Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877, 1876-01-06
LAND OFFICE DECISION.
DEPARTMENT OF THE INTERIoR,
GENERAL LAND OFFICE.


;; REGISTER and Receiver, Carson City
Nsrada On the LIST O.
October. 1875. an application was filei
in this Office to revoke the paten. issued
. to the South Comstock Gold and Silver
Mining Company for their claim on the
Comstock mine.
The facts in the case are shown by the
records of this Office to be as follows.
viz: ...
On tine 29th Of May, 1874, the South
Comstock Gold and Silver Mining Com
pany fled In your office an application
for patent for certain mining premises
designated by the Surveyor General in
his official plat and survey thereof as
Lot IS, I. l6, n. L. u L. Monte
Diablo meridian. The notice was pub
lished for the time and in the manner
prescribed by law. The notices and
diagrams were duly posted upon the
claim and in the Registers office IN &C.
cordance with the requirements Of the
mining act.
| No adverse claim of any kind vas
asserted against said application for
patent, and the Law pr.sumes that no
adverse claims exist unless the same are
duly filed with the local officers within
the period of the publication Of notice.
The applicant bases its title upon r GER
tain location. recorded in the Recorders
| Office of Storey county. Nevada. on the
Seth Of April. 1872. This location vas
| made by Richard Mercer and nine
others, each locating two hundred feet.
The notice of location reads as follows.
viz:
Notice is hereby given that We. the
undersigned. have located and claim ten
(IO) claims Of (20O) two hundred feet
snch on this ledge or lode o! precious
b-aripg metals running from this notice
in southerly direction (2G0Ol two thou
.apd feet. This company shall be known
ss the South ComstOck Gold ard Silver
Mining Company. This is relocation
of the Lady Adams Company, dated
March y, 1860" Then follows the
narnes Of the locators and the number Of
feet claimed by each.
On the 18th of Iay. 1872, said COM
pany vas incorporated under the laws Of
tie State of California, and on the fol-
lowing day George W. Rogers. who had
purchased the entire interests of his CO.
iocators, conveyed said mining premises
10 said company. This mining claim is
situated in Devils Gate Mining District.
Storey county, Nevada.
At the date Of this location there wss
no Congressional enactment regulating
the width of surface ground which
might be taken by locators of mining
claim.
The act of July &c, 1866. under which
this location was made provides in its
first section THAT the mineral lands Of
the public domain, both surveyed and
uusurveyed, are hereby declared to be
free and open to exploration and occu-
patton, subject TO such resula-
tons as may be prescribed by law. and
subject also to the local customs and
rules OF miners in the several mining dis
tricts SO far as the same may not ne in
conflict with the laws OF the United
States"
There was no general law in force in
the State of Nevada at the date Of the To- |
cation of this claim regulating the width
of surface ground which might be in
ciuded in q location. This being deter
mined by the local customs or rules of
miners in the district where the claim |
WAS situated.
The written laws Of the Devils Gate
Mining District are also silent upon the |
subject of width of surface ground |
shich locators could appropriate upon /,
each side Of their lode. leaving this TO be |
determined by the customs of the miners
IL this district.
The second section of the DEVILS |
Gate laws il as follows. viz:
''All quartz veins of gold and silver or |
~ = u 81
two hundred feet on the lead. including |
all the dips, angles or spurs."
There are no other provisions what |
ever relating to the quantity or extent of |
loce claims. and no provision relating in |
any way to surface ground. except such |
ss are evidently intended to apply to
placer locations, it is clear. however. |
tina: it was the custom or rule in this |
district to take surface ground with |
quartz claims, and this fact is evidenced |
by ar examination of the proof submit
ted with the several applications for
patent from .aid district.
On the 22d Of March. 1875. the Hon. |
Secretary of the Interior i'll case Of the
400 Mining Company. vs.. the Bullion
Mining Company, construed the laws # |
the Gold Hill District. which laws bay-
the same provisions in regard t. lc.s- !
tions Of mining claims As those coTtiin |
si in the Devil Gate District.
TIE application for patent 10 case of /
the Bullion Company did not give the |
side lines Of the premises for which |
pal sut vas sought. but the 6na! survey |
thereof embraced surface ground ten |
hundred and twelve and twen-
t.-four hundred,hs feet in width |
.long the northsrly end Of the |
claim, and thirteen hundred and sixty |
six and sixiy-fve hundredihs feet along |
the southerly end.
In this decision the Hon. Secretary
held that .'the application under consid-
Grafton expressly alleged tha. the local
laws. custom. and rules did not PERM, |