Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877, 1873-09-18
MINERAL VS.. NON MINERAL.

T. Il n, i. y l., ". d. W, concern
ing which 4 large mass OF testimony va:
taken at the hearing held before those
officers this Summer:
/. That said tracts of land have been
free and open to exploration ana occu-
patton for mining purposes for period
of at least thirteen years last past, and
that there has been nothing TO prevent
mining locations from being made there
on, in case mineral had net been dis
covered in said lands.
.. That during years past said tracts
were prospected many times and in many
places for mines and minerals, but were
invariably abandoned as worthless for
the purpose of mining.
3. That no claimant Of any mine or
mining location, situated upon either of
said forty acre tracts ever appeared at
said hearing, either by counsel or in
person.
4. That no mining claim or location is
shown to exist upon either OF said tracts,
except part of the claim called the
Monte Christie which by U. S. Survey
has been segregated from the north
half of the north east quarter of section
2S, thus leaving that tract fractional; the
Monte Christie ledge however, if there
is such q ledge, not being shown to have
ever been traced into said land, the
working ground Of said claim being a
fourth Of 4 mile southerly from the land
in question.
5. That no mineral bearing ledge or
lode of value has ever been found with
in either of said tracts.
G. That no placer mines or claims are
known to exist within either Of said
tracts.
Z. That upon one of said tracts, viz:
Upon the n. w. Z. of the S. w. q of
section u there is an artificial deposit
consisting of reservoir of tailings, car
ried down by flume from a mill owned
by the Sierra Nevada Mining Company,
which company's claim and mill are
upon a subdivision of public land to the
west of said last described forty acre
tract and not in controversy, the said
tailings having drifted down upon said
forty acre tract long subsequent to the
time that the 4. r. grant became effect |
i've.
s. That although said tracts Of land
concerning which this testimony has |
been taken are in a SO called mineral |
belt'' or region, yet the proof shows no |
mines or minerals of value within said |
subdivision, and that the same are only |
valuable for certain springs of water and |
the water course running down through |
them; from all of which we conclude
and give'it as our joint opinion that said |
TRACTS of land are non-mineral in char
actef, being freely convinced from the
testimony and from our personal exam
e &1.%
sisting mining claim or location exists
within said land, unless it be the Monte
Christie which has already been segre-
gated and set off to the owners thereof,
by Z. S. Survey, and that even if in the
future mining claimant should appear
to assert right to any part of said land
under any law of Congress We are of
opinion that his rights are fully secured,
inasmuch as all Of the Pacific Railroad
patents contain clause to the following
effect, viz: yet excluding and excepting
from the transfer by these presents all
mineral lands should any such be found
to exist in the tracts described in these
patents" (See Testers Land Laws,
Vol. 2, p. 1917
This important decision, involving not
only the question Of the things and con-
litions needed to give piece of real
property the character of mineral land,
out, also having reference to the general
tile of the c. P. Company to lands ly-
ng in, although not strictly related to, i,
. mining district, is in great measure {
lue to the very clear, able and faithful |
manner of the presentation of his side .
If the question by our fellow townsman, J
Ion. T. D. Edwards, attorney for the
CENTRAL Pacific Company and the
Iessrs. Parke, claimants under that cor |
,oration. Probably no lawyer in this
State is so thoroughly versed as General
edwards in that branch of the profess >.
ion, known as landlaw. This case had b
he full benefit of his knowledge and /
kill; and even if this decision should L
e reversed by the Land Office authori- v
les at Washington (Which is not to be
pprehended,) it will be admitted, We
hink, by all competent judges, that the :
General made the best possible showing :
,r his causa and clients :,