Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1900-07-23
from the said mineral monument, still
remains established to the satisfaction
of the land department.

remains established TO the Satisfaction
of the land department.
Based apparently upon the assumed
correct establishment of the said cor
ner Of sections 25, 80, 81 and SO, and up
on the course and distance between the
same and the said mineral monument
as fixing the relative positions of such
mineral monument and the Albemarle
group to the true southwest corner of
said section 10, the surveyor general
concluded that the said pine post was
about 1000 feet west of such southwest
corner, and hence that the loci Of the
claims of the group, as given in the
survey which tied them to such post,
were enormously represented to be
about 1000 feet west of their true posi-
tons; but, as shown herein, the bound
airy line between the said townships,
upon which the corner of said sections
25, 80, 81 and SO must be found, is not
10 officially and satisfactorily estab-
lished, and the conclusion of the sur
veyor general that the loci of the said
claims are not at the places represent
ed in the survey upon which the pro-
ceedings for patent were had, cannot be
accepted as correct. On the other hand,
comparison of the plat of survey of
township 1S north, range 4 east, and the
plat of the survey establishing the said
mineral monument, in connection with
other circumstances, tend strongly to
support the conclusion that the said
pine post, if not the true southwest cor
ner Of said section 10. is very neal to
that point.
But, however this may be, and wheth-
err or not the said pine post is ultimate
ly shown to be the true corner last
mentioned, it appears that it was fixed
in the ground and marked as such cor
ners are required to be fixed and
marked, and was apparently believed
at the time and prior thereto, by the
deputy mineral surveyor who made the
said survey for patent. and by other
deputy mineral surveyors of the same
land district, to be such corner. 1t, fur
Their appears that, owing to controver-
sizes some years ago concerning the
lands in this part of the township, be-
tween miners and private land grant
claimants, many of the corners Of the
public survey were removed or obliter-
ated, and that the said pine post has
for some time been the best known,
and, in fact, the only generally accept
ed corner of the public survey in that
neighborhood.
Under these circumstances, if the tie
connecting the Albemarle claims to the
said pine post is correctly given as to
course and distance in the notice of the
application for patent, such tie will be
held sufficient for the purpose of such
notice, and If the notice is otherwise
correct and sufficient the same will be
held to be good as a whole. Your office
very properly states that the unusual
length Of the tie alone would not render
it unacceptable in this ease If otherwise
sufficient. AS was Sdlu III the case OF
Hallett and Hamburg lodes (27 l.. d.,
10D, the only purpose of the require
ment that the published notice shall
give the connection by course and dis
lance between a mining claim and a
corner of the public survey or a mineral
monument is that the land embraced in
the application for patent shall be iden-
titled and made certain. If the tie here
in question is correctly stated in the
notice as given of the application for
the Albemarle claims, then such pur-