The Shasta courier., 1871-02-04
Important Decision by the Gem
eral Land Office.

THE RIGHT TO OBTAIN PATENT FOR MIN
ING CLAIMS ON SCHOOL SECTIONS.
The following highly important decision
has just been received by the Register of
the United States Land Office at Sacram-
eEto:
Besides the claim mentioned in the de-
cision, there are other claims, including
the two leads or the celebrated Keystone
Mining Claim, also the claim of the Anna
dor Mining Company, valued at over two
uillions of dollars, involved in the prin-
ciple decided.
These mines are all on Section &c.
Township 7 north, range 10 east, and had
been purchased from the State under the
Statute of 1870, by outside parties. The
parties mentioned in the following letter,
then made application to the Register of
the Land Office here for United States
patent. Upon the request of NJ. W. Cor
Don, attorney for the applicants, the ques-
tion was referred to the Commissioner.
After this, however, the other mining
companies before named made similar ap-
plications to get title from the United
States. No answer had yet been received
from the Commissioner, but the Register
anticipating that the decision would per-
NIT it, made the filing in the three subse-
queut cases. This case being also now
fled it will be seen that vast amount is
already involved in the question decided,
and no doubt much more will be hereafter.
General Land Office
January 11th, 1871.
Register and Receiver, Sacramento,
California-Gentleme This office has
considered the question presented in your
letter of 26th ultimo, affecting the right of
Geo. W. King, Joseph w. Leach and
Thomas G. Middleton to apply for patent
under the Mining Act of July 26, 1866,
for certain quartz vein or lode and sur
face ground adjacent thereto, held in con-
formity with the local customs or rules of
miners, said mining premises being situate
in the southwest quarter of the northeast
quarter, section 36, township 7 north,
range 10 east, Mt Diablo meridian, Cali
fornia, In view Of the grant to the State for
schools by the Act of March 3, 1858 (1O
Stats. 244).
1t appears from the papers in this case
that the mining claim was located in 1864,
and no survey ofthe township made until
1870.
The said mining premises therefore
formed, at the date of said location, por-
ton of the unsurveyed public domain
which by the first section of the Mining
Statute aforesaid is declared to be "free
and open to exploration and occupation by
all citizens of the United States, and those
who have declared their intention to be-
come citizens;" and it of course follows
that they were in the occupancy of the
claim at the time of the survey by virtue
OF the authority conferred by said statue
and if it be now ascertained since the Gov
ernment surveys have been extended, that
the Premises are within school section, a
circumstance of which the miners could
not have previously been cognizant, it is
held that their right to the execution of
the said statute of July "a, 1866. is not
affected, and that W OF comI lance with
its provisions the applicants shall be enti-
tied to survey and patent, the State Of
California being entitled to indemnity in
other lands for the area thus patented.
You will be governed in your action ac-
cordingly, acknowledging the receipt of
this letter as an"
Very respectfully, your obedient ser
want. j. S WILSON, Commissioner.
Notc.-The papers in the application
are herewith returned. j. s. W.
Commissioner.