The record-union., 1896-10-06
AN IMPORTANT DECISION.
Very Valuable Strip Of Mining Land
Involved.
Courses and Distances in Field Notes
must Yield to Monuments Placed
During Survey.

IhomaS Frazer and Charles F. Gard
ner, respectively Register and Receiver
oI the United States Land Office Of this
olstrlct, yesterday rendered an impOr-
taht decision involving a narrow strip
Oh quartz mining ground which had been
patented and which is valued at SI5,OOO
from the assays made on rock taken
from 1t. The land in question is in the
1lilnolstown mining district, near Col
Tax, Placer County. Following is the
text of the decision:
United States Land Office, Sacra-
mento, California.-Marie A. Valentine
ct al VS.. S. D. Valentine. Quasi Contest
No. 931, involving M. E. 172, upon the
Big Oak Tree Quartz Mine.
The records of this office, SO far as they
relate to the issues in this case, show the
following facts:
Ffrst-The official plat of survey of
township fifteen Q5) north, range nine
90 east, Mount Diablo base and meri
dian, was approved by the United States
Surveyor General for the District of
California, on December 26, 1865, and all
of sections thirty-three (33) and thirty
four (34) were returned thereon as sur
veyed land of the United States.
Second-On November 26, 1869, Min
eral Entry, No. 4, was made by the Ris
ing Sun Gold and Silver Mining Com
pany of lot No. 81, sections 33 and "a,
township Is north, range east, M. D.
M Patent was issued thereon May
il, 1870.
Third-Other record facts are set forth
in detail in Commissioner letter IN,
of December 90 1894, wherein a hear
ing is ordered for the purpose Of determ-
lining whether:
l. The survey of the Big Oak Tree
quartz mine includes ground already
patented under the name of the Rising
Sun Quartz Mine.
.. The Big Oak Tree Quartz Mine as
surveyed includes ground not covered
by the location upon which application
for patent was made.
Citations for a hearing were accord
ingly issued by this office on February
10, 1895, wherein the 22d day Of April,
1895 at 10 o'clock a. m. was fixed as
the date and time and this office as the
place for said hearing. By written
stipulation filed hearing was continued
until August 19, 1895. On this last men
toned date, at the hour Of o'clock
.. m, before the Register and Receiver
of this office, in pursuance to the afore-
said citation and stipulation, appeared
the protestantS, E. H. and M. A. Valen-
tine by B. E. Valentine and E. A. Rob-
erts, EsQs., attorneys, with witnesses; !;
the claimant and mineral respondent, S.
d Valentine, appeared in person and by
his attorney. Curtis H. Lndley, Esq,
and witnesses. BY consent of all parties
in interest further continuance was
granted by this Office until August 20,
1895, at the hour of 8 O'Clock a. m, when
all parties in interest being present,
either in person or by counsel, the testi-
mony of the case was by stipulation Of
the respective parties in interest taken
geographically.
We will conf1ne ourselves to cOnsid-
Grafton and determination Of the two
issues found by the Commissioner in
ordering this hearing.
From a careful examination and con-
sideration of the evidence Of the case
and the briefs and authorities cited by
respective counsel, we find on the first
issue that the courses and distances
called for by the Rising Sun patent diff
fer materially from those connecting
monuments actually placed in the field
by James G. Mather, the United States
Deputy Mineral Surveyor, who, on or
in the month of December, 1866, sur
veyed for patent the Rising Sun
Gold Quartz Claim. That the map
marked Claimants exhibit ID" cor
rectly delineates and designates this diff
ference that the black lines thereon in
dicate the calls Of the Rising Sun
patent: the red lines by actual survey on
the ground.
That the survey from which this map
is plated was made by E. c. Uren,
United States Deputy Surveyor (min-
cs+o 40 nd W N
for probity, ability, skillfulness and ex-
rerience in his profession stands very
high, assisted by his son, G. E. Uren, a
United States Deputy Mineral Surveyor
of equal rank and reliability. We place
the utmost credence upon their testi-
nony. That the retracing Of the lines
Of the 'Rising Sun" Q. NJ. by these
surveyors was according to the law,
rules and regulations of the department
governing such matters. (See p. 2ll-
2lS of the testimony
That James G.. Mather, the United
States Deputy Mineral Surveyor, who
made the official survey for patent Of
the Rising Sun" @. NJ, in making that
survey, did not allow for any local at
traction of the needle Up. 22O and Dds
OF the testimony That the stump from
which the letters and figures, "R. s.
Co, No. 2" had been cut or loOsened,
is a witness tree for corner r. S. No.
of the Rising Sun patent; that the tree
which was cut into some seven inches,
and which then exposed the letters and
figures "R. S. Co. No. 3d. is witness
tree for corner "R. S. Co. No. 81 Of
the Rising Sun patent and were thus
blazed and marked at the time Of the
original survey for patent Of the Rising
Sun @. NJ. That said corners r. S. Co
Nos. 2 and are correctely plated by red
lines on claimants map 3D." as they
are located in the field as well as post
'R. s. CO. No. 1" at the end Of red line
on course s Of the Rising Sun patent
which is identical with 'B. o. T. @. NJ