The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1905-11-10

Late Decisions by the Secretary of the
Interior in Mining Cases

"The rule Of approximation per
mltted in entries under the homestead
and other public lard laws providing
for the disposal of non-mineral lands
has no application to locations and en-
tries under the mining laws.
A portion of an irregular subdivision
Is not sufficiently identIned to enable
the department to accurately describe
the same in a patent by an attempted
description thereof in terms of the
pubhc-land surveys, and where patent
IS sought to a placer mining claim en-
bracing a portion Of an irregular legal
subdivision or lot an official survey of
the particular portion claimed will be
required
Chicago Placer Mining Claim,
"a l.. D., 9.
1.-The provisions of section 6 of the
act of May IA, 1898, comforting upon
the secretary of the interior authority
to sell to the owner or owners of a
wagon road or tramway, not to exceed
twenty acres of public land, for ter
minal facilities, at each end of the
road, contemplates the sale of an alb
solute fee in the lands, and where the
lands, at the date applied for, are in
eluded within a forest reserve, they
are not subject to sale under said sec
ton, Notwithstanding the wagon road
or tramway in connection with which
they desired may have been construct
ed prior to the creation of the reserve.
In view of the provisions of the act
of February ], 1905, transferring to the
secretary of agriculture the execution
of certain laws affecting public lands
within the limits of forest reserves, and
the construction placed upon that act
by the secretary of the interior and
concurred in ny the secretary of agri-
culture, applications for permits for
use of rights of way within forest re-
serves on account of wagon roads or
tramways, under section 6 of the act
of May IA, 1898, come within the iur-
isdiction and control of the secretary
of agriculture
A. B. w. Mining company, 81 L.
D., 10.
Proceedings for patent to a mining
claim embracing land lying partly
within one land district and partly
within another, conducted wholly with
in one land district, and the allowance
of entry thereon covering the entire
claim, are in no wise effective as to the
lands lying without such land district,
and do not constitute substantial com
pliance with law as to such lands. with
in the meaning of sections 2450 to 2457
of the Revised Statutes, such as would
warrant confirmation of the entry in
its entirety under said sections
Alaska Placer Claim, "a L. D.,
40.
1.-THE fact that a placer mining loca-
ton, if made to conform as nearly as
practicable to the system of public
land surveys and the rectangular sub
divisions of such surveys, as required
by section 1881 of the Revised Statutes,
would embrace small portions of land
not valuable for placer mining, con-
s~titutes no reason for failure to con-
form the location to such system and
legal subdivisions, where, if so con
formed, the land embraced in the loca-
tion would be as a whole more valu-
able for placer mining than for agri-
cultural purposes.
cit is no objection to the validity of
a placer location that it embraces veins
or lodes as well as placer deposits"
Hogan and Idaho Placer Mining
Claims, "a L. d., AZ.