El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-08-09

original survey OF the township IL
question. The surveyor geuer decid
ed that the only proper corn er marking
! was q sand stone in a mound OF rocks
and be held that the pine post, which
the deputy had reported as near mo
nument Of sandstone set In q mound O
recks, wss over half a mile out of tn,
way of the true and correct section
| corner; that "the connection OF the
said claim was made TO Fictitious anc
not an actusl corner Of the public eur
veys."
Before plating the Albemsrle group
the surveyor general required another
survey and connection made with q
mineral monument which had beer
esta blished by another deputy mineral
surveyor, and then he made report tc
the commissioner of the general land
office, in which he attempted to eel
forth the condition of the surveys ex-
ecuted in the Cochitt district, and cast
dou BITS upon the correctness of the
surveys, especially as to the corner to
which the Albemarle group bad been
connected.
On the strength of this report. made
by Surveyor General Vance, the com
missioner of the general land office
suspended all entries in the township
wherein the Albemarle group is stu.
ated, which is in the very heart OF the
rapidly developing and very important
Cochitl mining distrfct. Surveys end
applications for patents to mining
claims being thus held up, matters be-
gao to assume a very serious and cost
| ~ shape for the mino owners and the
miners in the district The commits
sioner also issued an order requiring
the claimants to the Albemsrle group
to readvertise their notices OF applica.
lions for patents. The surveyor gen
oral also held that the locations OF the
Lone Star group of mining claims were
not good and declared the surveys
"erroneous, and should be disregarded
and discarded for such reasons"
A strong appeal and protest against
this action of the surveyor general was
made by the attorneys for Toll ct al.
who requested q rehesring before the
commissioner of the general land office
In the case. This wasdenied, and they
accordingly took the matter up on ap-
peal to the secretary of the interior.
The appeal was accompanied by maps
and full statement of the facts in SUP
''pine post" as described by the deputy
mineral surveyor, constituted the true
and correct section corner. and that
the survey made by Brown should stand
asd be approved.
The secretary rendered a decision,
reversing the surveyor general and the
commissioner of the land Office, aud
holding in the decision a. follows:
whether or not the said pine post is
ultimately shown to be the true corner
last mentioned, : appears that it was
fixed In the ground and marked as suoh
corners are required to be fixed and
marked, and was apparently believed
81 the time and prior thereto, by the
deputy mineral surveyor who made the
said survey for patent, and by other de-
putv mineral surveyors Of the same
land district, to be such corner. 1t
further appears that, owing TO contro-
yersies some years ago concerning the
lands in this part OF the township, be-
tween miners ana private land grant
claimants, many of the corners of the
public survey we're removed or obli-
tsra;ed, aud that the said pine post has
for some time bsen the best known,
and in fact, she only generally accept
ed corner of the public survey in that
neigh borhOod.
Under these CIR. UNI star Ces, il the
tie connecting the Aloemarle claims to
the sale pine pos; Is correctly given as
to course and distance in the notice of
the application for patent, such tie will
De held sufficient for tie purpose of
such notice. and If the notice is other
wise correct and sufficient the same will
De held to be good a. a whoie .
The seer etary's decision is juss ard
proper: il is also in sccords with
.aw and precedent: the Aloern arle
owners will not bs put to the expense
of more money and q loss in time In be-
ing compelled TO readvertise their no.
tice OF application for patent, as the
surveyor general wanted to compel
them to do on very notiopal de cision,
and one not based upon knowledge or
They will, however, be re
CURED under instructions from the gen.
eral land oHce to retracs their lines of
survey to prove to the survey or geuer-
al their contention, that the pine post
and not mineral monument, incor-
rectly placed there by q former survey,
Is the true section corner.
Surveyor General Vance may, by sim
pie tech oicalities and official quibbliug,
give them some m ore trouble, but it 10
hoped for the good of the mining In
dustry of the territory that he will re-
frain from doirg so, as IL Is quite i'm
porsans not only to nine owners, hut
also to the comm orwealth Of Nav
Mexico. ss we'll as to the government
Of the United States, thas every proper
facility should be extended to mine
owners and miners to procure patents.
so THAI valuable Improvements nigh.
&c made, mines developed, titles secur-
ID apd taxes paid.
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