, 1879-07-30

s11:vEnroH, Cal, July 1o.-To-tlay THE TR1H-
USE Of the 1lth inst. wns shown mo with The
inquiry whether or not Mr.. Justice Miller did
really decide as stated lu the artic]c headed
"LcadyltIc-A Decision which Creates ConsscF-
ndtion in the Camp," Wllich appeared tn TINT
Issue Is correspondence Of tho ST. Louis
t,iot+- Deu,oc7uf. The importance OF the
subject all the error Which the writer
Of TINT article hns disseminated needs
tinlly stntci that land may DO oratca rs con-
tnttttllg lode ani patented, without linal ro-
course, much to tho detrl1ucnt a1Ml itj,ltticc ol
bonn tidn miners md capital, the result or
which would bc The uHsettlene'lt Of hall OF TUG
Titles III that cltnp nF any other.
The tcxt OF The ruling WIS rs follows: purfnc
ll,c trial Ut tho iron case onc Of The decndant's
witnesses was bslied II he Nonll contsicr the
tniueral u1atscs IN Tue ground n controversy fn
{Stcyefs and Letter. nh{cctctl, on the Grotl'nl
tflut tile patent WIS conclusive; that It called
for lode that could be followed In all It's dips,
faye lines vertically extended Of the patonted
ground. aud tint such htato Of thi''gs could
not be dlaputcd.
Tl,eir position was over1,l'ctl, md, during tho
statement Of rcasons b. Mr. 1usstca Miller. ho
not retiu'sos! by law to certify that = grant OF
land WIS nrtusily what IT was claimed to be tsn
less It wns grant IN t'rrstnft ttIat tle grant
nt mtucEa1 laalds Was not htlcsl grunt: tiIEt t1c
Commissioner or officers Of thu 1.and-Oillce
were not competent, or rs little entnpetent as
anybtNiy In tl,s woEl1.to ASCERTAIN wllu!er Ger.
tain piece of land contained . loGe; thai thcY
were l,ut required to 60: In fact, be dsd not
ihn, they had nny right to Inquire into T. at ali
| That, oven wcrc they awaru personally tint
.Ia lain Contained u lode, They would
havo no right to refuse to grant l1s
aso M '1ienesa snt to dsnaad asY pss acre or
it, To illustrate bis position, hi said man
might I!o n huutrrsl miles east Of Dcnvsr where
there was ncver supposed to ba anything, mora
aid stulio oil vat :'0U by 1850 icct anu afteF
| performing all thu renuircilcnta Of iaW as to
cxcayutiolla, publications, etc., 70 to tile La1'u-
Utt!ce With proper aiiltiaslta mt! evidence rot
fer s. per ucrc, ni! II there was no nlVerso
c!ain,, nobody disputed that he had loda tlero4
tie officers OF tin t.and0llco would llayo no
optloE but to isslle him patens.
liz further held Tint pakcnt TnH conclusive
for the mineral within tlle 6urfncc-ltncs, but alA
] not preclude pruof beIng gisun to sow That IL
was not . lotle, OF was not continuous whea1 IT,
parting tFom tile slou lines,
Iu tic cl,arxa to t!n: jurr, he dcfinc quart! or
oter rock ltt to lc mineral matter lnrlosed ny
walls Of any rocky substance, within wei!-letNcsi
| boundaries, ,l,ld quoted Mr. Justice Fttld's Re-"
marks OIL That subject.
From Inc Foregoing. II Will be seen TINT q man
i must first provo that he hls lotc, which he ID
ro1uircd 10 10 through ccrtaln foriiuula Of thu
Land Department., utri The ruling WIS TO tho
effect when ilu hau 1ono all the Department re'
ualreL the officers Ut ll,u Department bad lle
right to Eet.lse to Crn,t nun patent.
or coursp ln.cnt ,nay hc obiatned BY fratstl,
but, II sucll d statc OF things IL psoyolA u,t
pa,en, will be tet asIlc, in u proper action.
The article referred to was ona Of the mans
psuposlero..s stories Which more circulated u
t.rsuiyille WIile thu trial mas III progress, nt,t
which the writer OF thu aforesaid Hwalowrl
without nn Investigation Ut It's soGEcc. y
mnuy people iu l.uauyllc beinE Interested Il
t,c result Of tbs case, nt IT. fayor Of cnnlfnins
partias 10 their blt.lnes, Just!re Miller, It VA
expected, would uycrrn!e Judge llalictt on TN
question; hence cycrY woEd uttered hy h!tn dur
inw tho trial buartug uiMn any Ut their fayorit,
positions was eagerly listened lo and tcleCraphcs
10 Lcadytlla Without due confederation ut III
puiuls being decided, apparently hslnS under
stood wrongly BY persona ignorant ana . a!,as
Qualntcd Will legal forms. sTEao.