The Washington times., 1902-06-02
Mr.. Hitchcock Tells Why
Patents Were Denied
Cosmos Company.
ANSWERS FILED IN COURT
Secretary of Interior Opposes Petition
for Writ of Mandamus - Question
Involved Presents Number of Knotty
Legal Problems.

Secretary Hitchcock has filed his an
swer. through District Attorney Ashley
NJ. Gould. Assistant District Attorney
II. H. Classic. with Mr.. John S. Chap
man. OF counsel, to the amended petition
OF the Cosmos Exploration Company.
for mandamus to compel him to issue
patents for certain lands in California
to which the Cosmos company claims to
be entitled by reason of their being
settled under the act of June 4, 1897, in
lieu of lands within the limits of a for
est reserve.
In his answer the Secretary states
at length his reasons for refusing to
issue patents for these lands, which. at
about the time when the Cosmos COM
pany's predecessor. Clarke, attempted
to select them. were discovered to con-
tain rich deposits of mineral oil and
petroleum, and for that reason are not
subjec; to be selected.
Point in Question.
One of the points involved seems to be
that Clarke, when he relinquished the
lands in the forest reserve, in order
TO take up these lands, did not have
good title to them. He then tried to
obtain them by relinquishing other
lands.
AS stated in the answer. "On January
13, 1900. one Clarke filed in the said
land office at Visalia. Cal, certain new
selections Of the lands aforesaid. as in
lieu of certain other lands in the Sierra
Forest Preserve, different from those in
lieu by the former selection. And this
respondent says that. although the said
Clarke termed and styled the selection
SO filed on January 1S. 1900. amendatory
g. 1889, yet the selections. being in lieu
of and in attempted exchange for. to-
tally different lands from those offered
in and By the selections of December S.
1899, were in truth and in fact and in
effect, new, different and distinct selec-
tions. as of the date of their filing, TO
wit: January 13. 1900
Neglected Affidavit.
with these new applications for
selection filed on January %. 190o the
said Clarke did not, as on the former
selections he had done, file any affidavit
as to the character or condition of the
lands, and no showing as to the char
acter of said lands. as to their being
non mineral or unoccupied, OF otherwise
as OF the date OF such selections was
in any manner made by the said Clarke.
and this respondent is informed and be-
lieves and the same appears of record
in and b. the protests OF the said Gray
Eagle Oil Company and W H. Mailoy
and others filed, respectively, on Feb
said Clarke was unable to make any
affidavit as TO non mineral character of
said lands as of the date of January
i3, 1900, for the reason that the said
lands then were and were known to be
mineral lands.
And this respondent certiies and
shows that an affidavit showing the
non-mineral character of said lands. and
thereof adverse TO the selection pro-
posed and showing that no portion OF
the land was claimed for mining pur-
poses under the local customs and rules
of miners, which are by act OF Congress
made part of the mining laws of the
United States, was in respect of each
and every Of said averment an essen
tial and Indispensable prerequisite un-
der the act of June g. 1897, to the selec- |
tion of the ssid lands by the said
Clarke or any other person or persons
in lieu OF other lands, for the reason
thot, unless the said lands were non
mineral in character and not occupied
adversely TO the selection and If any |
portion thereof was claimed for min
ing purposes under the local customs /
or rules OF miners. then the said lands |
were not vacant lands open TO settle |
nent within the intent and meaning Of /
the act OF Congress of June 4. 1897,
under the provisions of which the selec- I
tion was attempted TO be made.
Not Known at Land Office.
"And in order that the Land Office and
the officers thereof might be duly ad- i
vised Of the true character of lands pro-
posed to be selected in the respect.
aforesaid, of which facts existing on the
ground the Land Office and the officers
thereof were not and could not in the
nature OF things be cognizant. the
OF the Land Office. un-
Ter the direction OF the Secretary OF the
Interior. in pursuance Of the authority
IN him vested TO enforce and carry into
-xecution by appropriate regulation the
avs relating TO the public lands. in