The weekly Arizona miner., 1873-06-07
Important Mining Decision.

So many persons in our Territory arc in- tcrestcd in mines, and SO clear, instructive and exhaustive is the following compilation, from the Mining ani Scientific Press of San Francisco. that we give it entire;
 Another notorious scheme prcjudlc,l 70 min. CTS ha- been defeated hy the rightcou, decision Of thr Secretary of the Interior in the Keystone mine case. The decision Is one that will give uui yersal satisfaction among the mining community I. it effects a these Western States and Tcrritu. rcs as well as California. The claiu was one got. ten up hy sharp spectators Co obtain possession Of thr Keystone miur, and Involved the question, oi wIdc application as Co whether the grant Co the State Of CJliiOrnnOt the sixteenth and thiry,iKth sections for school purposes, under the Act oi March Sd, 1853, included said sections when they were on mineral lands. The case has naturally excited much attention as the principal sought Co be established by the claimants was dangerous one Co all parties holding claims on thc sixteenth ant thirty.siNth sections in all the mineral states ant Territories. These claimants endeayorcd un. der the name of the State 10 obtain possession Of valuable property by mere legal techutcaluy The details of tue case were given in our issue Of April l9. Secretary DclauO holds:
 FirsL-Ghc title tO sad sections sixteenth and thirty sixth does not vest in the State until sur yey bas been made, which bring, into existence and locates said sections, and that said mining CUinpaniCs having appropriated said lands under the Act ot July 2Gth, lsG6 prior 10 such survey. they had the better right
 "Sccond.--Tnat the seventh section of the Act of 1858, cNcepts from the grant of all sections six teen and thrty-six on which there has been prior to the survey, settlement, by the erection of q dwclling-hOuse, or tue cultivation of any portion l of the land, and tbat the settlement referred to was technically known as the prc-emptiOn settle menL' This point seems to protect settiers on | these government lands from any sharp practices as in the case in question.
 l That the grant was not intended 10 include. Ar...a II. A f | on mineral lands"
 This last point knocked the bottom out of the job put up hy the claimants of the Keystone mine,
 and establishes principle which will ef-ctually
 protect honest miners hereafter from the schemes or willy spcculliOrs, who want tO profit by the
 work done by miners in good faith, by means Ol
 mere legal tecnicatiy. All these points are ad
 verse to the parties cudeavorng 10 get possession
 ol Inc mine and town site of AmadOr, and it is
 with satisfaction that we record this result.
 There has been great pressure brought to bear
 on the Secretary Of tue Interior in this clsv ac
 cording to current reports and great array o
 legal talent was employed to push tbc matter l through Mir. Sargent took sides with tue miner,
 and fled an argument with the Secretary holding
 that the lands should not 20 10 the State as schoo
 lands, which the Secretary's decision confirms - The decision Oi the Secretary was yOluminOus ana interesting, according to a despatch from Wash
 ingtOn 10 the Call. He assumes in the outset thai
 iD every valid grant there must be a gran or capl , be oi making grant, and grantee capable 0 ! taking it, and q thing granted capable of ideutih l cation with reasonable certainty; also, that al [ grants by the General Government must be con
 stfued strictly against the grantee. That nothing
 passes by implication, and that the intent of tn,
 lawmakers, as gathered from the entire law mus
 govern. lie rules thai title 10 sixteenth aud tn r tysiXth sections vests iu State only after a sur { vey that prior to the survey the grant Is in th - nature Of a float until q survey has been mad
 there are no tracts answering the calls oi the grant ' Congress meantime may legally provide that land
 shall never be surveyed, or in some other way pro ! vide that there shall never be sections 16 and 3d The school grants are similar to railroad grants { and the Supreme Court has repeatedly held tha
 no title o specific sections until the railroad ine be definitely fixed Secretary Delano cites {
 Michigan case wherein the Supreme Court ex pressIy recognized the power of Congress by sub
 sequent legislation, 10 interpose lega, iDpedi
 meut tO title ot school sections resting in the stlt | upon survey. Other cases are cited tending ir z tbe same direction. He further holds that tn seventh section of the Act of 1858 excepts iron the grant tO the State lands upon sections lG anC 3b upon which any settlements, by the erection O
 buildings or cultivation of any portion of tlr = lands, has been made ~preyious the survey II 1 holds also that school grants include no mnera I lands, presenting abundant conclusive cvideDc,
 sustaining his position. If in error, be adds, thu [ State has an easy msthod of presenting tho qurs l ton fer a Supreme Court decision while if h, should decide in favor Of the Stale and he iu CT f TOT, there is no way iu many cases whereby th : error could be corrected