Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-01-14

process. The two or three acres of land lying
| beyond the bedrock groupings. in the northeast
corner, lie without the limits of the town site as
applied for, and possess little or no value for
agricultural uses They constitute an isolated
tract, but would possess positive value to the
owners of the mine in aiding in the working
thereof On April 10, 1887, the mineral respond
ent having complied with all the requirements
| of law, procured 10 be filed in the local office
their application to enter Ill of Lot 95 under the
Act of May 10, 1872 Since that date and pend
their proof as required by the Statute and the
rules and have made their application to pur-
chase the same, and rendered the price thereof.
FINDINGS OF FACT.
The Register and Receiver, being fully ad-
vised in the premises, find the following facts;
l. Mineral Lot No. 90, Section 49, T. 10 N. R.
10 E., NJ D. B. & NJ, possesses little or nc value
for agricultural uses.
. It possesses but little valne for municipal
or residence purposes or as seat for town.
8. 1t possesses q positive and high value for
mineral purposes.
CONCLUSIONS OF LAW.
The Register and Receiver holds:
l. That the contest of JOS. p. Byrne be dis
missed.
2 That the contest of B. F. Myres, as Trustee
for the inhabitants of the town of Iowa Hill
against the mineral application for lot 80, be
dismi- sed.
3. That the application of said B. F. Myres to
be allowed to enter as townsite the fractional
northwest quarter of section 80, township Is
north range 10 east, be denied in so far as the
same embraces any portion of mineral lot No
So
4. That mineral application No. 1928 remain
intact.
s. That if all be found regular, j. B. Hobson,
Jos. Lakin and Alexander Rossi, and their SUI
cessors in interest. be allowed to make final
payment for said mineral lot 90.
6. That upon such payment, final receipt
issue to them and patent in due course.
They so decide.
sELDEN HETzEL, Register.
j +. LINTHICUM, Receiver.
Since the conclusion of the evidence in the
case three several documents, ex parte petitions
to the Honorable the Superior Judge of Placer
county, purporting TO be signed by citizens OF
Iowa Hill, have been presented for filing. The
first and third pray his Honor, on behalf of the
inhabitants to cause this suit to be dismissed.
The second prays his Honor to continue the
prosecution thereof. While not refusing to file
the same, or transmit them with the record, to
the Honorable Commissioner, the Register and
Receiver are of the opinion that they are totally
irrelevant and immaterial.
l. A hearing of this character having once
been instituted, the Government is ex neeessi,
tate interested in the determination thereof, and
the entry of final Judgment.
2 The Superior Judge is clothed by law with
the powers of a Trustee in the premises, and 1t
is for him solely to determine whether or not his
duty requires the prosecution or dismissal OF the
case.
g. The Register and Receiver have no means
OF knowledge whether or not the parties signing
any OF these petitions are the cestui qui trust,
contemplated by the statute.
1t is ordered that copy of the foregoing de-
cisiOn aud of the report of the Register, by him
made, during his personal visit 10 the premises
ia controversy, be served by registered mail
upon D. w. Spear Esq, the attorney for con-
testants, and upon John NJ Fulweiler Esq, the
attorney for respondents.
SELDEN HETZEL Register.
]. F. LINTHICUM, Receiver