Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-05-28
VuREKA TOWNSHIP CASE
p,cId,d by the Local Land Olll''rS
lttsr Weeks Of Weary Wal Ing
,r,l TEXT or THE OPINION.
r,o Registrar aud Receiver h''c u"
Favor Of the Entry and
Against the Miners.
,r,L TEXT OF THE OPINION.

'S,he ,ppllcAnis for the entry OF tue
.a,,n.,,e and dlsmisses the protest filed
M f.. Powers ct nj. II was acci'
Ssu,ally lett out Of our columns last
svsn,pg but is herewith given In iuii'
STATEMENT
q, Noyomber II, 1880, Hon. Charles
:. ~ nrobato Judge OF Juab county,
,,'sh offered Tor fling In this ONCE MS
is,atory statement covering certain
.',ais of land which, amer excluding cof-
~. mineral claims, contained $3.50
~. IN trust for the uso aud beneht ol
~ .,ti,en- Of tho town OF Eureka.
This nlinr was rejected for tho reason
,.stthe application did not describe lho
'ssi by legal subdivisions aud Tor Tue
,-,ther reason that while tho tracts hp,,
rieI ior were alleged TO be non-inlneral
n character, certain mineral locatlons
~,,e excluded, "thus leading 10 tho con
,in.lon that tho laud IN mineral and NOT
,se.ubloct to townslto entry NO ap-
~ VA. taken from this rejection.
on January 2ird, 1901, the said Probate
Judge Fooio filed AN application TO puI-
ebase the tracts hrss above mentioned,
sertainiur $50 % acres. Attached 10 ms
.nnilraiion il tho affidavit OF Judge
Eve corroboratod by Duguld McAlut-
nhv and Milton T.. Price, setting iotih
MI tho application was made tor tho use
md benefit Of the citizens Of Eurok"i
~ a statement ~ to the number OF m
t.bilania aud tho Improvements Ia the
80, ana further alleging that while GER
AIN mineral entries had been maue ot
stound included In the TOWNSHIP npplica-
Nm and mineral applications for other
sround within the towusitc were pending
IN lbls office, vet all the ground applied
a. nv tho townsii people was essen iially
nnn.minefAl aud had boon used TOT town
ste purposes long prior 10 the mineral
pfior to this application there had been
dled the corroboraiod affidavit OF john
NcChryrtal, alleging generally that al
the lands embraced IN Judge footos
ding were mineral.
reeords Of this office an application for
mineral uainnt for the Consolidated,
North Extension, Zulu Valley and Ridge
claims ground within the disputed terri
tow had been filed ON November -,
I'D. and later ON pending the prclimin-
ay proceedIngsth following applications
we're hlodi
last Chance mining claim June II,
isll. 100,
Wolfe Tone mining claim, July %, lsOl.
Home Rulo mining claim, December
rs, i,0l.
ori January %, 1871. and afterwards
miscellaneous papers pun orting 20 10
protest, and adverse claims were med by
many ofthcl0t owners IN Eureka against
these mlnefal applications. The were
all felec ed - such on the ground that
lalleging no adverse mineral righp they
could not be considered rs adverse
claims within the meaning ~ the miner
llaw. From this acion an appeal was
takeu a. 10 one oasu which was decided
by letter Of February 5, l,Dl. sustaining
tbs office.
on February =, 1891, this office gave
notice that the proof IN support of tho
townsite application would DO considered
on June /. lsgi, and also ordered for tho
slme day hearing To determine,
fifst-As To the mineral or non. mineral
character Of the land.
stcond-As TO the prior occupancy and
ne a. between the parties represented by
the iownsite application and those CLAIM
Ing under tho mineral law.
On June |, 1871, thocase was called and
continued 10 August ~, 1891.
On the last named dalo the case being
again called the lownsito applicant, Judge
footo, presented his proof la the form Oi
al affidavit setting forth tho number OF
Inhabitants, the character oitho improve
ments, etc. In this affidavit II Il express.
ly conceded that the ground contained
within the claim Of q North Extension,
Zulu Valley aud Ridge Consolidated and
the Last Chance IA mineral In character
and lis excluded from the townslt0 apple
ca ion.
on tho same date other protests against
tho townsito application being filed by
numerous mineral claimants, a continu.
ance was taken to September ~, 1891
During that time this Office notified tho
General Land Ofiico Of the pending ac-
ton and requested u stay OF proceedings
Ato mineral entries Nos. 1921 and 1851.
The question then having come up OF
the juri ,dlction OF this Office 10 order u
. heaIingall proceedings woro stayed until
the receipt OF the honorable commission.
ets letter IN" Of September 70, 1871. BY
this ter II was ordered that tho hearing
proceed, and the attention Of this ofIica
was called TO the decision In tho Wood
run townsita case, letter sc" September
", wherein It was held that the applica-
Hon 10 enter townsiies should bo made
BY the district and not by the probate
Judge, and that tho scope Of the inquiry
concerning the case Mt bar should be con-
hned TO the following points;
First-.Whether the land embraced In
Tho iownsile application or any portion
thereof were known to be valuable for
mineral ~ the date OF said application,
january -, 9l,and " any are thus found
70 be valuable clearly designate the
same.
second-Wheiher tho lands or any por-
Won thereof were ascortalnod to he yaius-
slle for mineral subsequent to said town.
sle application, and prior tn their use and
occupation for residence or business
purposes, and " any are 30 found, tho
hAlne should be Identified and stated.
Amer duo noieo had been given 10 all
lAflle- concerning the above rulings by
Iue department, the date Of hearing wa
again hsod for December 80, 1891.
On that date tho townsile applicants
nltu an amended application made by
yohn W. blackburn, judge Of tho Firs
judicial District OF Utah, within which
district the ground IN dispute IL situated
Attached To tho amended application |,
MI affidavit made by Judge blackburn
antinlng and approving all that hat
zen previously done In the mater by
sldge Footo, and especially excluding thu
.HVnh Extension, Zulu Valley and llidg'
consolidated.
In the meantime other mineral claim
sns having Joined the prior professionals
~ ehse was proceeded with aud heard OF
ne lines laid down In the Instructions o
w honorable commissioner.
ine iouAAboye noted claims known u
~ Methrysipl Interest having been OK
sluuod from thoapplication, the attorney
prosecuting that interest Withdrew non
a y active participation In tho case; ID,
'net IMMORAL claimants aud protestant
nuohR represented by Bird a Lowe, an,
e lownsite applicants by Judge J. q
sutherland and'0. y. Davis.
D.ecision OF the Register and Receiver
me taking Of the testimony In thi
uase commenced on December no. 1851