The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-07-27
THE M'GARRAHAN CLAIM.
DECISION BY THE SECRETARY OF THE INTERIOR
DENYING THE APPLICATION FOR ADDITIONAL
MINERAL LANDS IN CALIFoRNIA-THE DE-
PARTMENTS ACTION OLE 1871 sIrsrAINEn


DENYING THE APPLICATION FOR ADDITIONAL
MINERAL LANDS IN cALIFoRNIA-THE DE-
PAYMENTS ACTION OF 1871 SUSTAINED.
WASHINGTON. July &c. 1879
The Secretary Of the Interior to-day rendered
decision III the long pending application of the
New Idria Mining Company of California for
view of the departments decision of 1871. which
rejects their application for patent of $50 OF
mineral land in California. Secretary Schurz con-
in the decision of 1871 lin holding that larger
quantity of land is embodied in the application than
was contemplated authorized by law" BY the
decision OF to-day the New Idria Company by pur-
chase OF the property Ibid not acquire the right
have or take patent for more than lGO of
land. The following is the text of the decision:-
THE sEcRErARY's DECISION.
have considered the application OF the Now Idris
Mining company OF California, Tor reconsideration
of the departmental decision OF August L. 1871 re-
jecting the application OF said company for patent
Tor 450 acres OF mineral land situated i'll Fresno
county, in the State of California. The application
patent was rejected for the following reasons-
Of the necessary steps in the case taken
Sesond-he evidence is defective In not showing that
IN identifying the the
1yd-rh.re is not sufficient proof the citizenship Of
that authorized by law.
The application Tor this review filed in this
department. December IS. 1871. and was rejected by
June Is. 1872. however. my predecessor.
Hon.. O. Deiano. revoked the departmental
decision of April 81, 1872 aud directed that
tho application should stand for consideration
II SAID decision had not been made The petition
for review requests an opportunity to be heard
the objections raised to the application for patent in
the decision Of August L. 1871. and also to furnish
testimony in support OF the citizenship OF its stock
taken in the since the order of
my predecessor of June Is, 1872. above men
toned. looking to tinal action on the petition
review until the present time, owing to the fact that
the right OF said company to patent for the tract
claimed has been questioned . both i'll Con-
gress and in the courts by William Mc(iarrahan,
who alleged that said mines situated in tho
limits OF the Rancho panoche Grande owned by him.
1t having been finally determined by the Supreme
Court OF the United States (see United States vs.
Gomez 90 Howard $780, Wallace sos, 3 Wallace
1852, Wallace 298 and Mc(iarrahan VS.. Mining Com
pany. Otto 5l6) that the Panoche Grande claim
fraudulent and invalid and that Mr.. Mc(iarrs han
had no right to any land hereunder, and action
having been taken by Congress looking to a further
suspension of proceedings III this case think the
application should now be taken up and the ques-
tons involved decided. Parties who bring their
cases before this department have a right
to have them acted upon and determined
within a reasonable time. The first objection
to the application was that some OF the necessary
steps in the taken in direct violation Of the
of the proper officers OF the Interior Depart
ment. This objection refers to the action taken by
the Surveyor General of California and the Register
and Receiver OF the Unted States Land Office at San
Francisco i'll causing survey to be made of the
tract claimed by the New Idria Company and in
ceiving the application to purchase the and
publishing the notices required by the act OF July
70, 1866 oath statutes. page 25l)
SECRETARY.
Your Office, by letters OF April Is and May %, 1867
and February ana August is, 1868, instructed the
Surveyor General OF California and the Register and
Receiver in whose land districts the Rancho Panoche
Grande and New ldria mines supposed to be,
not to receive any application for mineral claims
within the boundaries of said rancho. Notwlth-
standing these instructions the Surveyor Gen.
eral caused the mine to be surveyed and
aud st <bA
cisco land district received the application
of said company to purchase the tract described in
the survey, published notice of the fact that such
application had been made. and at the expiration Of
said publication allowed the entry and received pay
therefor This action. in view OF the instruc-
tons received and the proceedings pending in Con-
gress. was very improper and should have been
visited with such punishment as the depart
ment at that time had the power to in
fict. Upon such application being made
said officers should have submitted it to
the department giving their reasons, il any they
had, why the same, Notwithstanding the instruc-
lions received should be allowed, aud if. as it sub
sequently was made to appear the mine, or the
tract included in the oundares OF the Panoche
Grande Rancho that fact should have been explained.
above stated, think it is clear beyond reason
able doubt, that said mineral claim is not within tho
boundaries Of the Panoche Grande Rancho as de-
scribed i'll the petition of Gomez to the Mexican
Governor for the grant, in the decree OF tho Dis
trict Court which subsequently set aside.
1t will be seen that the boundaries OF the Rancho
mentioned in the petition and Ill the decree OF the
court the same, and ii the grant had been finally
confirmed it must have been located within the
limits therein described.
This survey. therefore. simply gave IL
all other provisions Of law relation to surveys
had been complied with, prima facie location to
the grant. il one haa ever existed The pnma facie
location however, would be overturned By the fixed
boundaries of the grant described in the petition
and decree. and said survey having located the
rancho o long distance from where it could have
been located according to the calls OF said petition
or decree. it had no force or effect
The objections contained in the last clause of the
decision OF August. 1871. relate to the proof Of
citizenship OF the claimants and the amount OF land
included in the application. These propositions will
be considered separately At the time said applica-
ton was filed the company presented proof showing
that il Incorporated the 18th OF July, 1858,
under the General Laws OF the State of California
with capital stock OF $4,000. divided into IFS
shares among eleven shareholders. This was not
considered sufficient proof OF citizenship and proof
was required OF the citizenship OF each OF the share
holders.
The rule Of evidence to citizenship has been
established since the decision above referred to was
made and. i'll my opinion. cures the defect therein
mentioned
The application for patent in this case is for 1870
acres mineral land. The location VI on which this
application is based made by Ii. T. Pitt, =.
Collins aud IL. q. Balengor. December Is. 1854 aud
embraced 6GC land, including the San Carlos
and Molina mines. the latter named mines having
been purchased in by the applicant
The location Of the New ldria mine by the parties
above mentioned was made in supposed conformity
the rules aud 9uations OF the San Carlos dis
trict adopted December L. 1854. which authorized q
person or an association OF persons to enter 100
OF land bearing silver or quicksilver ore.
In the department decision it held in effect
Smith that tho quantity of land which may be en-
tered on locations made prior to the passage
act of 1866 was limited by the last proviso of the
fourth section OF SAID act. In my opinion by the
second section of the act OF July. 1866. the claims
heretofore located If any. in accordance with the
local mining laws and regulations. were all autho-
rzed to be entered, although they might include
greater quantity than 5000 feet "a lode.
STATE or AFFAIRS IN MINING REGIONS
The condition OF things which existed in the
mining district prior to the passage OF any act OF
Congress on the subject must be taken into consid-
Grafton in constituting this law. Throughout the
whole mineral region adventurous persons had ex-
piored for mineral wealth; in tanccs they
had located valuable mines and ia order to protect
those mines ana their rights they had adopted
laws rules and regulations which enforced by
the miners with great rigor. In this conduon OF
things the act OF 1866 was passed. and the
had, In my opinion, fully justified tho conclusion
that Congress intended that the locations made
under the circumstances above mentioned should
stand IL they conormcd 10 the rules and regulations
OF the particular mining district in which the mine
situated. This view of the law L. confirmed by
the provisions OF the act OF May TO- 1872 az Stau es