, 1879-07-27
: tES.N
aeWASHINGT0N.
The Panoche Grande Case Before
the Interior Department..
Another Decision Adverse to the
New Idria Company.
Exports and Imports Of Merchandise Dur
ing the Past: Year.
pAN0CHE GRANDE.

PANOCHE GRANDE.
DEc1s1oa ADVERSE TO THE NEW 1DR1A COM
PANT. -
WASHINGTON, D. C., July 26.-The Secretary
of the Interior to-day rendered q decision ID the
long pending application OF the Now tdrla Min
fn9 COMPANY Of California for q review OF the
Deoartmeut's decision Of 1871, which rejected
their. application for d patent OF 4so acres OF
mineral land in California. Secretary Schurz
concurs in the decision Of 1871, in holding that
lurger quantity OF land is embraced In thls
application than was. contemplated or author
ized BY law.
By the decision Of to-day the New 1dria Com
pany, by its purchase Of the property, did not
acquire the right to hare or take patent LOT
more than 160 acres Of land. .... -.
Following is an abstract Of Secretary Schurz'
decision:
After reviewing the previous decisions OF the
Department, and proceedings OF the Supreme
Court, the Secretary says the latter determined
that the Pauoche Graude claim was
FRAUDULENT AND INVALID,
and that McGarrat1an had no right to any land
Hereunder. No action having been taken BY
Congress looking to the further suspension OF
proceedings in the case, the Secretary thinks
. L16 u1GllCAt1Du SuAA4A W tAANA ~ =
questions involved decided. The first objection
to the application vas that some OF tho neees-
sary steps in the case we're taken in direct viola
ton OF the orders Of the proper officers OF the In
terror Department, said objection referrne 10 Lne
action taken BY the SurveYor-General OF Call
fornia, and Register OF the United States Land
Office at San Francisco in causing the survey 10
be made Of the tract claimed, and in recelVln!,
application TO purchase said mineral lanus' anu
publishing the notices required oy law. oa'o
survey, the reception OF the Rpptlcatlon' anu
publication OF the notice we're made contrary to
Instructions issued By the Department. This
action was very improper, and should have been
visited with such punishment as the Depart
ment at that etlnc had the power to infl'ct-
The Secretary says be thinks it is clear beyond
q reasonable doubt that said mineral clam Is
not within the boundaries OF the Panocae:
Grande ranch as described in the petition OF
Gomez to the Mexican Governor for the grant,
nor in the decree Of the District Court which
Was
SUBSEQUENTLY SET ASIDE.
Here follows description Of the tract br
Gomez, ard the decision OF the court aud de-
scription of the patents to the grants adjoining
said tract.
:. The Secretary concludes that the lands upon
which said mineral claim is located never we're
within the limits described In the petition OF
Gomez for the Panoche Grande rancho, aud had
said rancho bcen confirmed it could not have
been located so as to include said mines.
The testimony submitted to remove the sec
opd objection OF the decision of Aug. 4, 1871,
in so far rs It relates to the posting Of notice
aud diagram upon the mine, IS still defective,
not showing the date upon which said notice
aud diagram were posted upon the mine. and
the date upon which it ceased to remain SO
posted.
The objections contained In the last clause OF
the decision of August 1871, relate to the proofs
OF the citizenship OF claimants and amount OF
land included in the application.
The cQuditiOn OF things which existed In the
mining district prior to the passage OF anY act
OF Congress on the subject must be taken into
consideration in constituting this law. Through
OUT the whole mineral region, adventurous per-
sons had explored for mineral wealth. III some
instances they had
LOCATED VALUABLE MINES,
and in, order to protect their mines and their
rights thew had adopted rules, laws, aud reguia-
tions, which were enforced by the miners with
great rgor. In this condition OF things the act
0: 1866 was passed, and the language used, in
mT opinion, fully justified the conclusion that
Congress intended that locations made under
circumstances above mentioned should stand. II
they conformed to the rules aud regulations OF
the particular miuing-distrlct IN which the mine
was situated. This view of the law is confirmed
py the PROVISIONS Of t1e a,, act Of Nay 70; lS13.
Icnger seem to have thought they could take
under their loral rules q tract OF
land which would include as much in the ag-
gregate as they could take separately, 160 acres
ing, made location embracing $50 acres, which
was subsequently
+. CUT DOWN TO $50 ACRES.
Secretary Schurz decides that Pitt Collins,
and Ballenger, as an association Of persons, had
q right to locate q tract OF land, including l60