| Show DECISIONS DECK IOSa or OF TO MI N tEIM E I 1 IS in ID tile the issue of tile ilia mining anil and scientific press of tho the ath dinst wo we gave the ibe recent act of congress which extended tho the time for the first annual expenditure I 1 on claims located prior to the passage of the acoff my may 1872 to june 1874 nud and now have several other matters mattor of interest to tho mining community the first is in a rather interesting and important import int question coming before lic the I 1 he cl commissioner ioni missioner of the gea eral cral land office from tile the carson city land which was i decided on tile tho lith lelh anit the dardanelles Darda gelles nelles alining company laving applied lor for a patent for certain cart ain mining property alleged to bo be a continuation or of the he bus os I 1 horus lode the overman company made an adverse claim to tile the same mini mine as a continuation of the Co Coni lode tho the dardanelles Darda nelles company moved to dismiss alii adverse claim an and l cocat missioner drummond now decide the he motion cannot bo be granted holding tint that there is no law or instructions of or the department authorizing such motion to be made or granac granted d that like only mode of bringing a matter of this kind before the general land office 6 u to take an appeal from the decision of the alie Reg register istir and receiver when I 1 made another decision ice irion of tile the coin minion cr crol of the general L land trul officio is of in arct as showing that the of the law ot of may blay 1872 are arc to be strictly adhered to tho the ciso case is in reference to the lally cad mino in in little cottonwood canyo canyon on utah the title of the case is A G paddock vs to john P Ta aarL paddocks adv adverse erse claim to ill thi D c as a continuation of the elmer lode was rejected by the on the ground that no survey had been made of the elmer I 1 claim aim within the sixty days required by law i it will bo remembered that the mining in dg law states that after application for patent has been made the notices posted etc the resistor register of tho the L land and office upon the filing cling of tho the application plat field norca notices rod nod davits davit 5 shall publish a notice of tho the application forthe veriod period of CO days in the now sparer which is published nearest to the particular claim the claimant at the time of filing cling this application or at any t timo i mo thereafter i within the CA CO days 0 afi f ill the publication must file with rith the united states surveyor general a certificate that worth of work k has been done upon t the he C that ha the plot is il correct with a description accurate enough to identify the claim etc at the expiration of the GO CO dayios dagg of publication lie he must file his bis affidavit that thai the plat and notice have bate been posted in a conspicuous place paco on the claim during daring said eald publication if DO adverse clim claim is il filed during the CO days of publication the date is granted on proper payments i the importance r lance of atten attending to these details in rho the matter of location labor and expenditure is ia illustrated by this thia dami and will be readily perceived when it is ia understood that a failure to give the subject proper attention may invalidate the claim I 1 it has been alo decided by the commissioner ncr that borax deposits be located under of the new law and as considerable interest is he bei ing taken in mining and prospecting for this thia substance it is 6 well to bear in mind the restrictions UJ aa to tile the size of loca tion lioni which come under the of the sections referring to placer claims tho the section of the act of july IS 1670 0 provides that no location ot of a placer claim shall hereafter exceed IGO acres for any one person or association of persona wh chith lh location shall beall conform to le 11 II S surveys the tenth section ol of the act act or of may 1872 the new law provides that all placer claims he hereafter to located shall conform as near jearus as practicable to 0 o the united states stales system i of cf laud surveys yb slid and no such nuch location shall include more thin than twenty acres for each cacti individual claimant the construction put upon ullon these two section ii is as follows the foregoing proTia proTis loaa lons ot of iff ivf ato tr con COI truiel to that 00 tho the nil day jul july isle no DO JoLl location tion afa cland claim cui call m mulo to one hundred and aall liA tover may ink bo tile number of locators u debated de logo bago lher iller or tile loul local ra LJ lallon of ibo he way allow alad MI aliat I 1 t arnin sell after act the of sald act of my may lotu loth IV no locution location made by an n can tic twenty pud DO leation mailo mada by bv tu an of individuals CM can tua imul ono one ill nd n d tiny sixty uru serce which lo rAtion of one i iu dr c d and be L mido made ly fi a kcf acs number than edgill bona fide J joc tvr turi lut 1114 that as 1 l aou ai do I 1 twenty harell can te located loca teil ly by t an n I 1 individual or of 1 arld axt aeres b by y an de pondil tho the miu ing in furco force in tho the dis it at like data of sho it kalug had taftt each ach til n no DO way en caged fly by paid nm I 1 of but intact all tul in full foil fore 0 wi walli ili rehard to lo tho the size izo ot luf in ws in rat far ski thoy jo uit ILIA per fertall tall jn of tho alio linkitz fixell by cor COD but that 11 sao h T armil 4 dilill r JocA or tiona D in oaf 10 I 1 4 by odolf kida k 1 alel aro u d to go purLUS ly A cayl caso ii bof L foro re the secretary of the ilia interior which is of great interest to miners especially to those who are occupants occupant a or grounds on and thirty sixth sections A dispatch die pitch ire from in to the call all gives the substance of 01 the whole matter inetter it RPM appears ira that unusual professional fess ional and obby lobby influences are arc being brought to 16 bear tin oft the secretary ecret ary y of the interior la irk the important cue of the consolidated consolidate J awing aming i p ln Y tl the e 0 original ania lor mining 1 jal lg COLS I 1 tho the boutiler hill quartz Lo yand the town bito bite of if amador lignin eu nat st the tha state ol of california the purpose is ii to secure a ever of thode tho cislon of th tho c general land office so as to turn over to to A IT roie imi im I li 4 iziu 4 t fill of duir 1 I 1 I ri for chich chic h the nominal in 3 1 turn bum 71 of 11 WM partly pil paid by 11 henry eary cas kaacy CY llo lie alleged grantee 1 2 the state r T the h e 0 tv to td tuc L ll s l pat pathless cless involve lov olveA I 1 fea features turea of if apparent frail frails 1 as well ss as a principle il of importance to tai or mine owners ow the f lie mines idinea io in controvert con wal tv mother loja lode or of I 1 4 are arc situated on 01 cal ritia and have uan forkl wor kl knoo ha I 1 A 1 doln aa awl I 1 S ai it it wa llie ilie luina almli in ill now low to rito tr iu ill the llie 01 ol caty and the llie town lown 11 1 ll 11 town was vw founded in ilsy JS 0 its it site B alc and all abes c ingues aro are i allun tile llie cut h fiill all kir blat ion uc town own hip 7 north range tan iu czel la alad in 1871 certain parti TINI a nurvey of ui list dial bip toil it il is 11 alleged that clial bey alry i I 1 n abe ipuy ly hy by land alent field notes to iu tin the aoe town 01 44 located upon tile yeast aloof mhd ali 0 ill el wal to jisc alvo the thuu lam jak tt ca auf juf lube itic to to lu epply lur for tr ilia borig VT trait hilo I 1 the iho speculators coill 1 without llon eurchl pur chae c front the state fur hf slid nj receive a an jor ar the ou ill which these properties cit are arc actually 10 lo 4 caged tho croul w was a a discovered and ekpo expo exposed ed by abundant demons demon ft Rt rating unquestionably tho the Sarve yord infidelity infidelity in ia returning as aa agricultural land and the tha richest half section of mineral land land ever discovered tho he patents having been 1 imbued iho conall I 1 ona fide se mining claimants claim aota rod and town au aai tiei immediately applied to them the lind department lor for patents under the iho minerals mine mineral ralA and town own site mt laws ws luti but the boull bo be purchaser from tle the state tata then boldly claimed that the school land act of march ad is 1833 was wa a grant hi i braseale pra prue seale nale or of both the burve surveyed turvey cd and un ed and both the mineral and agricultural cul lural lands comprised in the sixteenth I 1 and thirty sixth sections of every town thip and consequently that the mineral lands in ia controversy situated in the I 1 whirly h arty sixth section passed to the state stale I 1 I 1 immediately 1 am bately on tho the passage of the act 0 ol 01 1 ISM to this it is replied that mineral i ands weri were excluded from the grant ao the state that the state title litlo did not rest in any landi land until surveyed there bain being prior thereto no chions se sixteen jn ind y thirty fix that thi the act of 1833 1853 provided as asto to tile mineral land lands ony township lines should bo be tho the rul rule which provision was not repealed not until 11 july oth 1870 that it was wag cont fur for congress before vested interests hil had been attached to make a different appropriation of the lands tb that at the survey con congress ress did by act of july C d I 1 ma malo E 0 a different ampro pria privation tion ol of tho the mineral lands that if this were so yet the particular tract in controversy wm wai expressly excepted from the state traut grant by tile the seventh section of the act of isa I 1 by reason of its settlement and the erection 0 of dwelling houses there prior to the survey tho the local land officers and the tha commissioner of the general land office decided again atthe the pretensions of tho private iri vate claimants who use the states name and the case CASC is IS now DOW pending g on appeal before the secretary of the interior the tha danger grows out oat of tho the fact that tile the su supreme reme court of california has do dc aided teat that the act of 1853 1653 did vest title to all sixteenth and thirty sixth sections in the state prior to their survey a and n d though it is ia believed that the courtw court will li g cant rant a rehearing and reverse that decision i its inaction action nevertheless lends leads color and aport support 0 to O the attempt now making to 0 obtain airl possession altna of the amador rui mines noli slid and to establish a principle 1 r imai case danger to ta ands and of other interests several well known california lawyers are ara i in aln washington ilin g ton to ashish in tho the prosecution se it la probable that dilatory tactics will be employed to postpone a decision on this tainted claim until the benjamin selling caso case from the marys larys ville district can bo be presented to tho the secretary for a decision of tho the naked question ju estion of tho the of the state to the sixteenth and thirty sixth sections of mineral lands so that if the right of the state is L it will bo be compaan easy to find a pretext for deciding rogeb caso case in his favor the question luc stion has hag a vital importance to all mineral outi pacts of sixteenth and thirty sixth stations scot scat ions it 1 the mineral tai claimants in either the keystone or the selling cases are arc defeated then all mines upon similarly numbered subdivisions or which upon future survey may prove to t bo be so numbered num boroi ari are it at the mercy of tho the first applicant to pur bw from tile state stala at per acre it is reported in washington lashington IN that tile the earties parties who initiated this have a veal al cady taken tho the requisite steps to file first applications application for all similar sections throughout the state of california the same panic dangers threaten mining mining occupants in every other mineral state t mining ining and scientific press |
