Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1882-03-26
OF INTEREST TO MINERS.
Letter From the Land Commission
err Regarding Phil. Depangher-s
Rejected Claim.

er Regarding Phil. D~epanghers
Rejected Claim.
1t will be remembered that the Land
authorities at Washington recently reject.
ed the application Of Phillip Depangher fol-
a patent to the Eagle lode, Bullion Dis
trict, Lander County. Bullion District
lies a short distance southwest Of Beowawe.
The ground upon which the patent was
denied related wholly to the imperfections
In the description of the premises. There
was a failure to properly describe the land
sought to be patented by metes and bounds
and fixed monuments as the law requires.
The Eagle application was substantially
the same as hundreds Of others that have
been sent on from this State hitherto and
not objected to. The Eagle was selected
as the example to call the attention OF the
public to the necessity of complying more
strictly with the law. While the object
was all well enough, poor Phil. Depangher
didn't want to lose the money he had paid
to get his application for patent so far
along, besides having to go back and start
proceedings anew. Accordingly he wrote
Mr.. Cassidy in Washington, asking him to
look into the case, and see if the Depart
ment could not be prevailed upon to re-
cant and allow the Eagle application to go
through as others had gone, all subject to
like technical objections. The latter gen.
tleman presented the matter to the Secre-
tary Of the Interior, urging that the objec.
ton raised to the Eagle had already served
the purpose OF the Department in direct
ing public attention to the practice com
planned Of, which practice was more the
fault Of the United States Surveyor Gen
eral for Nevada thar Of the miners who
apply in good faith for patents for their
mineral lands, trusting, as they invariably
do, all things concerning the description
OF the premises to the United States Dep
uty Mineral Surveyor, whom they may
employ to make their surveys. Mr.. CASH
dy, it seems, was successful in securing a
reversal of the order and the patent for
the Eagle claim will be issued at an early
day. The ruling is important, as it may
operate to release applications for other
patents tied up in a similar manner, but
it is still more important in directing at
tention more fully to the requirements of
the Department in exacting the most rigid
conformity to the law in the matter of de-
scription in the future. The following let
ter Of the Commissioner to Mr.. Cassidy
explains the situation. Applicants for
patents will do well to heed what is there
in set forth:
DEPARTMENT OF THE INTERIOR, General
Land Office, Washington, d. c., March
Is, 1SS2.-Hon. G.. W. Cassidy, House Of
Representatives-Sir Referring to the
claim of Phillip D~epangher ct al, upon
the Eagle lode, mineral entry No. 493,
Lot No. 81, Bullion Mining District, Lam
der County, Nevada, l rave the honor to
state that this claim, like many others in
the same locality, has been very imperfect
ly described in the notice Of location. 1t
has been for a long time a matter of
serious consideration whether it would not
be best to reject all applications for patent
where the full letter of the law had not
been carried out in the location and survey
of the mining claim. In this particular
case it seemed that the right time had ar
rived to enforcing the strict
observance of the law in all it's details;
therefore the Eagle lode was taken as it
was in condition upon which to make COM
plant, and as it could be referred to as a
sample Of the unintelligible manner in
which many locations and surveys Of min
ing claims had been made in Nevada.
In many instances, in other States and
Territories, where the location notices Of
mining claims are not perfectly clear in
their description, the field notes of the
survey are relied upon TO explain aud re-
move any doubt which may exist in re-
gard to the location having been made and
marked in such a way that any one skilled
in such matters might go upon the ground
and discover the exact whereabouts of the
claim without the assistance Of a guide.
The ield-notes as returned to this office by
the Surveyor General Of Nevada are so
condensed and restricted in their descrip-
tion Of claims that this assistance is not
given; therefore the notices OF location
have TO be relied upon entirely to decide
whether the intent Of the law has been
into effect in the workings of the
claim upon the ground. In many in
stances mining claims have been located
aud marked upon the ground in the manner
prescribed by the statutes, but the lOcator's
knowledge not being Of the kind that
would enable him to properly state the
in his notice OF location, such COM
with the requirements OF the law
has only been ascertained by referring to
the field notes althe survey.
In regard to the letter, from this Office,
upon the Surveyor General of Ne
vada for further proof as to the identity
OF the Eagle lode or location, and the
as surveyed, and requiring in the
future more accurate description in the
OF location and field notes of sur
yeys, it was written with a view Of helping
the locator as we'll as to tighten the labor
Of examining the surveys of mining claims,
and contained only such additional sug-
as the exigencies Of the case
seemed to demand.
The claim OF Philip Depangher is in
some respects in no worse condition than
many that have already been passed for
and was held up only for the rea-
sons above stated.
As the fault in this case seems to be not
altogether that of the locator, and as it
may work a hardship not intended, the
claim will be allowed to pass for patent.
Very respectfully. N. G. MCFARLAND,
Commissioner.