Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1876-01-09

fleet in width along the northcrly
end Of the claim. and l, 1856 6S-let
feet along the souther,y end.
In this decision the Hon. Secretary
held that ..the application undercon
sideration expressly alleged that the
local laws, customs and rules did
not permit any surface ground to be
occupied .except the vein or lode;
that the walls :of the lode were al
that date unascertained and uuas.
cer,ainable, but that the surface Of
the premises claimed was the surface
of said lode estimated at III
acres. The lode, so far as known,
was accurately described in both APP
plication and diagram.
he also states that the notice of To-
cation Of said Bullion mine ais
vague, uncertain. aud in itself al
most unintelligible. The only fact
it clearly shows when considered in
connection with the local laws un-
der which II WAS made, is that the
locaiors intended To claim sixteen
hundred feet OF the lode"
Tie subsequent convcyances by
the locators all describe the claim
more particularly as so many feet
upon the lode" 1 am satisfied
upon full consideration of ali the
facts presented tina, the rea! intent OF
the locators was to claim sixteen
hundred feet of the lode running
south from the Chollar Potosi claim,
in conformity with and in the man
ner prescribed by the local laws,
customs and rules and the location
notice ought to he 50 understood
and construed. As thus construed
il is not in conflict with the appli
cations" "As have already said,
the local laws allowed no surface
ground. except the surface Of the
lode. Tie walls OF the lode have
never vet been sseeriained or deter.
Under these circumstances
| see no way of disposing Of this
evidently meri,orious claim except
to patent it for an estimated surface,
or 10 grant the lode with right to the
surface over II, and leave the Ques-
ton OF the exteat Of such surface to
be afterwards determined. The
former, l think, ~ the preferable
course, The survey in question.
think, Is fair estimate of the sur
face of the lode, and as nearly cor
recs A. il is possible 10 make IL under
the circumstances.
In the sworn statement of the
Of said South Com
stock Gold and silver Mining Com
pany, accompanying said spplica.
ton for patent, he alleges that "said
Company has become the owner OF,
and is now in the actual quiet and
uudisiarhed possession of. and
entitled to the possession OF two
thousand (2oool linear feet of the
Comstoek lode vein, or deposit,
bearing gold aud silver. with surface
ground for the convenient working
thereof, as allowed py the local Gus
tonne a,.N xy,fs.~ ~ ,,,f,..Ss. y.kyS - =.
eral claim, vein, lode and deposit
and surface ground being situate in
the Devils Gate Mining District, in
the counties of Lyon and Storey. in
the Stale OF Nevada, and being more
particularly set forth and described
in the official field noses of survey
thereof herewith filed. dated the 1th
day of April, 1874. and in the Off
ciAl plat of said survey" We also
alleged that said Company aud
their ancestors, grantors aud prede-
cessors in interest have held, occu-
pied and improved said claim and
maintained the actual and undls
puted possession thereof from the
date of said record Of location, to-
Wit: The thirsieth OF April, lsT2, 10
the present date"
In the sworn statement OF G.. w.
Rodgers, filed by the attorneys tor
the paten,ees IN this office, with
their argument in the case, he al
leges ..thas said ledge has very large,
heavy and prominent groupings on
the surface, indicating its course or
direction, said groupings being in
some places at least two hundred
teet in width. the greatest width OF
the ledge 50 eisimed by said South
comstock Gold and Silver Mining
Company being shown by the crop
pings al Devils Gate" near the
southern end Of said claim. where
the out-croppings are NJ least sixty
feet high and not less than 400 Zee,
in Width
No sworn statement has ever been
filed dispating The sworn prof filed
by the applicant in tins case. and no
adverse claim WAS flied agains; said
application for patent. The location
notice in this case Mas full and con
SaAAt7n 40 aNtdAAtC uS&Ef3Rta0n Oh
the premises located - il was Gus.
tomary for miners to record pre-
yious To the Passage Of the mining
act of May 10, is72, vide decision OF
Hon. Secretary dated March -,
1875, 40 Mining Company, W. Bal
lion Mining Company, and that OF
LIST OF April. 1873, in case Of the An
telope, Prince of Wales and Wan
dering Boy mines. aud the decision
of this office dated January l, 1875,
which WAS affirmed by the Secretary
March :, 1878, in case OF the Red
Pine mine.
The objection urged At this late
day that the applicants had em-
brseed in their application for patent
surface ground with their said mine
Is oxerruled.
The second point raised by the
parties asking = revocation Of THU
patent Is that At the time Of thu