Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-06-14
sUfao fUnnsL cLAlns.

surae fUnnsL CLAlns.
The question has recently arisen u 70
The present. rieh. Of the sutro Tunnel
Company to claim anything west OF tns
Coustock lode. Over tvo ysars ego
thsy completed their tunnel through to
its connection With the great lode. and
dncs then have BEEN Engaged In running
III. lateral branches Of the tunnel north
and south along The lode. In s~eoordanes
With the original contract. Not diving
The main tunnel further vest. beyond
the oonstoek. gave some people the
idea that sven though the company
might have had some real or prospective
rights In that direction they bad for
1sitsd them. A letter on this subject
from the General Land 06aes at wash
ins.on To the Register and Receiver at
Carson City has been received. from
which the following sxtrsets are made.
and which explain and settle these and
Other phases and propositions In the
matter very lueidly and eonslusivsly. Il
10 Of no particular interest 20 far q the
Sutro Tunnel Company itself 10 con-
osrnsd. bot 10 Of vsry essential import
ana "a all old ~locators within the lines
Of the tunnel grant. or persons making
new locations thereon:
WASHINGTON, June 8. 1881 Gentlemen:
This ONCE 10 advised By your lsttsr that
zen have allowed the dling OF An appltoa-
fion Of patent 70 . mining claim lying
and partly within the Sutro tunnel grant,
II the linss Of said grant we're sxtended
beyond the limits Of the Comstosk lode.
You also stats that the Sutro tunnel reached
the Comstock lode about two years ago.
and that while lateral drifts have since
been run on said lode. no attempt has BEEN
made by the tunnel company 10 extsnd
thsir enterprise further west.
Upon this statement OF faets ysu request
The opinion Of this Office - 10 whether the
withdrawal from sale Of the lands within
The grant 10 Adolph Sutro. his hsirs and
assigns. by Act Of July 26. 1859. included
lands west Of the Comstock lode. within
the 2ooo-foot limits Of the sxtsndsd side
lines Of the grant. although the tunnel
shall never BE- constructed beyond the
Comstock lode. thus prohibiting the Gov.
eminent from selling that portion Of Ito
domain.
Sec. / Of the Act Of July as. 1888. grant,
Cd to 4. sutro. his heirs and assigns. the
right Of way 10 construct and sxcavats .
mining, draining and exploring tunnel.
and provides that said tunnel ''shall com
msncs d some point 70 30 selected BY the
grantee hsrsin. his hairs or Assigns. a. the
Ellis near the Carson river. and within the
boundaries Of Lyon county. and extending
from aid initial point In . westerly dirsc-
tion seven miles. more or less. 70 and be-
yond The Comstock Lode"
See. 4 gives 70 the grantee. his heirs and
assigns, the right TO purchase. at Is per
acre, such mineral claims and lodes within
2oe0 feet on each side Of said tunnel - are
sut, discovered or developed. By mining
and constructing the Same, through it, en-
tire sxtsnt, with all the dips. spurs and
angles Of such lodes. subject. however. TO
the proviaions Of this Act and 70 such
lexislatiou % Congress may hereafter pro-
vide; provided, that the Comstock lode.
with its dips, spurs and angles. II excepted
from this grant, and all other ledes. with
thsir dips, spurs and angles. located within
he aid 1000 feet, and which area may BE-,
at the passage Of this Act. In the actual
bona nds possession Of other persons. are
hereby s1oeptsd from suoh grant. And
The lodes herein excepted. other than the
Co~ssssh ieAs, shall b. withhold from
sale BY the United st,tss.
On July z, 1915. instructions we're 10
sued By this ONCE TO the Survsyor.G General
Of Nevada for an oflcial survey Of the 6u-
tro Tunnel grant. Said survey was ere
cuted In the same year and monuments
Nos. 20 and So are the terminal points Of
The westerly and southsrly lines Of the
Rrant, and all distant from the initial
monument seven miles. The Withdrawal
from sale made by this ofacs In accordance
with the provisions Of section 2 Of the
granting act. embraced all lands west -
veil q east Of the Comstock lode. within
The lines Of said survey.
The present length Of the sutro tunnel
a about four miles. extending from its
face 10 the Comstock lode. thus leaving
about three miles To b constructed vest OF
said lode. There 10 no provision In the
Act limiting. the grantees 10 . certain Pc
Yiod Of time In which TO complete their
work ON pain Of forfeiture Of the grant.
Even II such . provision bad been inserted.
10 would not DO within the power Of the
Executive Department Of the Government
20 enforce the forfeiture; the title Of the
grantee would remain unimpaired untl
Congress. by appropriate legislation should
declare the forfeiture, or provide for the
institution Of judicial proceedings for that
purpose.
The general mining act Of July 10. 1855.
- amended BY the act Of July Q, 1870, and
ths act Of Nay 10. 1871. provide that moth
ing In said acts shall b construed 70 re-
peal, impair. or In any way Affect ''ths
provisions Of the sutro tunnel grant"
Hence persons In possession Of such lodss
at the time Of the grant need not conform
70 the requirements Of the mining laws Of
The United States - 10 the performances Of
annual labor. A compliance with the
local mining rules. or regulations present.
Cd BY the Legislature Of Nevada. II any
there b. 10 sufficient for the purpose Of
maintaining the posssssory right to such
lodss. II such compliance b productive
Of hardships, 10 II Q hardship rsmediabls
only BY legislative action. NO power being
vsatsd In this ONCE to change or modify
The conditions Of the grant.
--
New York Tribune: Conkling says Il
Il ''sasy to see the hand Of Mr.. Blainsin
the manipulation Of newspapers all ovsr
The land" So Blaine owns them oil.