The record-union., 1896-10-17
LAND OFFICE DECISIONS.
Register Fraser and Receiver Gardner
Render Two.
A Homestead Claimant and q Mineral
Contestant Are Made
Happy.

Thomas Fraser, Register, and Charles
+. Gardner, Receiver, of the United
States Land Office in this city, have
rendered decision in the case of George
| T. Wayman, contestant and homestead
applicant, against the Central Pacific
Railroad Company, respondent.
The suit involved a portion OF section
| Z, township Is north, range east, OF
Mount Diablo meridian. The confess
| tant made application to homestead the
tracts above named, claiming that 1t was
exempt from the railroad company's
grant by reason of the settlement of
James Burke upon it prior to the date
of the granting Act, and alleged that
Burke was qualified pre- -emptloner.
| The petition and affidavit We're trans
mftted to the Land Commissioner and
hearing was ordered. The contestant
presented plat in evidence showing the
location made by him, which substan-
TALLY agreed with the description Of the
| land claimed by Burke in his recorded
4 declaration of possessory right Of pre-
emption, the certified copy being also
| presented in evidence.
| All witnesses for contestant testified
to having known Burke personally and
that he had resided upon and improved
the land as late as the year 1868. 1t was
shown that Burke occupied the land
from 1854 to 1868 consecutively, and
| that the dwelling of the contestant,
| Wayman, occupies the site where
Burke's house formerly stood.
| Generally the testimony supported the
allegations set forth in the petition for
hearing, and none Of the testimony was
contradicted or the petition impeached.
| The court held that the tracts of land
| in question were settled upon, improved
| and cultivated by duly qualified pre-
| emptioner from 1854 to 1868, prior to
4 the Congressional grant to the railroad
| company, and that therefore the land
| was exempted from the operation OF the
| company's grant and that 1t had been
1 enormously listed to the company; that
| a valid pre-emption in Burke had at
| tached prior to and at the time of the
granting Act, and that the list should be
| cancelled as far as the land in question
| was concerned. Waymen was declared
a duly qualified homesteader and it was
recommended that his application TO
homestead the tracts be filed.
/ A MINERAL CONTEST.
| In the matter Of the contest entitled j.
G.. McCloud, mineral claimant and pro-
ltestant. against the Central PaclHc kali
| road Company and SaliStine Comes, re-
spondents, involving tract Of land In
section 15 township u north, range .
east. as is contained in the location OF
the big Lead" Quartz Mine, adjoining
| the town of Auburn, Placer County. An
| examination into the records OF the
Land Office showed that the original
lra6 in q
in 1856. and was not complete, about
half the land being returned as unsur-
4 veyed, and not until 1871 was an ofnclaI
plat of the township filed.
| On July 80, 1895, third plat Of sur
vev was filed, and upon it the land in
dispute, together with other tracts, were
designated as mineral lands"
In May. 1884, the railroad company
fled 2 list Of selections covering the
land described, and afterward made
anplication to "disprove mineral upon
il. hearing was had July q, 1888,
ond the evidence submitted was Of such
| character as to oblige the local officers
to decide that the land was non-min-
eral: but owing to irregularity in the
! service of notice the case remained
| onan and undetermined, and was SO
irx-h
The documentary evidence presented
| with the protest showed that the iiiihihs
location was made on the SUBDIVISION OF
the land described, and extehoed the
usual length of 800 feet and width
of 300 feet on each side OF the ioue. Inc
petition for hearing was granted ana
the 9th day of July, 1896. nxea lot as
! the time for hearing
Before the time set Comes interviewed,
alleging the land to be nom -mlnerai, ana
that he was the owner by purchase from
the railroad company, and asked for
continuance until August 10Th, Whlch
was granted.
| The allegations upon which the inves-
| 4ieation was made set forth that tnere
existed and had been regularly located
| q eoId-bearing quartz vein or looe, the
| same cropped to the surface at Varl-
ous nlaces. and assayed S15 II per ton,
and could be nilled at an expense or
81 80 ton.
/ The question to be decided, there
fore. was whether the existence OF sucn
facts had been satisfactorily estap-
| lished, and If So whether or not the
facts established the land to be min
eral and more valuable for that THAI
| other purposes.
The mineral protestant submitted the
evidence of himself and ten witnesses,
which substantiated his allegations. 1t
| showed that three shafts had been sunk
upon the ledge, which was we'll defined
| and from two and one-half to seven feet
in width, and that the prospects pro-
cured ranged from SS to SIC ton. The
| land was said to be worth little for ag-
ricultural purposes.
The respondent produced six Wit
nesses, most of whom were miners ana
who had prospected on theledge but
| realized nothing. Comes and his wife
| also testified that the rock taken from
| the ledge was of no value.
| The Land Office officials, sitting as a
| court decided that the land was open
to mineral location, and that the evil
dence showed the rock to be mineral In
| character 50 as to yield, in gold, from
100 to 300 per cent. profit. 1t was con-
sidered valuable mining property. and
Of little value for agricultural purposes,
and that It should be reserved from the
grant made by the railroad company
and cancelled, and that the claimant
should be allowed to acquire mineral
title for it.
! SOCIAL EVENTS.