Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1872-01-02
Mine Patents.
ON tho White Pine Ncws.l

lEIOll NLAO AAk AAS 49,
The following correspondence ex-
plains itself. 1t will be seen that under
the new regulation applicants for
patents are not to be harrassed as for
merly. 1t Is a good change, and per-
sons Investing In mines will appreciate
more than ever the advantages Of tho
law for procuring q patent and at once
and forever settling all questions OF
title. Here is the correspondence:
TREASURE CRY, Dec. %, 1871.
w. J. FonBEs, Esq, Hamilton
Dear Sir: Under the Congressional
Mining Acts and instructions Of the
Commissioner of the General Land
Office, persons were formerly required
TO follow a protest to an application
for patent with a suit, to be commenced
before the next term Of q court OF COM
petent jurisdiction. During some
months past, however, parties protest
ing have been notified BY the register
Of tho local land office that they need
not commence such suit until directed
by the Department at Washington:
As no explanation had been made OF
this new practice, nor as to how far
the Department would proceed in do
Gliding upon the sualciency Of q protest,
deemed 1t proper to address tho Com
missioner q letter OF inquiry OH the
subject. The communication In reply
shows q determination on the part OF
the present head Of the Department to
examine very carefully tile merits OF
such protests, and to relieve, as far as
possible, tho legitimate m~lne-owner
from the annoyanOes Of those who re-
resort to this can OF creating delay,
and cxacting a price rs the condition
of withdrawal.
The subject is OF such general i'm
portance to the mining community OF
this coast, that | beg you to give tho
letter, and this explanation of tho
point Of Inquiry, q place In your
columns.
Very respectfully yours,
w. +. ANDERSON.
DEPARTMENT OF THE INTERIOR
GENERAL LAND OFrIcE,
Washington, ID. c., Dec. IL, 1S7l.)
w. F. ANDERSON, Esq, Treasure
CITY, Nevada-SIR: In response to
your inquiries In letter Of the 10Th ult.,
[ have to state that in this Office, sub
ject to tho supervisory and appellate
authority of tho Secretary OF the III
terror, Is vested by the mining statute
of Congress tho right of determining
the question rs to whether or not an
adverse claim-such rs Is contemplated
by the Act-has been made out in any
case ; and when found to be made out,
Of determining which party to the con-
troversy shall initiate the legal pro-
ceedings to determine the question OF
right Of possession.
This course is necessary to a proper
execution Of the law; for If proceed
ings are to be Invariably suspended,
and honest applicants forced Into Court
aud delayed In obtaining a title, upon
the filing Of any trumped-up claim
whatever, the law would speedily be
rendered a nullity.
No apprehension need DO felt, how
ever, by any bona ilde adverse claim
ant, that this Office will fall to afford
him n full opportunity Of having his
rights passed upon by the proper legal
tribunal, provided his adverse notice
DO presented In time, and conforms
substantially with the Instructions is
sued by this office applicable to the
subject Of adverse filings; no case hay
ing yet arisen wherein primo tacie adj
verse showing was filed in time, that
this office failed to remand the case for
the judgment OF tho Courts.
Very respectfully,
Your obed't servant,
WILLIS DRUMMt ~,
Commissioner.