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

upon issued. Such proceedings were thereafter
had that upon February 4, 1889, the register
and Receiver issued and caused TO be served an
order quashiDg said citation. Thereafter, and
after consideration of the record, the Honorable
Commissioner, by his Letter ''N' of May 81, 1889.
instructed this Office that jurisdiction in the prem
ises lay herein, and returned the entire record,
including the papers in NJ. A. 623 for considera-
ton and action by this Office. Thereupon and
good cause appearing therefor, citation was IS
sued and served, as appears by this record and
this hearing ensued.
The exhibits (maYs) as far as geographical
features are concerned are practically the same.
For convenience the largest map (Mineral Re
spondents' Exhibit 'F' ! Will be referred to.
The issues are clearly set forth in the citation
and in the letter of the honorable Commission
ers the basis thereof Questions as to INSULT
cheney of title, priority of right and others of
that character are wholly immaterial, and the
great amount of testimony thereupon is wholly
irrelevant, and Will not be considered or again
referred to.
The proceeding is strictly in REM No evidence
is german to the issue save such as goes to
show the character of the land lying within
certain well defined limits on the surface of the
earth, to wit, within the boundaries of mineral
lot No 80, lying in section So township 10 morrill,
range 10 east Mount Diablo base and meridian,
as officially surveyed by the United States Sur
veyorGeneral for the District OF California. The
other questions above referred TO may perhaps
be raised and determined either in another pro-
ceeding in this office or by action in the civil
Courts
In the determination of this issue considers
ton is logically directed to three several points,
l. The value of the entire tract for agricult-
urdl uses.
2 The value of that portion embraced in the
application OF Judge Myres for municipal or
residence purposes or as a site for town.
8. The value of the entire tract for mineral
uses.
The conflicts Of testimony are more apparent
than real. there is much difference of opinion
as to formations, as to boundaries of adjacent
mines, and as to results and values in the past
and at present. But there is but little contra
diction as to existent facts.
To review the entire testimony-which is very
voluminOus-would be weaI isome and would
serve no good purpose. Respective nsel
have presented at large, in their briefs, the evil
dence of the several witnesses as understood by
them. They have the advantage of each others
views. The Register and Receiver must con-
fine themselves TO briet summary of the facts
by them deduced from the evidence.
First-As to the agricultural value of the
tract There is some evidence going to show
that the extreme eastern portion of lot %, re-
ferred TO as Mrs. Hills orchard. possesses posi-
tive agricultural value but the great weight of
testimony IS to the effect that there are but
three or four acres of the extreme northeast
thereof that do not possess much greater value
for mineral than for agricultural uses, and that
no portion of the whole orchard possesses a
positive value for agricultural uses, the orchard
being unproductive, and during period of
| many years, since lis first planting, totally I'M
remunerative. There is no pretenSe that any
~ ~ fSSNNN~SS
ural value.
Second-As to its value for municipal or resi-
dence purposes or as ste for town.
Ihe first house was built where the town of
| Iowa Hill is now situate, in 1858 or 1854, at q
| time when the land was known to possess a pos
| tive mineral value, was being worked by min
| ers. and the house itself was store 10 furnish
miners with supplies. From that peri+d, aud
as prospecting extended and new mining enter
] prises were entered upon and more extensive
work done in the immediate vicinity and about
1 lou and ,sIa ,s,,;-.
| localities, the town increased in numbers and
/ in wealth. Its acme of prosperity was during
! the decade between 1860 and 1870. Since then
there has been an actual falling off in its popu-
| latiou, in its wealth and in its volume of bust
| ness. The town has three or four times been
| destroyed by fire, but has been rebuilt sufiici.
emily to meet the demands of its citizens and of
| business. AT present 1t contains less than 20J
| people. In years past the entire country to the
| north, south and west of the locality has been
| washed 10 bedrock by the hydraulic processes.
| The ceater Of business of the town formerly lay
| to the west of where it is now and without the
| boundaries of lot 80. At that point the bedrock
| lay from $50 to 10 feet below the surface, and
| the hydraulic workings necessitated the re-
| ton they now occupy The banks are precipi-
/ tous and almost perpendicular, and by reason
| of these former hydraulic workings portion OF
| the town as it now exits is unsafe.
| The total assessed value of that portion Of the
town lying within the limits of lot 80 is less than
| 5000. And the weight OF testimony goes to
| show that this may be considered fair assess
ment valustiOn, and that the real value of the
entire town does not exceed $1,000. Even the
| most saDguine OF the witnesses for the contest
/ ants do not allsge greater value than SIS, 100
| to $4,000. The bedrock, with course sub
| StantialIy from northwest to southeast, crops
| out across portiOa of the town whereon build
ings are erected at or near the northeast portion
of lot 90, and to the north and east of the bound
| aries of lot IS there is abundant space
and every facility for the erection of buildings
to satisfy ell the present prospective require
ments of the community on land which is ab-
solutely non-mineral. Iowa Hill makes its
railroad market at Colfax, about ten miles dis
tant, aud the road from Coltax enters the town
| from the west, being continuation of the town
street. For several hundred feet before reach
ing the town the road passes over q narrow
causeway left from the hydraulic workings
alike to the north and south. At some points
this causeway is not over leo feet in width. and
| at Wells. Fargo & Co.'S Office, where the road
enters lot 90, it Is between $50 and $50 feet in
width, W tn precipitous banks between $50 and
10 feet in depth on either side. The road is
unsafe. 1t is feasible to build safe and sufh-
Gent road little to the north of the present
road which will be of but little greater length
and viii meet ali requirements
| Thifd-AS to its mineral character, the great
weight of evidence is direct and positive. A
few of the contestants witnesses testify that the
land possesses no value for mineral purposes
but their opinion is mainly based upon the re-
suits obtained in former years. Failure 10 OBJ
tain rcInunerative returns from hvdraulic works
value of land for mineral purposes. With
improved machinery, with lower rate
of WAGES, with eheapened supplies and
| with increased knowledge, land which, in 1851
and 1858 could have been worked only at a loss
may, perha; s, to-day be worked q. g great profit
Some years ago all hydraulic mining in this vi
cinity. the debris whereof was carried INTO the
North Fork of the American river, was enjoined
by the Courts, aud since then no work has been
done to the north and west of this tract. To the
south and east of it lies the Indian canyon, into
hx-t ha acr.
to carry the debris from the hydraulic workings
Of this tract from the south, without infractions
of law ana without injury TO agricultural inter
ests.
Fully one-half of the area embraced in lot 9;
has, in former days, been worked to bed rock
to wit: That portion of the lot lying along the
southern and western boundaries thereof hi:
portion possesses no value whatsoever for agri
cultural uses or for residence or townsite pur
poses. IL is however, necessary adjunct tC
the working of the mineral lying within the re
manning portion of the lot. All of this remain
ing portion, save and except two or three acre.
lying at the northeastern corner, is aurifsro1s
gravel. yielding from the surface to bedrock
the bedrock on the west being at depth OF I5i
to 10 feet. and thence rising until 80 or 90 fee
below the surface at the south and east, ane
cropping out at the northeast corner The
weight of evidence goes to establish the fac
that this auriferoGs gravel will pay from the sur
face down an average OF ten Cents per cubic
ward. yielding large profit when worked b,
the hydraulic process, ard that oysrlying the
bedrock and below the lower grade OF aurller
GUS gravel lies a blue gravel cbanEe', ayersgini
eight or nine feet in thickness which viii pay
Wher worked, an average of g per cuoi
ward; the total value of The gold lying belog
the surface AID within the limits of lot %, beiD!
within 10000 and 5000
There is every facility for obtaining water il
sufficient on nifty and with sufficient presSur
to suces ssfully work the gTonnd. she evidenci
further shows that the enfire ira t may be sue
eeSsfully and probably worked by the drif