Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-07-27
NEW IDRIA.

NEW IDRIA.
1S71-The New Idria Company Not En-
titled to Its Claim.
WASHINGTON, July 26.-The secretary of
the interior to-day rendered decision on
the long pending application of the New
idria Mining company, of California, for q
review of the departments decision of 1871,
which rejected their application for patent
of 48O acres of mineral land in California.
Secretary Schurz cencurs in the decision of
1871 in holding that larger quantity of land
is embraced in this application than was
contemplated or authorized by law. By the
decision of to-day the New Idria, by the pur-
chase of property, did not acquire the right
to have or take the patent for more than l6O
acres of land. .#
Following is an abstract of Secretary
Schurz' decision. After reviewing the pre-
vious decision of the department and the
proceedings to the supreme court, the secre-
tary says: The latter determined that the
Sanoche Grande clainf was fraudulent and
invalid, and that McCarrahan had no right to
any land Hereunder. No action having
been taken by Congress looking to the furth-
er suspension of proceedings in the case, the
secretary thinks the application should
be taken up and the questions involved
decided. The first objection to the
application was that some of the necessary
steps in the case were taken in direct violation
of orders of the proper officers of the interior
department, said objection referring to the
action taken by the surveyor general of Cali
fornia, and register of the United States
land Office at San Francisco, in causing the
survey to be made of the tract claimed, and
in receiving the application to purchase said
mineral lands, and publishing the notices
required by law, said survey, reception
of application and publication of
notice were made contrary to instructions
issued by the department.. This action was
very improper, and should have been visited
with such punishment as the department. at
that time had power to infict. The secretary
says he thinks it is clear beyond reasonable
doubt that said mineral claim is not within
the boundaries of Sanoche Grande rancho, as
described in the petition of Gomez to the
Mexican governor for grant, nor in the de-
cree of the district court which was subse-
quently put aside. Here follows a descrip-
ton of the tract, by Gomez, and the decis-
ion of the court and description of the pat
ents to grants adjoining said tract.
The secretary concludes that the
lands upon which said mineral
described in the petition of Gomez for the
Sanoche Grande rancho, and had said rancho
been confirmed it could not have been To-
Gated so as to include said mines. The testi-
mony submitted to remove the second objec-
Of fho1 An
as it relates to the printing and posting of
notice and diagram upon the mine is still
defective, Notwithstanding tho date upon
which said notice and 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 decision of
August, 1871, relate to proofs of citizenship
of claimants and the amount of land included
in the application. The condition of
things which existed in the m lining dis
trict prior to the passage of any
act of Congress on the subject must be
taken into consideration in constituting this
law throughout upon the mineral regions
adventurous persons bad explored for min
eral wealth. In some instances they had
located valuable mines, and in order to pro-
tect those mines and their rights they had
adopted rules, laws and regulations which
were enforced by the miners with great vigor.
In this condition of things the act of 1866
was passed, and the language used, in my
opinion, fully justified the conclusion that
Congress intended that locations made under
the circumstances above mentioned should
stand if they conformed to the
rules and regulations of the particu-
lar mining district in which the mine
was situated. This view of the law is con-
frmed by the provisions of the act of May
10, 1872. ii. F. Bit, P. G. Collins and II.
G. Ballinger seem to have thought they could
take, under their local rules, a tract of land
which would include as much in the aggre-
gregate as they could take-16O acres for
each-and in pursuance of said understand
ing made location embracing ego acres
| which was subsequently cut down to 48O
acres. Secretary Schurz decided that Pitt
Collins d Ballinger, as an association of per-
sons, had right to locate tract of land
including 100 acres that bore the kind
of ore mentioned in their local laws
but had no right to locate any greater
quantity. Their location, therefore
is voidable as to the excess included therein
The decision concludes as follows: ''The
New ldria company could acquire from them
no greater right than they possessed in viz
tue of this location, and by its purchase,
therefore, did not acquire the right to have OF
take patent for more than 16O acres of land.
must, therefore, agree with the depart.
ment decision of 1871 in holding that q
larger quantity of land is embraced in the
application than was contemplated or author.
lied by law. The application for recon
sideration of the department. decision Of
Aug. 4, 1871, and the issuance of patent tc
said company for the tract claimed, is denied
for the reasons stated
! More Pinafore.
The fact is noted by the Chicago paper,
that Haverly's church choir Pinafore com
pany will take to the road next week. The,
will give performances in Minneapolis on tn,
4th, 5th and 9th of August, and in St. Pau
on the 7th, 9Th and 9th. The Chicago Time
says:
The company will go out in full number, ant
present the opera with that completeness.
which has given the engagement at Haverly'
theatre so fiue q success. Chicago people ma,
commend the company to their sisters ant
their uncles, and the remainder of their occi
dental relatives.
| Rice Park Concert.
| The eleventh concert of the Great West
l