Sacramento daily record-union., 1888-09-26
AN IMPORTANT CASE.
Ihs Receiver and Register of the Lal
Office Disagree.

Office Disagree.
Req lster Heizel and Receiver Linthicum
of the United States Land Office in this
/ city, have each forwarded TO Washington
opinions in q case entitled Central Pacific
; Railroad Company, applicant, VS.. S. D.
Valentine, mineral contestant, and any
mineral claimants" The case is one OF
great importance, and the final decision of
the General Land Office will be watched
with interest. The two gentlemen arrive
at opposite conclusions as will be seen by
/ The following finding Of facts and conclu-
! sions Of law as given by each.
/ THE RECEIVERS OPINION.
| Mr.. Linthieum's findings of facts is as
| follows:
In 1866 or 1866 the Rising sun mine was dis
covered and located in Section 90, and patent
was obtained for the same in 1870 without pro-
test from the Central Pacific Railroad COMPANY
! SAID Rising sun mine was operated until 1882,
and gold OF the value of 81 100000 was extracted
therefrom. In 1889, said mine having ceased to
; be profitable, work thereon was discontinued
and has not been resumed.
The Milford mining claim, now known as the
| Big Tree mine, was originally located in 1866,
subsequently bought by the Rising sun Com
pany, and work was done on the location by the
Rising sun Company up to 1886. The ie5ge was
/
sun. The quartz formation and country rock
are the same in both mines Said Milford claim
was relocated by Very and Nichols as the Big
OAK Tree in 1889, and has been actively and
continuously worked since then. About $4,000
had been taken out of the mine prior to the de-
struction of the hosting works by fire in
August, 1887, and recent extensive improve
nents have been erected thereon.
Lying around and adjoining the Rising sun
mine are four mining Claims to-wit: the Big
OAK Tree, Little Pine Tree, Very and Golden
Eagle, Ia each of which quartz in place bearing
gold. has been discovered of sufficient promise
loJustlIg the development OF the same. These
four locations lie within lots J. . 3, 4 and of
the, southeast quarter of section 80 aforesaid,
and embrace a part thereof. The testimony
does not show that any of those lots are mineral
in character, except within the limits of said
four mining claims
Ine only land claimed to be n-mineral in
character by reason OF the exhaustion of the
mineral and abandonment, is a portion of the
southeast quarter of section 33 lying between
the Rising sun mine and Bear river The testi-
mony shows that there was some surface min
ing III a ravlne running down the Rising sun
mine 10 Bear river and also in the bed of said
river, between the years 1897 and 1862, both of
which we're abandoned IN I.62 and have not
been worked since.
His conclusions of law are as follows:
That the lands embraced in the mining claims
known as the Big Oak Tree" Little Pine
Tree, Wherry" ana Goldsn Eagle" are all
mineral lands
That all of lots of said section which are not
embraced in the said mining claims, and the
pretended ground Of the Rising Sun mine are
agricultural in character.
That survey should be ordered to segregate
the mineral land embraced in said mining
claims from agricultural land, of which the
remainder of said lots is comprised.
THE REGISTERS OPINION.
Mr.. Hetzel's finding of facts is as follows:
That the Central Pacific Railroad Company of
California actually constructed and had in
operation as early as September, 1865, their rail
road through the land, and no change in the
route has been made since that date.
That by official survey, approved by the Sur
veyor-General of the United States for the Dis
trict of California December 26 1865, the whole
OF section SO of said township, became identi-
fed as an odd numbered section, within five
miles of said road, as actually located and CON
stucted.
The whole of said section SO was after the
said location and construction of said railroad
duly returned by the Suryeyor-General as agrI-
cultural land, and no part of it was returned or
denominated as mineral land.
That at the time OF said return of said land by
the Surveyor-General and the construction of
sald road there were no mines in operation upon
SAID lands, nor upon any part of said section SO,
nor was any part of said section 80 known to be
valuable for mineral land.
That the railroad company's rights to the
land in question acquired precision on the 26th
day OF December, 1865, and vested as of date
July /, 1862.
That the first discovery of mineral on said
section was in March, 1866, when the tract
known as Mineral Lot 81 was located by one
Neh, as the Rising Sun Quartz Claim; that the
same subsequently went to patent from the Gov
ernment, and that it was subsequently by its
owners deemed exhausted and has not been
worked since 1889.
That after the location of the Rising Sun mine
and about April 1866, another mining claim
was located upon lot 3 of the southeast quarter
OF said section 81 being a part of the land in
controversy, and was called the Milford claim,
but 1t was not operated mine nor was il
proved 10 be valuable for mineral purposes until
after It's relocation in 1888, under the name of
the Big Oak Tree mine, by the sssignors of the
present mineral contestant.
That said Big Oak Tree claim now contains a
known mine, and is of more value for mineral
than agricultural purposes; that it was not
proved TO nave any value for mineral uses until
subsequent to 1888.
That all the other mining locations on the
southeast quarter of said section S3 consists of
quartz claims surrounding the Rising Sun mine,
none OF which have been worked as mines or
proved to contain mineral in quantities suf1i-
cient to paw the expenses Of extraction and
that all OF them have been located since the re-
location of the Big Oak Tree mine. in 1883
That there are no placer or gravel claims upon
any of the tracts in question.
That the land in all OF the said tracts is agri
cultural land, adapted for fruit trees and vines
His conclusions of law are as follows:
That the title of the Central Pacific Railroad
Company, under the Act of Congress, became
vested as tOall the lands in the southeast quar-
ter OF section 3S, of date, July /, 1862.
That at the time said title vested none of the
lands in the section were within any exceptions
| from the grant by reason of any status as min
ing lands.
That the subsequent discovery of minerals in
paying quantities on that part of lot of said
southeast quarter occupied by the Big Oak Tree
mine does not affect the right of said railroad
company or lts grantees
| That the Central Pacific Railroad Company is
entitled 10 patent for all the tracts the subject
| of this hearing.