenting thereof. E. H. WALKER. Subscribed and sworn to before me this 20th day of February, 1925. MICHAL A. MCGRATH, Notary Public. My commission expires June 24, 1926. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, February 4, 1931. I hereby certify that the annexed copy of the affidavit, filed under Denver 032575, formerly Glenwood Springs 018827. is a true and literal exemplification of the original on file in this office. In testimony wherof I have hereunto subscribed my name and caused the seal of this office to be affixed, at the city of Washington, on the day and year above written. THOS. C. HAVELL, Assistant Commissioner of the General Land Office. Before the Department of the Interior. A-6957, involving Glenwood Springs 018825 and 018827. STATE OF COLORADO, County of Mesa, City of Grand Junction, 88: AFFIDAVIT OF JOE WORTHINGTON Joe Worthington, being duly sworn, on oath deposes and states: That deponent is personally familiar with the lands and premises involved in the above-entitled proceeding, having been employed by the contestant, J. D. Freeman, as a foreman in charge of assessment work on oil-shale claims for the past two years. Deponent states, that he has personally examined sections 1 and 2, township 5 south, range 97 west, sixth principal meredian, and has personal knowledge that assessment work for four fiscal years to the amount of 40 cubic yards of excavation has been done on each quarter section thereof. From general knowledge of oil shale, deponent holds that assays taken of samples from these assessment workings will yield an oil content of at least 20 gallons per ton, and deponent hereby deposes, of his own knowledge that the ledges of oil shale opened in these premises are more than 1 foot in thickness. JOE WORTHINGTON. Subscribed and sworn to before me this 21st day of February, 1925. M. ETHEL Cox, Notary Public. My commission expires June 17, 1926. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, February 4, 1931. I hereby certify that the annexed copy of affidavit, filed under Denver 032575, formerly Glenwood Springs 018827, is a true and literal exemplification of the original on file in this office. In testimony whereof I have hereunto subscribed my name and caused the seal of this office to be affixed, at the city of Washington, on the day and year above written. THOS. C. HAVELL, Assistant Commissioner of the General Land Office. Before the Department of the Interior. A-6597, involving Glenwood Springs 018825 and 018827. J. D. Freeman, placer claimant, v. George L. Summers, homestead entryman. STATE OF COLORADO, City and County of Denver, 88: AFFIDAVIT OF H. K. SAVAGE H. K. Savage, being duly sworn upon oath, deposes and states: That he is personally familiar with the De Beque-Grand Valley oil-shale field, having had charge of certain field work and development on similar properties in the immediate vicinity of the oil-shale placer claims involved in the above-entitled contest. Deponent states that he visited the De Beque district between January 20 and February 1, 1925, and knows of his own knowledge that climatic conditions in the region of these claims are such that it is almost impossible and at least very impracticable to conduct any examination and sampling at this time. Deponent states that at present there is at least 1 foot of snow on the level in the lower valleys; that all trails to the top lands are blocked with snow and ice and that it would be impossible to get any horses over these trails for the carrying of supplies or samples. Deponent further states that all assessment holes, Government corners and outcroppings on these claims are covered with snow to a depth of several feet. Deponent further states that from previous four years' experience, May 15th would be the earliest date practical for a complete examination. H. K. SAVAGE. Subscribed and sworn to before me this 11th day of February, 1925. MARION E. BARNHART, Notary Public My commission expires August 11, 1927. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, February 4, 1931. I hereby certify that the annexed copy of letter, filed under Denver 032575, formerly Glenwood Springs, 018827, is a true and literal exemplification of the original on file in this office. In testimony whereof I have hereunto subscribed my name and caused the seal of this office to be affixed, at the City of Washington, on the day and year above written. THOS. C. HAVELL, Assistant Commissioner of the General Land Office. CONSAUL & HELTMAN, ATTORNEYS AT LAW, Washington, March 14, 1925. A-6957. J. D. Freeman and Standard Shale Products Co. v. George L. Summers. File 504. HONORABLE SECRETARY OF THE INTERIOR. Sir: In support of petitions for rehearing and for new trial heretofore filed in the above-described case, we have the honor to file herewith supplemental affidavit of J. D Freeman, with accompanying two plats, and various photographs. These complete the case so far as supplemental showing is concerned, it being the desire of our clients to adduce all further testimony at a new hearing before the local land office. Respectfully, CONSAUL & HELTMAN, Attorneys for J. D. Freeman et al. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, February 4, 1931. I hereby certify that the annexed copy of affidavit, filed under Denver 032575, formerly Glenwood Springs 018827, is a true and literal exemplification of the original on file in this office. In testimony whereof I have hereunto subscribed my name and caused the seal of this office to be affixed, at the city of Washington, on the day and year above written. THOS. C. HAVELL, Assistant Commissioner of the General Land Office. DISTRICT OF COLUMBIA, 88: J. D. Freeman, being first duly sworn according to law, deposes and says: That he is the identical J. D. Freeman who is a party to the case entitled J. D. Freeman v. George L. Summers, pending before the Secretary of the Interior and designated by docket number as A-6957, involving Glenwood Springs $18825 and 018827. That this affidavit is made in support of affiant's petition heretofore filed in said case praying a rehearing or a new trial. That in the light of the decision heretofore rendered in this case by the Secretary of the Interior, affiant perceives that in the submission of testimony before the local land office in this case, affiant and the Standard Shale Products Co. failed to submit such testimony as the Interior Department evidently requires in such a case as this. That prior to the commencement of the hearing before the Glenwood Springs land office, Mr. C. W. Darrow, attorney, representing affiant and said Standard Shale Products Co., in the presence of affiant, conferred with the register of the Glenwood Springs land office, Mr. Spencer, with regard to the scope of testimony to be adduced; that while affiant is unable at the present time to quote the precise language used either by Mr. Darrow or by Mr. Spencer, the purport of the statements made by Mr. Spencer at that time was that the issue to be determined, and concerning which testimony should be submitted,. was the relative value of the land involved, either for agricultural or grazing purposes on the one hand or for mineral purposes on the other hand. That in a large measure the submission of testimony in behalf of affiant and of said company at said hearing pertains to the issue mentioned; that testimony dealing with discoveries of oil-bearing shales upon the land, and pertaining to performance of annual labor upon the placer claims involved, was submitted at the instance of affiant's counsel for the purpose of showing good faith in connection with the location and maintenance of said shale placer claims. That, as indicated by testimony in the matter of said hearing, the contestee, Summers, refused to permit mining-development work to be conducted upon his so-called homestead claim, which fact rendered it almost impossible to perform work within the limits of said homestead thereafter, although some prospecting work had been done upon said homestead claim prior to the making of threats by said Summers. That since the decision of the Commissioner of the General Land Office in this case, adverse to said homestead claimant, rendered April 26, 1924, said Summers has not resided upon his said homestead, but has been absent. therefrom and from this immediate vicinity; that the absence of said Sum-. mers from said homestead and from this immediate vicinity has made it possible for affiant and said company to do additional prospecting work upon those portions of the mining claims involved in conflict with the homestead claim of said Summers. |