The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1874-06-04
mpoRrANr LAND DECISION.

The decision published below is clipped from
the Owyhee Avalanche, and contains much IN
formation valuable to the people OF Boise and
Alturas counties, as well as other mining Sec
tons Of the Territory:
STATE OF NEVADA AND THE CENTRAL IA
cIFIC RAILROAD COMPANY vs. SURVEY
oR's MINERAL RETURNS.
Under the act of July 26, 1866, the Secretary
| of the Interior is authorized to designate %
AGRICULTURAL only such lands az is shown to
BIZ properly and clearly agricultural Proof
that no paying mines have been discovered
thereon is not sufficient.
E.C.F.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE. :
WASHINGTON, ID. c., April 3, 1874.
REGISTER AND RECEIVER.
Carson City. Nerada:
GENTLEMEN 81 have carefully considered
the papers and testimony transmitted with
your letter Of 18th September, 1873, in regard
TO the mineral or nOn.mineral character OF the
w. ! Of the N: E. ! and s: Z. Of n; =; sec
10. the S. w. i Of N. w. !, the N. w. Of s.
W. !. the s. Il. / Of S. w. i, and the s. Of
s. e. !. sec. 81, in township IL, N. r. 81 east.
Mt Do Mer., claimed by the Central Pacific
Railroad Company, and the N. 4 Of the N. W.
/ sec. 20 and the N. ] of N. 4. /. sec. %. Sc
lected by the State Of Nevada under the 9Th
section of the act Of Congress approved Sep
TENDER 4, lS4I, entitled IAN act to appropriate
the proceeds Of tho sales Of the public lands
and to grant presumption rights" and the acts
of Congress approved July 1, 1866. and June
10, 1868
1t appears that the Surveyor-General OF Ne
yada caused to be endorsed upon the township
plat of + II n, r. II E., Mt. DO. Mer these
words: THE above township 10 rough, bar.
rem, volcanic country. the hills generally broken
and rocky; the south half Of the township con.
tains gold and silver.bear,ng quartz veias. the
great Comstock lode passing through actions
20, %, 81 and 81. in which are situate Virginia
City and Gold Hill"
The proof sustains the return Of the Survey
orr General.
To disprove the mineral character Of said
tracts hearing was held. after due notice and
in the manner prescribed by circular instruc-
tions.
The testimony establishes the fact that no
mines have yet been discovered upon said
tracts. but they lie 10 the mineral belt aud in
the immediate vicinity Of tho Constock lode.
and notwithstanding no mines have been dc.
veloped th. character of the land. its location.
and the testimony indicate the existence Of
mineral therein. while the fact ia clearly es.
tablishcd tina, the lands are not Of any value
whatever for agricultural purposes. and that
il they have any value the same consists in un.
developed mines.
Congress has from its earliest legislation In
reference 10 public lands made distinction
between lands which are mineral and those
which are agricultural. and this distinction
has been invariably enforced in every public
land law enacted BY that body up Ia the pres
cns time. Some Of the acts prior to 1880 pro-
hibised the extensions at subJivisional snrerys
over large districts which were held and re.
scrved 40 mineral lands and subject 10 cxplora.
ton as such.
The policy of restricting subdivisional sur
vr,s 10 agricultural lands was abandoned.
however. by act OF Congress approved July
20. l-66. which provides. among other things.
Tor the extension of the subdivisional surveys
over mineral lands. and recognize homestead
and pre- cmption rights Ia land therein which
are properly agricultural" and authorizes the
Secretary Of the Interior to dcsgnaie aud set
apart such portions as are clearly agricultural"
to be thereafter subject 10 disposal as other
lands Of that class
II 10 clear from the language Of this statute |
that Congress did not intend to abolish or do
away with the distinction between mineral aud /
agricultural lands or tn allow mineral lands To
be classed and disposed Of a. agricultural; but
il simply provided that the public surveys
might be extended over regions that were 80 |
clearly not agricultural 10 character that they |
had previous tn that time been regarded and |
treated az exclusively mineral, and that such !
tracts az should appear to be- clearly dgricHi.
fnrai might be set apart for disposition N ae.
lands. while the mineral lands,
which. under that act. include all lands in |
mineral regions not properly and clearly aqri. /
cultural should be still reserved for disposition
under the laws relating to lands If that class;
or in other words. the act Of July 26, 1866.
did not abolish the previous rule and policy Of
the Government. but merely modified them 40
far IA n extend snbdivisionnl surveys over
mineral lands. and authorized the Secretary Of
the Interior to designate and set apart for az.
entry such tracts a. should be found
to be claarly agricultural in character.
Under this law the Secretary Of the Interior
is not authorized to set apart and designate
lands as agricultural simply because there 10 no
proof to show that they are not mineral for
this would defeat the object and purpose Of the
laws which hold mineral lands open to explo.
ration and development. and enable parties tn
appropriate undeveloped mineral lands a. .
ricmltural
The power Of the Secretary Of the Interior
10 confined 10 designating the setting apart
such tracts as arc clearly and properly dgri.
cultural, and no others.
In this case the lands were returned no min.
n 49, r..