Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-04-06

Anew Proceeding I'm an Applica
ton for n Patent TO Mining

Anew Proceeding I'm an Applica
ton for n Patent 10 Mining
Ground.
The Virginia is a location belonging t.
the Richmond Company. The Uncle Sam
as is well known, long since passed into
the possession Of the Albion Company.
The Richmond made application for a U.
3. patent to the Virginia ground. The
Albion resisted the application under the
Uncle Sam title. The annexed letter from
the Commissioner of the General Land
Office at Washington to the local land Off
GERS here explains the status Of the case
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
WASHINGTON, D. c., March "a, 1881.
Register and Receiver, Eureka, Nevada
-Gentlemen l am in receipt of Regis
ter's letter Of the 22d OF September last,
transmitting the protest Of the Albion
Mining Company against the issue of pa
tent to the Richmond Mining Company for
the Virginia ground.
This protest consists of the affidavit of
l.. l.. Robinson, President of the Albion
Consolidated Company, and it is sup
ported by exhibits, showing mining loca-
lions and diagrams, executed by Thomas
j. Read, showing the relative positions Of
the various locations upon the ground.
1t appears that the Richmond Company
presented their application for patent De-
cember 20, 1879. An adverse claim was
filed by the Uncle Sam claimants, and, so
far as is shown, the suit or controversy is
still pending in the Courts. The Uncle
Sam shows only a small conflict with the
Virginia application.
The Albion Company do not file their
protest because of any conflict Of surface
rights, but allege that If the Virginia
claim is patented, as applied for, their in
terests will be injuriously affected. They
could not file an adverse claim, for the rea-
son hat there is no surface conflict, but
they are at liberty to allege any matters
which may show a failure on the part Of
the applicant to comply with law, or set
forth any matter OF fraudulent proceeding.
Two reasons are assigned why patent
should not issue to the Richmond Com
pany First, that the land as applied for,
is not identical with nor contained within
the lines Of the original location; but that
the lines of location have been so changed
to the south as to cover a large and valua-
BILE ore body not included in the original
side lines, and which ore body belongs to
the dip of the Albion lode. This allega-
ton, if s~ubstantiated, would render the
proceedings for patent on the part of the
Richmond Company null and void. Second,
1t is alleged that no discovery shaft has
been sunk within the Virginia location upon
the tract for which patent is now applied.
These allegations go to the very merit of
the application, and it is therefore, very
and important that an investiga-
ton thereof be had before patent issues or
any entry ia obtained.
You will, therefore, forthwith give due
notice thirty days of a time and place for
hearing of matters put in question by said
When the parties have appeared before
you, you will require them to make provi-
sion for the expenses Of such hearing.
Your investigation should extend to all
relating to the locus of the Vir-
ginia claim, as originally located, and as
now applied for, together with full inquiry
into. the question Of the compliance with
on the part of the applicant for patent,
and their predecessors in interest. In
short, the investigation should elicit all the
facts essential to a full understanding and
decision Of the case. Very respectfully,
j. A. WILLIAMSON, Commissioner.