The Placer herald. [volume] (Auburn, Placer County, Calif.) 1855-1991, 1868-07-11

and enter until after such period Of actual
settlement and cultivation as shall show good
faith, say not less than six months from The
date OF settlement embraced in the fling Of
the declaratory statement; and If before the
expiration Of such time 40 affidavit 10 filed
alleging the mineral character Of the particu-
lar tract claimed, trial must be bad before
an entry is made, to determine that question.
1t is not doubted that 10 every township
there are tracts Of land more valuable for
farms and gardens than for mining purposes.
and the Object Of the law is to segreRrats
these from the mineral and dispose OF them
as agricultural.
Errors Of judgment may sometimes occur,
but as general rule it is believed . careful
examination will enable claimants to sot
With safety in reference to these lands; and
although they may be put to the necessity
of proving their chief value to be for purpo.
ses Of agriculture, by an opposing affidavit
filed any time before entry, yet where rea-
sonable precau,ion has been exercised such
proof will seldom fail, at least as to the whole
tract filed upon and If a profitable mue
were to be discovered upon . part OF the
premises, it would only enhance the value Of
the remaining portion.
Affidavts alleging particular lands to BE-
more valuable as mineral than as arabic,
mast apply to each Of the smallest legal sub.
divisions. or quarter section, l20 acres
may be mineral aud the remaining 40 arabic,
and lbe mineral character Of the former 10
10 reason why the latter should not Be 90.
tered as agricultural Nor is it sufficient
that such aflidavils are based upon opinion
or belief. They must contain statement Of
facts within the knowledge Of deponenis. de-
rived from actual observation or examinstio
furnishing strong presumption that the par
ticular subdivision is mineral land and more
valuable as such than as agricultural. Mere
speculation. based upon no positive know.
ledge, and disclosing no material facts, should
not be received, and claimants ought not 10
be put to the trouble and expense Of meeting
aflidavits Of this character. There should be
the utmost good faith required from both
sides. Lands more valuable for mineral than
for other purposes are not to be taken under
the pre-emplion or homestead laws; nor, on
the other band. are parties to be intimidated
from making settlements upon and Ultimate
ly entering under these laws such lands az
are most valuable for agricultural purposes,
| sIUIply USChuSo NdludUlo mlucI 81 ldUuo Judy
lie in the immediate vicinity. Both GLASSES
of lands are to be disposed Of under their
app' opi",o lave, and neither interest 10 to bs
subordpated TO the other, to the de.rimsot
of the public welfare.
II the Register and Receiver have reasons
to believe that mineral affidavis are being
placed on timber land on which no mineral
has been found, for the purpose of keeping
the same from settlement until after the Tim.
ber has been removed they will inform tbs
parties fling such papers that afidavi,s 10
which it is alleged that either gold, silver,
rinnabar or copper, have been found. ere
insufficient. Aud however specific and full
such atiidavits may be, they are not 10 b
deemed conclusive as to the matters alleged.
Any settler fling an affidavit Of q contrary
character, and desiring to enter the particular
tract as agricultural land, is entitled 10 have
the question examined, and on proving it to
be more valuable as arabic than as mineral,
may file upon it under the prs.emption, or
enter it under the Homestead law, and 10 due
time consummate the title.
II matters not whether the precious metals
are found in quartz lodges or placer or by.
draulic mines, if the particular subdivisions
of the public lands containing than. arc
more valuable for mining than for sgrioul.
iure they cannot be entered under the Pre-.
emplion or Homestead law. If pacers once
valuable have become exhausted 90 % 90
longer to be valuable as mines, the lands
may then be entered as arabic. These affi,
davils are to be filed with the Register and
copies transmitted to this Office. They are
to be registered and carefully 6led, but need
not be recorded.
In reference to the fees authorized 10 pre-.
smplon and homestead cases, and for prov.
ing up the same, you are referred to the legal
provisions and instructions communicated in
a circular from this Office. dated September
II, 1867. You will carefully cross examine
all witnesses when necessary to elicit The
truth, and transmit the testimony and papers
in each case, with your joint opinion, to this
office for examination and review.
Very respectfully, your obeden. servant
JOS. s. WILSON, Commissioner.