Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1890-02-08
SOME LAND DECISIONS,
Condensed from Cops Mining Rec
ord.

The Secretary of the Interior is authorized
to designate as agricultural only such land
as is shown to be properly and clearly agri-
cultural. Proof that no paying mines have
been discovered thereon is not sufficient.
Lands valuable for mineral are reserved
from sale, except as otherwise expressly d.
rected by law; and whether any certain
lands mineral or agricultural IN charac-
ter is a question of fact to be determined by
proofs, it being immeterial that the lands
had been borne on the official records, and
sold by the district officers, as agricultural
While the right to patent is equivalent
to patent issued, yet the purchase of lands
containing minerals under laws governing
the sale of agricultural lands, does not vest
any rights whatever in the purchaser, for
mineral lands are reserved from sale, and if
no right to patent exist, a patent cannot
legally issue.
The non- mineral affidavit required in az
ricultural entries may be made by an agent,
upon filing his authority to act in the prem
ises, and furnishing proof that his principal
is not personally acquainted with the land.
Where land is Of little value for agrcul-
tural purposes, but is essential to the proper
development of mining claims as dumping
ground, it should be disposed of under the
mining acts.
In cases where hearings are ordered to es-
tablish the mineral or non-mineral character
of land, if the land is situated at such dis
lance from the local Office as to impose in
convenience upon the parties interested, said
testimony may be taken before some officer
who is authorized to take The dispositions Ia
county clerk or notary public being prefera-
ble), the record of proof so taken to be
transmitted to the Register and Receiver,
who will render their opinion and proceed
regularly in the transmission to the General
Land Office.
Unsurveyed land will be presumed miner
al where the land is VIGOROUSLY SO consid-
cred, and the cause Of its occupancy is the
mineral it contains. The burden of proof,
in such cases, is upon those who would en-
ter the land for other than mining purposes.
The mineral character of a township is
portion thereof.
The burden of proof where land is re-
turned as agricultural is upon the mineral
claimant, and he must show, not that land
in the neighborhood is mineral and theoret-
ically the land in dispute must contain min
eral, but actually it does produce mineral.
Proof that the land is of little agricultural
worth is not satisfactory.
AS the land in question was returned by
the Surveyor General as agricultural in
character, and has never been Withdrawn as
mineral land, the burden of proof is upon
the placer claimant. The testimony adduc-
ed as to its mineral character is not satisfac-
tory. The testimony as to its agricultural
character is meagre, but similar land in the
immediate vicinity produces valuable crops.
Where land has been obtained as mineral,
and mineral affidavit has been filed. COW
ering only part of the land, an agricultu-
raj claimant must prove the agricultural
character of the entire tract before entry
thereof can be allowed.
The mineral claimants duty is to show
the nom agricultural character Of the land,
as we'll as its value for minerals He must
also prove that it is more valuable for min
ing than for agricultural purposes.
When there is any doubt whether a tract
is more valuable for mineral than for agri-
cultural purposes, final award will not be
made to the agricultural claimant; and a
hearing will be ordered to determine the
true character of the land.
In contests between agricultural and min
eral claimants. it is necessary for the miner
al claimants to show that valuable mines
have actually been discovered on the land in
dispute.
The rights of actual settlers upon lands
reserved as mineral which have been occu-
pied and used for agricultural purposes, and
upon which valuable Improvements have
been made, are protected, if no valuable
mine has been discovered thereon.
Where lands containing valuable mineral
deposits have been included in an agricul-
tural entry, said entry will be cancelled al
any time prior to issuance Of patent, upon
satisfactory evidence Of the existence Of
such valuable deposits.
An agricultural entry may be suspended
to await developments under mining loca-
ton.
Where the Governments interests are in
volved, as in question of the character of
land, appeal should be allowed, even if one
of the claimants be in default as to time of
,oL;nu aDpaal puleS IF practice applv IN