The Shasta courier., 1871-12-02
LAND DECISION.

ant. versus voluntary mineral contestants
1t clearly settles the point that mineral land
cannot be pre- enpted by agricultural
claimants, and the Washington Office will
also so decide:
U. S Land Office, Shasta Cal.
October 31st 1871.
Kirk Spalding Presumption claimant to
the n. W. of the n. E ! and the N. f.
! of the N. W. of Section "a Township
32 North Range 6 West Mount Diablo
Base and Meridian,
David Kemble, John r. Kemble, Will
lam B. Walker, c. G. Langsdon, zimri +.
Bullock, Reuben Fl. Booth, Kirk Spalding
and James W. jenkins mineral affiants
who filed their affidavit alleging said land
to be mineral in character, and more valu-
able for mineral than for agricultural pur
poses.
This case came on for trial on the 25th
day of May, A. D. 1871, all parties in in
terest being present in person or by Attor-
ney, and the testimony being closed on the
30th day of June, A. D. 1871, the counsel
of the respective parties were allowed until
the 18th day of August, A. D. 1871, to
file briefs at which time the briefs of fcoun-
sci being filed, the case was submitted.
The records of this Office show:
1st, That the Township Plat of Township
81 North Range West Mount Diablo Base
ard Meridian was filed at the proper Dis
trict Land Office at Marysville, California,
on the 4th day of August, A. d. 1870.
I'd. That the claimant, Kirk Spalding
filed Declaratory Statement No. 6975, in
the proper District Land Office, at Marys-
vile, California, on the 18th day of August.
A. D. 1870, claiming ttlement on the s.
4 of the s. E. t of Section Is, the N. w.
4 of the N. f. and the N. Il. t OF the N.
W. / of Section "a all in Township'32 N.
R. 6 West Mount Diablo Base and Meridian
on the 10th day of October, A. D 1860
Sd, That on the I'd day of May, A. D.
1871 the claimant Kirk Spalding, aban-
doned the s. J of the S. E. / of Section Ii
in Township 32 North Rang West Mount
Diablo Base and Meridian, by filing his
abandonment in writing in this Office on
the I'd day of May, A. D. 1871
4th, That mineral affidavit No. 401 of
David Kemble, John r. Kemble, William
B. Walker, Christian c. Langsdon, Zimri
F. Bullock, Reuben FL. Booth, Kirk Spal-
ding and James W. jenkins, touching the
mineral character OF Township 81 North
Range 6 West Mount Diablo Base and
Meridian, was sworn to May 9th, A.. d.
1870, and received with the archives be-
longing to this office from the U. S. Land
Office at Marysville, California, on the 24th
day of April, A. D. 187l-the date of filing
the same at said Marysville Land office
does not appear.
5th, That mineral affidavit No 5 (Shas-
ia Series of Michael K. Welsh and Michael
Ratchford touching the mineral character
of the N W of the N E of Section
"a, in Township 32 North Range West
Mount Diablo Base and Meridian, was filed
in this Office, May 24th, A. D. 1871. The
evidence produced upon the trial shows the
following additional facts.
9th, That the claimant occupied and i'm
proved the N W of the N Z and
the N Z I OF the N w of Section "A in
Township 32 North Range West Mount
Diablo Base and Meridian before the 26th
day of July, A. D. 1866 but did not occupy
and improve the same for agricultural pur-
poses prior to said 26th day of July, A. D.
1866.
7th, That the land in question to-wit :
the N W of the N E and the N E
of the N W / of Section a, in Township
80 North Range 6 West Mount Diablc
Base and Meridian, has never been used
for agricultural purposes excepting a small
tract containing 25 or 80 square rods on
the N E of the N w of said Section "a
upon which the claimant has planted some
vegetable, peach and an apple tree an rs
or 80 grape vines.
9Th, That claimants improvements con-
sisting of his house, fencing &c of said tract
are upon the N E4 of the N W of said
Section "a and are Of the value of one hun
dred and fifty dollars or thereabouts.
9th, That the claimant is miner by
occupation and follows mining as his bus
mess.
10th, That the claimant has treated
portions of the land in question as mining
land by disposing of two mining claims
thereon by quit claim deed in February
1869 and by returning to the Assessor of
Shasta county, California, mining claim
upon a part of said land for assessment as
mining claim during the year 1870
1lth, That various portions Of the land
in question have frequently been used for
mining by different parties since 1858.
18th, That said land and each legal sub
division thereof is rough, rocky and broken
in character, and largely composed of
gravel, reddish earth, broken rock and
powders
18th, That Michael K. Welsh has
mining claim upon the N W of the N E
t of said Section "a, Township 32 North
Range West Mount Diablo Base and
Meridian
14th, That while the evidence shows
that the land is of some va.ue for Grape
culture it further shows that each legal
subdivision thereof is mineral in character
and of more value for mineral than for
orr;oulf,xol Nonalr,;oa. frI.t