The union Democrat., 1869-06-05

DEPARTMENT INTERIOR,
GENERAL LAND OFFICE, Nav &, 1869.
Register and Receiver, United States Land
Office. Sacramento tCsl. )-Gentle,nen This
Office has received communication from
John A. Tyler. of Grass Valley. Nevada
county (Cal. complaining Of the discourage
ments experienced by farmers in that neigh
borhood.
He states that the occupants of lands under
cultivation from ten to fifteen years, con-
stituting some of the finest farming lands in
| the State, upon which no valuable mineral
has ever been found in paying quantities. are
deferred from erecting valuable buildings,
setting out orchards or making other improve
ments of an expensive and permanent char
acter from their constant liability to be de-
stroyed or injured by parties of gold-seekers
passing along, endeav oring to develop placer
deposits beneath the surface of their fields:
and that these evils must continue until the
farmers are invested with complete titles to
their lands.
There is no doubt there are many tracts. of
land in what are called the mineral districts,
of no value for mining purposes, but we'll
adapted TO agriculture and horticulture, and
that their settlement and improvement by
permanent residents would be benefit not
only to the State, but to the General Govern
ment. 1t is not the policy of the United
States to keep such lands open for explora-
ton for an indefinite length uf time, from the
mere possibility that some day or other gold
or silver, cinnibar or copper, might be dis
covered on them. No reas m exists why such
evils rs are complained of should not be
speedily remeded. He saws much money,
time and labor are expended by farmers in
trying to prove up and enter their lands
that combined efforts are made by specula-
tors and men interested in keeping the cnun-
try open for exploration to prevent them from
obtaining title. You should endeavor to pre-
vent unnecessary litigation, and improper
and unnecessary Instructions being thrown
in the way of making entry of lands that are
more valuable for agriculture than for
mining.
If tract of land. say forty acres, has
mine upon it, occupied and worked by the
occupant thereon. in pursuance of the mining
customs, there certainly can he no trouble in
proving that fact. and it requires no tedious
and expensive investigation to determine that
such tract cannot be entered under the Pre-
emption or Homestead law. If, on the con-
trarv. the adjoining forty-acre tract is well
adapted to farming or gardening, has never
had mine upon it. or that is now exhaust
ed and no longer worked. and presents no
positive indications of possessing valuable
deposits of the precious metals, the facts are
such as to be capable of ready proof, requir-
ing no prot,acted examination. and the dis
trict officers should exercise much care to
prevent unnecessary embarrassment and delay
by combinations hasing selfish purposes in
view. seeking to interrupt the regular dispo-
sal of the public domain.
A certain subdivision either hgs a mine
upon it and is occupied by miners in pursu-
ance of the mining customs Of the district. or
it is not improved ard occupied as a mine.
In either case. the facts are obvious and sus-
ceptble Of easy proof. Ii it is occupied as a
mine, or if a vein of quartz or other rock in
place has been traced through it, the tract is
mineral land /; but if it has no ex sting milne
upon it. and no metalferous vein of rock is
known to pass through or penetrate it, the
land is not properly clas.ed as mineral, al
though, contrary to present indications. gold,
silver, cinnahar or copper may at some iu-
ture tine be discovered on it.
One part of quarter section may be min
eral land and another part of it only fit for
agriculture. but it does not follow, from one
forty or eighty-acre tract having mining i'm
provements on it. that the other eighty can
not be entered under the Presumption or
Homestead law. Where a mine exists the
miner should be allowed such an additional
quantity of land as is necessary for the con-
venient working of the mine, but beyond this
he ought not to be allowed to interfere with
the disposal of the public domain. aud if the
residue of a quarter section is farming land
it should be disposed of accordingly.
These questions of contest. it is supposed,
generally arise upon land claimed to contain
placer deposits, but upon which no placers
have vet been opened but if once opened are
no longer worked. Lands containing miner
al veins or lodes are usually of such marked
geological structure that one would suppose
no great amount Of litigation could grow out
of adverse claims by agricultural settlers.
Besides, under the local customs. vein miners
are only allowed certain number of feet on
each side Of the vein or lode. If beyond such
distance no ether veins are found, and the
land is adapted to farming, the miners GER
tainly have no right to prevent agricultural
settlers from improving and entering it, The
mining interest does not require that lands
not occupied and worked for mining purposes