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Page Six <br />As indicated above, there is a pegmatite dike on <br />Pilot ~'2 and that does suffice as rock in place to support <br />that lode claim. If that dike extends under any of the <br />other claims it cannot be the basis for any of those claims, <br />as there was no discovery of same on any of the claims, and <br />there was no evidence that the pegmatite dike did extend <br />outside the exposed portion found by the experts. <br />The Master is aware that numerous cases hold that <br />the purpose of the mining laws is to encourage development <br />of public domain by bona fide miners and to encourage <br />development of the mineral resources of the country. I <br />find that Plaintiff and the other locators lacked any desire <br />to develop the property and the mineral resources found <br />on the property. It seems more likely that plaintiff <br />seeks to appropriate the lode mining claims for casual <br />rock picking, for recreation purposes and to enjoy the <br />aesthetic values of the property. <br />Since this t4.aster finds that there was a vein or <br />lode on Pilot #2 the question must be considered as to <br />whether that would justify reliance on locating the other. <br />3 claims as lodes. The answer to that question is no. <br />In the first place, there ar-e no lodes on the other claims. ' <br />In the second place, it is a fortunate coincidence for <br />plaintiff that there is an outrcropping on Pilot #2 which <br />would support a lode mining claim. Plaintiff does not <br />identify that as the vein found on Pilot #2, and the claim <br />was not laid out along the vein as required. By asserting <br />there are 2 veins running P7orth and South, and 2 running <br />Past and West, there may have been a fraud upon the government. <br />However, there is a lode on Pilot #2 and some mineral has <br />been removed therefrom. <br />The s;%ecific questions addressed to this Master have <br />been answered. In order to comply strictly with the <br />Order of Court dated November 9, 1982 I make the following <br />recommended findings of fact: ' <br />1. The topaz source in the pit is placer material. <br />There is no evidence that that source is a lode or a vein. <br />The mineral in the pit area is placer in nature, having <br />been transported~'to its present location in the pit bV <br />natural means. <br />2. There is no lode within the Pilot #1, the' <br />Mukunda, or the Mukunda #2 which would support anv of those <br />3 claims. There is a lode within Pilot ~:2 ~~hich will sur-port <br />that lode claim. There is no evidence that that is the <br />lode discovered in 1958, but nevertheless, it is there and <br />it is rock in place, and there is other evidence that the <br />lode would contain valuable ore which would cause the prudent <br />man to expend money on the claim. <br />