The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-01-27
THE SECTION IS MINERAL.
Important Decision Involving Land
in the Blue Cloud Disirie.
Near Helena
Tho Commissioners Decides That
the Northern Pacific Has
No CLAIM to It
A Group OF Claims AdjoininE the Fa-
mon. Cemer on which work WIN
Now ne Prosecuted.

The eounmisslonsT Of ths general land
Office has rendered = dsoition involving the
mineral character of = section 81 land close
40 Helena. The tltle OF ths case 10 WA J.
sveeney vs.. The Northern Pacific Railroad
eompany. The land IL in the Blue Cload
mining district section IS. In 1891 Nj.
swssusy located the Waterbury. Balls
Head. Wild Bill, Blue Cloud, Friday and
Glueose lodss in this section. The land IL
within the plaos limits Of the grant 10 the
Northern Pasins railroad company. accord
inc 20 the map Of the general route filed in
1874. ana hat Of the dshnite location hled
In 1852. The railroad company protested
against MIR. Swssney's alag and af'sf a
hearing before the Helena land ofhesrs the
decision was in favor Of SuseneJ. In tnsf
decision the local ofaosus say The only
testimony was that Of plaintiffs counsel.
who testified 90 ths existeAos OF patented
lode claims on said section. immsdiats'y
adiaosn, 10 these now applied fer; OF aun
20 quist title thereto brought by she swn-
srs Of one Of said claims aRains, this de-
f.ndsnt COMPANY; Of . disclaimer thereto
hlsd By defendant sRd judgment In favor
of plaintiff. Alss that be, counsel, had
notified the csmpAnJ's attorney, +. n. Dad
Law. Fso.. Of his intent 20 tender this apsli-
sa.ion for patsut, and had asked him tDud-
levi ts file a disclaimer OF title 90 the land,
Uhish Dudley refused 20 do, lest u would
smbnrrass the eompsAy'G claim 90 indem-
nifty therefor; that Dudley stated TO him
the company recognized the mineral CHAR
sotsr of The land Aad that 10 had been so
Known since 1865. From this decision the
railroad eompsnv appealed 30 the commits
sioner of the general land ofhos.'
In the hearing before the com missioner
"A dsvsloped that In 1884 the Burvsyor-gen-
eral Of Montana was notinsd BY the then
connissioner that nOtwithslandinG 'ne
DAINTY surveyor had returned the lana IN
ousatiop az agricultural the township Was
mineral, elsven claims on u having oesh
app, owed for pAtent pfi0I 20 1855.
fhe commissioner. in his decision. says;
at Appears these ciainu we're located IN
1891 OF 1892; $3.50 has been eApsnaea
thereon in permanent and valuable mining
iuproVemsnts some OF the Numerous
shafts being ffty-hVs feet deep. We asesr-
tain this from the suIVeJoia reporh N
which 10 also set out the fact that vein OF
quartz In place exists upon saeh OF Sale
lodes. In thss case the burden OF proof
nupon the plaintiff, and while upoh the
bearina he submitted no evidence or testi-
monv directly proving the mineral ehhI-
aeter of the land, We are OF the opinion DIS
application should be received. tpossessss
ali she reQuisites of . valid application.
While ths afiidAvita . paft OF II, afs eK
parte they serve to establish the good rama
Of the applicant. The company's adnis-
sion Of the mineral character OF the
land is testified 20, which Is safheisnt 70
eliminsts It's claims TO the land frsn con
sideration in the case, and ths oompany's
claim being so eliminated, The aDplioAnt
and ths QoveFnmsnt are the onlT interested
parties; and no known reason exists way
she application should not be received. We
90 recommend aad taat defendants selso-
tlon be cancelled TO the extent Of ths eon-
hicL"
The decision Is one that means a good
deal for one Of ths richest gold bearing
districts In the vicinity OF this city. A
great deal has bssR heard lately OF she cell
ebfatod Blue Cloud nina which adiOins
she ground claimed By Mr. sweeney. The
Blue Cloud was located June Q, 1865. and
was considered a. the time the best quartz
location In Montana In 1867 the Blue
Cloud was worked By the Lafayette Aiming
company with a twenty stamp mill, and 81
the time they eOmmanced 20 work the mine
there vas 400 tons Of ore on the dump.
The Affidavit Of J. j. Comel, the locator OF
the property, shows that from a single
wagon load Of loose dirt and hue ore $40 in
gold was obtained BY alaicinR II. J. J;
In the old time way OF mining
raised the ore ia the shaft With windlsss
aud bucket and hauled IL four miles to an
arastra located on Ten Nile 81 stands
there az the present time. Rnd made good
money at the business. Conner finally sold
the property 20 Thomas erase, OF this city,
and for the past three yeafs Mr.. Cruise has
been developing tie property and taking
out ore with good force Of men and i'm
proved machineFy. Part of ths output of
she mine has been millsd and there IL
ut the present time Thousands OF dollars
worth Of ore on the dumps AZ we'll as In the
mine. Tho mine Was on an odd section,
and one OF whish the Northern Pacific rail
road had made a sPeeial selestion. In Feb
ruary, 1888, Mr.. CTuse bfouRbt suit
against the Northern Pacific Railroad
company to Quiet tlte 20 his mining
property, a patent for which no had, and
which was q anted in 1884 The railroad
company admitted the mineral chaInotsr Of
the country ia which the mine IL located,
and tbs cass Rever cams 10 iasue. a. the
company confessed judgment. One cur
ious fact about the township IN which this
property 10 situsted Is that IL 10 returned as
agricultural land. when as a matter OF fact
at the time the return was made there were
fourteen mineral applications for patent IN
the particulAf section IN which she Conner
mine 10 located snd Immediately adjoin-
ing the Conner are situHtsd the claims Of
NJ. Sweeney.