Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877, 1876-01-06

Z, fact 1t clearly shows when considered II
| connection with the local laws under
| which i. was made. Is that the locators
intended to claim sixteen hundred feet
of the lode" The subsequent
| conveyances BY the locators all describe
j the claim more particularly Ms So mdas
feet upon The lode an satisfied upon
full consideration of all the facts pre-
| sented that the real intent OF the loca.
tors was to claim sixteen hundred feet Of
the lode running south from the Chollar
Po.osi claim, in conformity with and in
the manner prescribed by the local laws.
customs and rules and the location
notice ought to be SO understood and
construed As thus construed il is not
in conflict with the applications. las
l have already said, the local laws al
lowed no surface ground. except the sur
face of the lode. The walls If the lode
have never vet been ascertained or de-
termined. Under these circumstances
see no way of disposing Of this evidently
meritorious claim except TO patent i: for
an estimated surface, or to grant the
lode with right to the surface over it.
and leave the question of the extent Of
such surface to be afterwards deter
mined. The former, l think. is tho pre-
fsrabie course. The survey in question.
l think, is fair estimate of the sufaco
of the lode. and as nearly correct rs il is
possible TO make il under the circum-
stances"
In the sworn statement: of the Super
of said South Comstock Gold
and Silver Mining Company, accom-
panying said application for patent, he
alleges that said company has become
the owner OF, and is now in the actual
quiet and undisturhed possession OF,
and entitled TO the possession Of two
thousand (200o) linear feet Of the Com
stock lode, vein OF deposit, bearing gold
and silver. with surface ground for the
working thereof. as allowed
by the local customs and rules of mines;
said mineral cl i'm, vein, lode aud de-
posit aud surface ground being situate
in the Devils Gate Mining District, in
the counties of Lyon and Storey. in the
State of Nevoda, and being more par
ticuiariy set forth and described in the
official field notes of survey thereof
herewith fled. dated the 9TH day of
April, 1874. and in the official plat Of
5dlu LAC n.So sailStCAt tASt Shlu
Company and their ancestors. grantors
and predecessors in interest have held. |
D coupled and improved said claim and |
the actual and undispu,ed |
possession thereof from the date OF said |
record Of location, to-wit: The ,hir,ie,h |
Of April. 1872. to the present date"
In the sworn statement of G.. W.
Rogers. filed by the attorneys for the |
patentees in this Office, with their argu- |
nent in the case, he alleges THAT said
edge has very large. heavy and prom
inent groupings on the surface, indicat-
ing its course or direction, said crop
pings being in some places at least two
hundred feet in width, the greatest
width OF the ledge 80 claimed by said
south Comstock Gold and Silver Mining
Company being shown by the groupings
It Devils Crate" near the southern
md of said claim. where the out-crop-
pings are at least sixty feat high and not
ess than 400 feet in width"
No sworn statement has ever been
iled disputing the sworn proof filed by
he applicant in this case, and 10 hd-
rerse claim was filed against said sppli-
,a.ion fox patent. The location notice
in this case Was as full and contained as
accurate . description of the premises
located as it was customary for miners
% record previous to the passage of the
mining act OF Nay 10. 1872, vide decision
If Hon. Secretary dated March %, 1875.
l2O Mining Company. vs.. Bullion Mn
ug Company, and that of LIST OF April.
1875, Ia case Of the Antelope. Prince of
I'll Wan1Arrnn Row AVID
he decision Of this Office dated January
|, 1875. which was affirmed by the Sec |
etary March 8, 1875. in case Of the Red
Pine mine.
The objection urged at this late day |
hat the applicants had embraced in
heir application for patent surface
yrsund with their said mine il over |
'uied.
The second point raised by the parties |
Isking q revocation Of this patent is. |
hat at the time of the issuance Of said |
patent the Government had obligated |
t.eif TO give . patent to the Town of |
Silver City for large portion Of the
,ame tract"
A portion Of this mining claim is stu |
tied within the exterior boundaries of |
no kowa SstC VI AJilNC4 Stty, NCNbud, Oui |
10 title can be acquired 10y virtue of |
own site patent TO any mine Of gold. |
liver. einnAbar OK copper, or to any
ialid mining claim or possession held |
,nder existing laws" Vide Revised |
of the United States. Sec. 1892. |
The Government ressrving from all |
own site patents ali raid mining claims
" possessions. as well NJ ali mines Of |
,old. silver, cinnAbar OF copper. has the
light to dispose Of such reserved mines
md poss ssions TO parties who show
with the terms Of the law
'elatiug to the disposal OF mineral lands.
In the cnse under CONSIDERATION said |
company had shown compliance with
he terms of the mining act. from the
Iate Of the location of their claim had
presented proof Of occupation and pos