Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1872-06-13
THE ONE LEDGE THEORY.


interests Of this community and the
country at large might be the defeat Of
the one ledge theory, rs applicable to
the Comstock range, the recent decis-
lon Of the United States Land Com
missioner granting a patent to the Ju-
liza Mining Company, does not BY any
} means settle the old controversy. It
simply decides the immediate matter
at issue with the Chollar-P otosi,
giving the Julia Company full, unrc-
stricted possession Of their ground UNI
ill 1t may DO proven from deeper de-
velopments that the Julia joins with.
and Is a branch or otf-shoot OF the reg
ular Comstock. We copy from the
San Francisco Alta the following inter-
esting article ON the subject:
We some days since published the
following: 1--WE sone time since pub
lished a private telegram that the COM
missioner Of the Land Office at WASH
inyton had decided the suit between
the Chollar and tho Julia la favor OF
the latter. Tho telegram to the Asso-
ciated Press to-day confirmed that
news. The result may be very I'M
portant, since It confirms the m
ledge theory Of the Comstock. and cuts
oil those companies from claiming par
allel ore deposits to an indefinite ex-
tent. There are - great number OF
parallel claims, which are, under this
decision, good against any claims from
the Comstock ledge proper" The
reading of the full Of the decision rs
given BY the Commissioner shows that
he neither asserted nor denied
tho truth Of the one ledge the
Dry. He simply gave tho Julia
u patent according to existing facts,
but pointed out that the United States
law Of May 10, 1877, provides that If
the now separate lodes should ulti-
mately In sinking deeper unite In Pne
vein, the Chollar, by virtue OF Oldest
location and patent, would take the
vein ut the polnt Of intersection with
out having any claim upon the julia
above that Intersection. The theory
seems to have been as claimed BY the
Chollar, that all lodes adjacent to the
Comstock run into It and become II
mt an Indefinite depth; but the Com
missioner points out that the lOdes are
now distinct In fact, and as such are
entitled to different patents. lie re-
marks:
1T Is possible that the ComstocI
Lode and all of the veins or lodes
claimed by the said Julia Company
may ut some remote period be found In
their course downward Into the earth
~ converge and unite, and below their
point of junction form main fs-
sure, but ~ this b q contingency only
determiuabie by future Developments,
the wisdom aud justice Il not perceived
of indefinitely ~suspending the execu-
tIon Of the United States mining laws
on any claims which may be la the
neighborhood Of either the C0mstock
or any other lode to await such future
event."
"But by tho fourteenth section OF the
Act OF Congress approved May 10, 1877,
entitled An Act 70 promote the de-
velopment Of the mining resources OF
the United States provision Is made
70 meet Just such a condition Of affairs
rs that supposed by the adverse claim
ants tn exist In this case, TO wit that
Of lodes uniting In their course down.
ward into the earth; the second pro
Viso to said section, declaring shat
where two or more veins unite, the
oldest or prior location shall take the
vein below the point Of union, In
cludng all the space Of Intersection
The Chollar-Potosi Company hold
their claim upon the Comstock lode
both by priority Of location and by the
patent from the United States, 20 that
even IL the lodes claimed by the Julia
Company should DO patented, and after
further developments to he found to
unite with the Comstock lode, said
Chollar-Potosi Company, In view OF
the law aud by reason Of their prior
location and patent would be As fully
Invested with title to said lode below
the point OF union. including all the
space and Intersection, as II the Julia
claims had not been patented; their
right however. ~ the veins claimed
by said julia Company above the point
Of Intersection, should they DO found
to unite, not being recognized BY said
statute"
. Thus, II will be observed that the
decision does not "upset the theory OF
Indefinite continuousness Of the Com
stock lode" 1t merely recognizes the
facts as they r now, aud not rs they
may be found to be In tho future more
or less remote.