| Show register and receiver salt lake city utah sirs sira the record in this case was received july 11 1896 Is nAp april ril 14 1896 the flodora mining company filed in your office its application for patent stent for the noble bismarck ky kv and blucher lode claims which are embraced in mineral survey no within the period of publication of the notice of said application E J and M F P Bad datz claiming the beecher lode laim offered offered to file its adverse claim the pleadings in the matter of the adverse claim are in due form but you rejected the adverse claim for the following reasons you are hereby heselov notified that thai your said alleged protest and adverse claim is hereby rejected for the reason that the certified copy colv of location notice of the said eald beecher lode shows that the claim was vas located on june 15 1893 the claim being situated on fort crittenden military reservation abandoned which was not open to such appropriation pr prior bior i to april 9 1895 11 see the honorable com mission erst letter of that thai date from your decision rejecting said adverse claim the adverse claimants have taken an appeal alleging first the register and re receiver celver erred in rejecting said protest and adverse claim because their action is contrary to the law and facts facto second they erred in holding that the land in fort crittenden military reservation abandoned was not open to appropriation and mineral location prior to A april ril 9 1895 we the fort crittenden brit Oril military reservation was placed under control of the honorable secretary of the interior by executive order datte july 22 1884 which was issued pursuant to the provisions ol of an act of congress provided for the disposal of abandoned and useless military reservations approved july 5 1894 2 3 U US S statutes from the letter E of april 9 1895 to which you refer I 1 quote the records of this office do not show bow that you have been furnished with copies of executive orders ot of july 2 1885 and july 1884 or so eo much thereof as relates to the military reservations of forts cameron crittenden rush bush lake valley and thornburg Tb in utah which were transferred to the control of the secretary of the interior for disposal un her ber the act of july 5 14 you will note the action taken as per copies of executive orders herewith upon the proper records of your office and acknowledge receipt thereof your refection of said adverse claim appears to be based upon the opinion that the location of the beecher lode claim was wan not valid because the land covered by it was not at date of the location so subject abject to location under the mineral land laws As aa I 1 view this case it is 18 not proper for this office at this time to rend render or a decision upon the validity ot of the location of the beecher lode claim it it were proper to decide that question the decision ki in the mae of william coppinger et al 22 L D 97 would not be regarded as liable cable whether the location of the beecher lode claim was vald when made and whether the location obtained thereby substantial legal rights are questions within the jurisdiction of the propero proper ourt court to determine in a suit regularly brought under the provisions of section 2326 US revised statutes therefore your decision is hereby reversed and in case this decision becomes final the papers pertaining to said application for patent and said adverse claim will be returned to your office for ampro action thereon I 1 notify all 11 parties in interest hereof and at the proper time transmit evidence of service together with all papers filed and your report 5 L D very respectfully 8 W commissioner |
