The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-12-22

| such determination shall be certified to the
register, and such determination shall be
binding upon him, ana shall be forever
| conclusive as to the character of the land
| ia question; provided. that the presence of
rock, earth or gravel, bearing gold. silver,
\ cinnabar, petroleum or other valuable
mineral. shall be regarded as prina facie
| evidence that the land containing the same
| is mineral in character; and provided, fur--
| Their, that in investigating the character OF
land with view to ascertainin.. whether
| il is more valuable for Mineral than for
! agricultural purposes, ev,Ience may be
taken of the mineral discovered or devel-
| oped adjacent to such land, proof OF
which snail be taken as pre- sumptive evil
! dence that the land in question is mineral
in character; and provided. further. that
wherever land is proven to be within
well-defined mineral belt, such
land shall be deemed. presumed
| and taken to be mineral land, unless the
contrary is proven; and provided, further,
| that the provisions of this chapter shall be
literally construed, with view to aid the
| applicant in procuring title to the mineral
| lands Of the United States, and that the
rules and regulations prescribed by the
land department for its government and
that of its officers. in disposing OF said
| lands, shall be so formulated and admins
tered as to assist the government in dis
! posing of said lands to bona fide appli-
cants; and provided. further, that all APP
plicants for patent for lands, upon which
exists valid mining location, the notice OF
location of which, designating the section
| and township in which such location is SIT
uated, shall have been recorded in the
Office of the recorder of deeds of the county
wherein the land in question Is situated,
| must, except when otherwise i'll this act
provided, give to such mineral claimant
notice of such application in writing, or by
| publication in the newspaper published
nearest such mining location. at least once
| a week for sixty days"
The third is a bill to provide for ascer-
tanning and determining the character of
certain lands in the state of California and
| reads:
'.Sec. 1887. Where non-mineral land
not included in lode claim is used or oc-
| cupied, or is intended to be used OF occu-
pied, by the proprietor of such vein or lode
claim for mining or mineral purposes. such
non-mineral surface ground may be en-
| braced and included in All application for
| patent for such vein or lode claim, and
the same may be patented Herewith or
| separately, subject TO the same prelimin-
AIRY requirements as to survey and notice
as are applicable to vein or lode claims !:
but no location hereafter made of such
non-mineral land shall exceed ten acres,
and payment for the same must be made
at the same rate as fixed by this chapter
| for the superfices of the lode claim. The
owner of & quartz mill or reduction works,
not owning mine in connection there
with. may also receive patent for his mill
site as provided in this chapter"
Section 1. That the secretary of the in
terror he, and he hereby is, authorized and
directed, as speedily as practicable, to as
certain and determine the character,
| whether mineral or non-mineral, of all the
surveyed odd-numbered sections of un.
patented land in California lying
within the primary and indemnity limits
of the grants made by congress on July l..
1862, and July =, 1864, to the Central
Pacific Railroad of California, and the
Western Pacific Railroad company; on
July %, 1866, to the California and Ore
gon Railroad company: and on July 27.
1866, and March 3, 1871, to the southern
Pacific Railroad company; in the manner
hereinafter provided: and as rapidly as
the unsurveyed lands within the limits
above designated are surveyed, in accord
ance with the law governing the United
States public land surveys, the character,
whether mineral or non-mineral. of the
odd-numbered sections thereof, shall. in
like manner, be ascertained and deter
mined,
Sec.2. AS soon as practicable the Sec
rotary of the interior shall publish notice
containing a list of all the lands herein
before mentioned described by legal sub
divisions, and informing all persons that
they may, within thirty days after the
| tce, file with the register and receiver of
the land district, wherein such land may
! be situated, "a protest against the patent
! ing of any of such land to the railroad
company within the limits Ct whose grant
such land may be: and a similar notice
shall thereafter, and in like manner, be
published with reference to the unsUr-
veyed lands in the preceding section de-
scribed, as rapidly as the same shall have
been surveyed, in accordance with the law
governing the United States public land
surveys.
Sec. 8. During the period of such publ
cation of said notice. or within thirty days
thereafter, any person may file with the
register and receiver verified protest
{ against the patenting of any of tue lands
described therein, which protest must par
| ticularly describe sthe land protested. by
sections or legal subdivisions thereof, and
must set forth the nature and extent of the
lands known or believed to be valuable foI
| the mineral therein contained, and must
fully set forth in detail the facts upol.
which such knowledge or belief is founded,
! together with the names and postofiice adj
! dresses of any persons claiming or inter
ested in such mineral lands, if known to
the contestant.
Sec. 4. That, at the expiration of the pc.
riod above limited for the filing OF protests
the register and receiver shall forward
| duly certified copies of all protests filed &C
| the secretary of the interior. who shall
thereupon suspend the issuance of patents
as to all lands against which protests have
I been filed in time, manner and substance
as in the last preceding section provided
/ and no lands so suspended shall be patent
I cd to any railroad company until, if at all
( after the non-lnineral character theroi
shall have been established by prepon
derance of proof in the manner hereinafter
! provided.
/ Sec. 3. AS soon as practicable after re
ceiving such protests, the secretary of the
interior shall cause hearings to be held be
for the registers and receivers of the proper
local land offices as to the mineral or non
mineral character OF all the lands as tC
! which the issuance OF patents has been sus
! pended in accordance with section four o.
| this act.
For the purpose of facilitating the hear
ings herein provided for, the president o
the United States shall appoint an attor
ney, residing in the land district in which
maintain the mineral character of all tn,
lands subject of the hearing; and all tina
decisions, rendered in pursuance of sucl
hearings, shall he forever conclusive. ex
cept in cases of fraud. And the presidan
| of the United States shall also appoin
three commissioners in each land dislric
! in which any lands covered by such pro
/ tests are situated, each of whom shall be
resident of the state of California. and a
least one Of whom shall be 4 practica
| miner, whose duty it shall be TO inspect al
the lands about which hearings are or
! dered. and 10 testify as witnesses to all thu
! facts which they have a5certained respect
| ing the mineral or non-mineral characte