v0755-589

Document Title Page

JJ

United States Circuit Court

of Appeals

For the Ninth Circuit

United States of America,

A'p'pellant,

vs.

    1. FiCKETT,

Appellee.

Appellee's Reply to

the Reply Brief of

Appellant.

For the reason that the appellant in its first brief did not

state its case, but left the appellee uncertain as to what

points it would rely upon, we feel that we have a right to

reply to the reply brief of appellant. Appellant in its reply

brief for the first time sets up its contentions, and were we

not allowed a reply to these contentions we would be de-

prived, it seems to us, of a substantial right.

Appellant contends that the United States does not make

a grant to the locator of a mining claim, and thence argues

that the use of the word omried in the indictment, wherein

it is averred that the unpatented mining claims in question

are owned by a private corporation, does not imply a grant.

As all unpatented mining claims belonged originally to the

United States it is difficult to perceive how a locator could

own an unpatented mining claim unless the United States,

the original owner, granted to the locator something in the


archive.org Volume Name: govuscourtsca9briefs0755

Volume: http://archive.org/stream/govuscourtsca9briefs0755

Document Link: http://archive.org/stream/govuscourtsca9briefs0755#page/n588/mode/1up

Top Keywords (auto-generated):

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Top Key Phrases (auto-generated):

public lands, mining claims, unpatented mining, public lands., gov ernment, public land, private corporation, para mount, naked fee., naked fee, mount title, merely reserving, merely holds, government itself, word omried

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