Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1900-12-28

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that under tho Act Of Juno 10Th, 1880,
supra, making the grant and excepting
thsrefrom mineral lands. the selection by
the State and the approval Of such selec-
ton by the authorized officers Of the
government, 10 such . determination of
the agricultural and non-mineral charac-
ter Of the land within the meaning Of the
grant As to preclude any investigation in
| vOlving that question in proceedings of
this character, based upon the subse-
quent discovery of valuable mineral de-
posts, it does not necessarily follow that
the State must under its laws regulating
the sale Of the lands thus acquired by its
conveyance vest in its grantee the same
title and right acquired from the govern
ment under the grant
BY section three of the Act of June
10th, 1880, supra, the State is in direct
terms authorized to dispose Of the lands
under such laws, rnles and regulations
! as may be prescribed by the Legislature.
The only restriction or Limitations found
in the Act relates to the use OF the funds
arising from the sale of the lands grant
cd. The language used is clear and ex-
plicit. The laws, rules and regulations
for the disposal of the land. should be
such as were prescribed by the legisla-
ture Of the State Of Nevada. In this
matter power was delegated Nv Congress
to the Legislature The disposal of the
land was left to It's Judgment and wisdom
and long before any steps were taken by
the appellant to acquire or even initiate
any right to the lands in controversy. the
legislature Of this State. by law. defined
! his rights as an applicant and contractor
to purchase the lands under the gran.
and made provision for the maintenance
of actions to sustain and lro'4.tf Inc
same. BY the Act Of March 5th 1887. lht.
legislature in the exercise OF this dele
gated authority, prescribed by law to the
effect that every person who has or nay
thereafter apply to or contract with the
State to purchase land under the grant IN
good faith, and who has or may there
after pay to the proper officers Of the
State the required amount OF money
under such application or contract. shall
be deemed and held to have the right TO
the exclusive possession of such land
provided, that no actual adverse possess,
ion thereof existed in another at the date
of the application. 1t was further pro-
tracted with the State in good faith to
purchase such land shall be entitled to
maintain or defend any action at law or
in equity concerning the same or its pos
session, which may now be maintained
/ or defended by persons who own land in
! fee, and that every person who has or
shall thereafter apply to purchase in
good faith such land. and has or shall
! thereafter pay the required amount of
3. money under the application to the
proper officer, shall be deemed and held
to have the right To the exclusive pos
session of such land, and shall be entitl-
ed TO maintain and defend any action at
law or in equity concerning the same or
it's possession, which may be maintained
or defended by persons who own land in
fee, provided no actual adverse posses
sion of such land existed in another at
the date of the application.
: If the legislature had gone no further
then, under this statute should the con.
T tention Of the appellant be sustained, but
t it did not stop with these provisions. BY
section three of the Act it provided in di
. rect terms that nothing in the Act con.
tanned should be so construed as to pre-
vent any person or persons from enter
ing upon such lands for the purpose O
:. prospecting for any Of the precious
metals, or to prevent the free and eco
t nomical working of any mine which
E may be discovered therein.
Com. Laws. 1900, Secs. ::25-;,27
: At the time the respondent, Hirsching
n entered the lands in controversy nnt
e made the mining location. the appellan
e claimed them under his application AN,
8 contract to purchase, and by the provis
0 ions of section three of the Act, Hirsch
y ing had right to enter for that purpose
Y He was not trespassing at the time h
It entered, and by making his mining loca
e ton he initiated the right by which
h was enabled to work in a free and ca.
re nomical manner the mine which he dis
j. covered.
y The strength and infirmity Of this az
2 entered into and became part Of appel
le lant's contract. He took possession {
t; his land with his rights Of action an
d right to exclusive possession limited b
to the provisions Of said section three b
n its terms he could neither hold posse,
lie sion as against respondents, nor could h
te maintain an action to recover possessio
b. as against them under TIE showing
al the record. 1t cannot be successful
10 claimed that the issuance Of the paten
he of the Safe at the date subsequent 70 II
- entry Of the respondents IN any mann,
lis terminated or concluded their right
at The legislature At the same session nj
d. only few days prior to the passage
he the Act, and in harmony Herewith, d
al clared, among other things, in An act
,ct encourage mining, that any citizen Of Il
ny United States. or person having declar,
be his intention to become such. mig
ed enter upon any mineral lands in &
of State, notwithstanding the States sele
ter ton of it under the grants and exn1c