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

notice of the intention of the applicant
to apply for q patent. and directs the
Register of the Land Office in regard to
the manner Of publishing the notice :os
such claim, and provides that, after the
expiration of ninety days from such plG-
icatio.,, if no "adrerse claim shall
have been filed, the Surveyor General
shall survey the premises and make q
plat thereof, Endorsed with his approval,
and then declares that upon the payment
to the proper officer OF five dollars {S5}
per acre, together with the cost of such
survey. plat and notice, and the giving
of satisfactory evidence that the diagram
and notice have been posted on the
claim during the period of ninety days,
the Register Of the Land Office shall
transmit to the General Land Office
such plat, survey and description, and
a patent shall issue for the same.
| The sixth section provides that when
ever '.dn dlrerse claimant to any mine
located as aforesaid shall appear before
the approval of the survey, as provided
in the third section, proceedings shall be
stayed until final settlement and adiudi-
cation in the courts of the ''rights OF
possession to s,tch claim when . patent
may issue As in other cases.
1t will be observed that the second
section, after rointins ont what is to be
done by any person OF association claim
! ing vein or lode Of quartz, before a pat
ent is issued to such person therefor, de-
scribes it as one lin regard to whose
possession there is no controversy OF OPP
| posing claim 1t also provides that
| when the patent is issued granting such
| mines the right to follow the vein or lode
with its dips, angles and variations to
any depth, although it may enter the
| land adjoining, is distinctly recognized
| Then it is enacted that the land ad-
Joining shall be sod subject to this condi-
iio1'.' The sixth section thon provides
/! that when an " adverse claimant " to
any mine shall appear, all proceedings
shall be stayed until the courts shall de-
i terrnine - the rights Of possession TO s,tch
| calm.
| In this case, the Chollar- Potosi Com
pany assert no right of possessio,s to the
| premises for which tiie Julia Company
ask patents. In regard to the surface
possession of the property sought to be
patented by the Julia Company, there is
no " controversy nor " opposing claim.
1t is asserted, however, that the Com
stock lode, previously patented to the
Chollar- Potosi Company. underlies the
surface of the several claims for which
the Julia Company ask patents ; and it
is also asserted that there is no lode or
vein of quarts or other rock in place
bearing gold, silver, cinnabar or copper,
beneath the surface of the several claims
of the Julia Company, except it be the
Comstock lode, embraced in their patent
before referred to. Is this such an " adj
verse claim - to the possession or
fright of possession of the Julia Com
pany as is referred to in the third and
sixth sections of the Act ? Does this
raise controversy or opposing
claim - in regard to the possession -
of the property for which the Julia Com
pany is seeking patents If SO, how is
the adjoining land to be sold subject to
the rights of the Chollar-Potosi Com
pany If, by merely asserting that the
lode patented to this company is the
only lode underlying the land claimed
by the Julia Company, they can prevent
the issuance of a patent to the Julia
Company until the question is settled ~
to whether their assertion is correct or
erroneous, how can such ''ddjOini,ag land
erer be sold subject to the rights of the
Chollar-Potosi Company
The chief purpose of this mining law
is to open all the mineral lands Of the
country to exploration and occupation,
and thus to encourage and stimulate
mining operations. Hence the 4th sec
ton of the Act limits the quantity of
surface which any inGiridual may take
to two hundred feet in length, and pro-
yides that no person shall make more
than one location on the same lode; and !!
that not more than three thousand feet
shall be taken in any one claim by any
association.
Il seems to have been foreseen by the |,
authors of this law that without soma
unmistakable expression authorizing
Gland adjoining" to be sold. difficulties
such as this case presents might arise,
and, to prevent this and keep open and
free to Exploration and occupation all
the mineral lands of the nation, it was
enacted that land should be disposed OF |
in very limited quantities, and that lands
adjoining those first located should
remain open to exploration and sale, |
subject to steh rights as might have
vested in the first locator. Considering
this Act in all its parts, keeping each Of
its provisions in view and observing the
relations of one to the other, it seems
clear to my mind that in establishing |
this system for the sale of the mineral
lands. it wnsi intended to allow the first |