Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877, 1873-03-12

Register and Receiver, Carson City, Nec.
/ GENTLEMEN: I enclose herewith q
copy of the decision of the Hon. Secre-
F. tary of the Interior, dated Feb. "a, 1873,
affirming our decision III case OF the APP
plication for patents for the Julia. La
Gaia, Scheel, South East Extension
Hale & Norcross and Sarah Ann Lodes.
You viii inform all parties in interest
and acknowledge the receipt hereof.
Very Respectfully,
Your obedient servant,
WILLIS DRUMNoND, Commissioner
DEPARTMENT OF THE INTERIOR,
WASHINGTON, D. c., Feb. a, 1873.
SIR: have considered your decision.
rendered May 81, 1872, in the matter of
the application of the Julia Gold and
Silver Mining Company for patents for
the Julia, Scheel, La Gaia, Southeast
Extension of the Hale and Norcross and
the Sarah Ann lodes, in Nevada.
The facts are as follows : On the Both
September, 1871. applications for pat
ents for these claims were flied i'll the
Registers Office, at Carson City, Ne
vada, and notice was given IN the usual
manner for ninety days.
On the 2Gth of December, 1871, and
before said ninety days had expired, Mr..
Isaac l.. Regua, in behalf OF the "Chol-
lar Potosi Mining Company, filed in
behalf of said company n prntes: against
issuing patents for said claims, OF tha
ground that on the of Feb. 4, 1870, pat
ent had been issued to said Choliar Pc
tosi Mining Company for their claim or
the Comstock lode that they are still
the owners of the property described in
said patent that said los!ess for which
the Julia Gold and Silver Mining Com
pany has made application for patents
arc the same which anderiie the ground
embraced in the patent issued to the
Chollar-P otosi Mining Company and
that underlying the land claimed by the
Julia company, there exists no other
vein, lode or lodes than such AZ are en-
braced in the patent to the Choliar-Po-
tosi Company. Wherefore the Chollar-
Potosi Company pray that all proceed
ings may be stayed until the rights Of
the respective parties shall have been ad-
Indicated in the proper local courts.
There is no claim on the part Of the
Chollar-Potosi Company that their sur
face rights conflict with the surface claims
of the Julia Company. The patent to the
Chollar-Potosi Company is for fourteen
hundred (14OOl linear feet OF the Com
stock lode the premises granted being
bounded on the east and on the west by
the walls of the Comstock lode, not yet
definitely ascertained, containing "a
and 74-1O0 acres, more or less.
1t appears that the Julia lode was To-
Gated May 25th, 1868 the Sckeel lode,
February 2Sth, 1866 the La Gaia lode,
March 9th, 1866 the Southeast Exten-
sion of the Hale and Norcross lode,
October ed, 1866 and the Sarah Ann
lode, March 18th, 1863; IN accordance
with the local rules and customs of
miners, and the record title to the whole
of the property thus located is now in
the Julia Company.
1t also appears that no legal proceed
ings have been instituted against the
Julia Company calling in question its
right to patents. 1t further appears
that the Julia Company has, in all re-
spects, complied with the mining laws,
and all the rules and regulations made
in accordance Herewith which are neces-
sary to be complied with, before asking
patents for its several claims.
The question thus raised is whether the
protest entered by the Chollar-P otosi
Company against the issuance of patents
to the Julia Company, and the reasons
assigned by the Chollar-Potosi Company
for such protest, constitute an adrerse
claim within the meaning and spirit of
the third and s-..xth sections of the Act
approved July 26th, 1866, granting the
night of way to ditch and canal owners
over public lands, and for other pur-
poses" ia Stat, 251).
In order to understand and correctly
decide this question, it will be necessary
to consider the various provisions OF said
Act, and thus to. arrive at its true con-
struetion and the legal intent of its au-
thors. -J
The first section of the Act eIacts that
" the mineral lands of the public do
main, both surveyed and unsurveyed,
are hereby declared to be free ard open
to exploration and occupation by all cit
liens of the United States, and those
who have declared their intention to be-
come. citizens, subject TO such regula-
tions as may be prescribed by law, and
subject also to the local customs or rules
of miners in the several mining districts,
SO far as the same may not be in conflict
with the laws of the United States"
The second section provides that when
any person claims a. vein or lode OF
quartz, ETC., having occupied and i'm
proved the same according to the local
customs where the same IS situated, and