Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1879-08-01

Secretary Schurx Reverses the De.
cisiou of h Land Commissioner.

I'm AkC9
cisiou of the Land Commissioner.
The following letters explain themselves:
DEPARTMENT OF THE INTERIOR, !
GENERAL LAND OFFICE
WASHINGTON, ID. G. July %, 1871
Register and Receiver, Eureka, Nevada:
GENTLEMEN: l transmit, herewith, CODY
Of decision of the Hon. Secretary of the
Interior, dated July II, 1879, in the case
Of George A. Saycr and Samuel Goldstone,
adverse claimants, against the Hoosac
| Consolidated Gold and Silver Mining
Company's application for a patent to
l5UO feet Of the dolly Warden Nine"
Secret Canyon Mining District, Nevada.
The Hon. Secretary decides that the ad-
verse claim Of Sayer and Goldstone was
legally filed within the period Of publica-
! ton, and that il suit was commenced
within the time prescribed by law, the
! rights Of the above claimants are protected.
You will at once notify all parties in in
terest hereof, and call upon Messrs.
Sayer and Goldstone for proof, by certif-
cate under seal of the Court having juris-
| diction, that suit was commenced in this
! case within thirty days from September
10th, 1877, which proof, when furnished,
you will Immediately forward to this
office. Very respectfully,
j. A. WILLIAMSON, Commissioner.
THE sEcRErARY's DECISION.
DEPARTMENT OF THE INTERIOR,
WASHINGTON, July II, 1879.
Sir: / nave considered the appeal Of
George A. Sayer and Samuel Goldstone
from your decision of March 80, 1878, re-
jecting the adverse claim of the appellants
10 the application Of the Hoosac CONSOLE
dated Gold and Silver Mining Company
for a patent for 1880 linear feet Of the
Dolly Warden mine" Secret Canyon Min
ing District, Eureka, Nevada, for the rea-
son that said adverse claim was not filed
within the time required by law.
You held that "Officers are not expected
nor required to transact official business
after office hours, nor to have their Offices
open for the transaction Of business on
Sunday, and as this adverse claim can
only he considered as filed on Monday, the
18th Of September, 1877, it must be re-
jected."
From the statement OF facts presented in
this case it appears that the Goth day of
publication OF notice of the application fell
on Sunday, September Is, 1877; that about
10 p. NJ. OF the previous day Mr.. Sayer pre-
scented his adverse claim, and rendered
fees for the filing Of the same to the Regis
tGT VI t.it Ldiu Olltts w iciuScu W z
ceive said adverse claim or the fees for FL
ing the same; that on the following day
Mr.. Sayer presented the adverse claim to
the Receiver of said Land Office, who ac-
cepted it, filed it, and received the fees for
the same.
While it is true that officers are not ex-
pee ed nor required to transact business
out OF Office hours, or on Sunday, still
there is no law Of the United States pro-
hibiting them from doing such business;
nor an | able to find any law Of the State
Of Nevada which prohibits the transaction
of ordinary business on tie Sabbath day.
Both Of said officers might properly have
refused to receive such application either
out Of office hours or ON tne Sabbath day,
but the Receiver did receive the adverse
claim, and fled the same. aud by so doing,
if suit was commenced within the time
prescribed by law, | am Of the opinion that
the rights OF the appellants we're protected.
You decision is therefore reversed, and
the papers transmitted with your letter Of
May s, 1879. are herewith returned. Very
respectfully, G. SeHuRz, Secretary.
The Commissioner Of the General Land
Office.