US SUPREME COURT DECISIONS

As between the government and the locator, it is not a vital fact that there was a discovery of mineral in a lode claim before the commencement of any of the steps required to perfect a location, and by accepting the entry, and confirming it by a patent, the government does not determine as to the order of proceedings prior to the entry, but only that all required by law have been taken.

Adverse proceedings, are called for only when one mineral claimant contests the right of another mineral claimant, and, as a tunnel is not a mining claim, but only a means of exploration, the owner, prior to discovery of a lode or vein within the tunnel, is not bound to adverse the application for the patent of a lode claim the lode of which was discovered on the surface, and his omission to do so does not preclude him from asserting a right prior to the date of discovery named in the certificate of location on which the patent for the surface lode claim is based. chanrobles.com-red

Page 196 U. S. 338

The facts are stated in the opinion.