Hammer v. Garfield Mining & Milling Co
8 P. 153, 6 Mont. 53 (1886), affirmed 9 S.Ct. 548, 130 U.S. 291, 32 L.Ed. 964.
[130 U.S. 291, 299] 3d. As to the citizenship of the locators of the mining claim. The Revised Statutes open the mineral lands of the public domain to exploration and occupation and purchase, by citizens of the United States and persons who have declared their intention to become citizens. It is therefore objected here that there is no evidence of the citizenship of the original locators, but the objection is not tenable. The oath of one of the locators, accompanying the recorded notice of location, as to their citizenship, is prima facie evidence of the fact and it will be deemed sufficient until doubt is thrown upon the accuracy of his statement.