Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877, 1873-04-10
DEPARTMENT OF TIE INTERIOR,
GENGEAL LAND OFFICE.


Washington. d. c. July -, 1870.
Register and Receiver, Carson City, Nsr.:
Gentlemen This Office having been
called upon for construction OF the Act
of Congress, approved July %, 1866,
" granting to A. Sutro the right of way
and granting other privileges to aid il
the construction of draining and ex-
ploring tunnel to the Comstock lode, in
the State OF Nevada, the Commission
er's opinion as to the effect of said stat
ute, was, on the 25th CT February, 1869,
in letter to Mr.. Sutro expressed as fol-
lows, to-wlt
First-The right to purchase mineral
veins or lodes, granted TO 4. Sutro, his
heirs and assigns. by the second section
of the Act, is limited to 1000 feet on
each side of the tunnel constructed from
the initial point at the hills near Carson
River, to and beyoudthe Comstock lode,
and applies only to lodes other than tn
Comstock, within said limits, cut, dis
covered or developed by running and
constructing said tunnel, and not at tn
passage of the Act in the actual bona .fiIr
possession of other persons.
Second-Veins or lodes, other than
the Constock, living within 1000 feet on
either side OF said tunnel at the passage
of the Act, in the actual bona tide pos
session of other persons, are to be with
held from sale by the United States, but
if after the construction of the tunnel, 1t
shall be found that some of the lodes SO
withheld from sale are not cut by the
tunnel, the restriction as to sale will no
longer be applied to them !; but all of
the lands within said 1000 feet limits
will be reserved from sale until after the
construction of the tunnel, unless its
commencement and prosecution should
be procrastinated for such a length of
time as to imply its abandonment, or the
inability of the grantees under the Act
to accomplish the undertaking.
Third-That all patents issued to
claimants of mines on the Constock lode
must contain the condition specified in
the third section of this Act.
Fourth-That the like condition is to
be inserted in patents issued for mines
on any other lode. drained, benefited or
develop d by al tunne'.
Fifth-In.t the only patentabie lodes,
other than the Co,nstock, capable of be-
ing drained, benefited or developed by
said tunnel, are such as may be thus at
fected by means OF branches connecting
with the tunnel, and there being no pat
entable lodes within 1900 feet of said
tunnel, and that the obstruction OF
such branches must be authorized by
the Act.
Sixth-That the Act authorizes the
construction of branches only along the
Comstock lode and along any other lode
which may be discovered OF developed
by said tunnel.
Seventh That the loles here referred
to are what are called ''blind lodes, the |
existence of which it Is expected will be
disclosed by the construction of the tun- |
mel and that lodes which may be dlscov-
cred or developed by the construction of
the tunnel" do not include lodes al
ready discovered, or which may here
after be discovered before its construc-
ton, and that there is, consequently,
no authority granted by the Act for the
construction of branches along these,
and the condition specified in the third
section is not applicable to patents is
sued to their claimants.
Eighth-And that. consequently. the
only mines or lodes in any way affected
by the Act of July 25, 1866. are
First-The mines on the ComstOck
lode.
Second-Those lying within 1900 feet
Of the proposed line of said tunnel.
Third-Such new lodes rs may be dis
covered or developed by the constrnc-
ton Of the tunnel, the existence of which