The record-union., 1896-10-20
MINERAL, OR MONUMENTAL.
Land Cases Decided in Favor Of the c.
P. R. Company.
An Ell Dorado Case Goes in Favor
of Sacramento Con-
teStants.

The case of Alexander Sims, Hilton
Graves and others, mineral protestants,
against the Central Pacific Company,
agricultural claimants and respondents,
and which has just been decided by
Register Fraser and Receiver Gardner
of the local United States Land Office,
is one of those cases in which the Min
ers' Association made such strenuous
efforts to WreSt from the Central Paclnc
Railroad Company certain tracts OF
land in Nevada County, setting up the
claim that they We're of more value for
mineral than agricultural purposes, but
which in almost every instance they
have failed, or even attempted, To
verify.
The case in question involved the min
eral or nom mineral character of lots
situated in sections 80, 5, II and IL OF
township II north, and in section IL
of township IL, all in Nevada County.
Citations for hearing were issued June
I'D, and on that date John Dover, as
a mineral protestant appeared and de-
sired to offer proof as to the mineral
character of the tract embraced In the
Maud S. quartz mine. No other pro-
testants appearing, the matter was con-
tinued one day. Only Dover appeared
and was duly examined as to the char
acter of the Maud S. claim. The land
was of NO agricultural value, and upon
his testimony the local officers found
that the claim should be segregated by
an official survey. reserved from the
operation of the grant made to the com
pany and Cancelled and removed from
its lists Of selection.
With regard to the remaining tracts,
the southwest quarter Of the northeast
quarter, or lot ? of section 80, township
l6 north, range s east; the south half
OF the southeast quarter of section ),
township 16 north, range 8 east; the
northwest quarter Of the southeast
quarter, or lots 5 and of section IL,
township II north, range II east, and
lot II of northwest quarter of section
IL, township II north, range 10 east-in
view of the fact that this was the sec
ond time the railroad company had
complied with the rules requiring pub
lication OF notice Of hearing involving
the same issue, and in view of the facts
that the protestants have, after due
and timely notice, failed to appear and
submit any evidence in support Of the
very strong and explicit allegations
made with regard to the mineral char
acter of the above-described land, the
officers are constrained TO doubt the
sincerity or truthfulness of the allega-
tions made, and recommend that the
land retain the status of mineral
lands; that the various protests cover
ing the same be dismissed, and that
the selections made thereof by the COM
pany be approved.
ANOTHER CASE
A case similar to the above in almost
every respect, involving certain lands
in FL Dorado County, in which William
Lane & Co., Thomas Z. Armstrong &
Co., S. G. Adams & Co., and twenty four
others were mineral protestants and
contestants, against the Central Pa
cific Railroad Company were also dis
missed owing to the non-appearance OF
the contestants, except in three In
stances, where proof was offered suffi-
cient to show the mineral character OF
the lands, and these were recommend
ed Cancelled from the company's lists.
AN Ell DORADO CASE.
In the case Of NJ. E. Gates and others
mineral lode contestants, against John
l.. Kipp ON behalf Of the heirs of ]. B
Kipp. deceased, involving a portion OF
section 4, township 10 north, range
east, it has been decided by the loca-
officers that the agricultural claimants
be required to segregate the lode claims
before proceeding further in the matter
of the final proofs.
The land In contest is situated in ths
mining district of Ell Dorado County
The history of the case shows that thu
homestead application of John KipI
was filed November 1S, 1890, and that
he advertised to make final proof July
10, 1896.
On July s, 1896, the petition for hear
ing Of NJ. e. Gates and others, claiming
certain portions Of the land in question
alleging as a reason that the portions
claimed contained valuable mineral
lodges. and that the land was more
valuable for mineral than agricultural
purposes.
On July 10th, J. L. Kipp appeared
and submitted final proof on behalf OF
the heirs Of ]. B. Kipp, deceased, which
proof was suspended pending an ex-
animation into the mineral protests
which had been filed. Relinquishments
were filed for so much of the land en-
braced in each homestead claim named
as was shown to be in conflict with the
mining claims named and shown on
the map OF survey excepting the one
known as the Boulder Extension"
On August 1th the mineral claimants
appeared before Register Thomas
Fraser and Receiver Charles F. Gard
ner, and submitted their testimony as
to the mineral character of the land in
question. The evidence was found con-
elusive as to the value Of the mineral
-
agricultural claimant should ne
obliged to segregate the mining claims
before proceeding to final proofs.
Articles of Incorporation.