Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1907-09-18

Considerable talk is being INDUCED
in at the present time over the loca-
ton of the Gardner lime property on
The east side Of the river and in all
probability the courts will have
chance to decide on fine point in
law
AT the present time the Interior
Department of the United States
Government is publishing in the
Carson City News a notice of the
RESTORATION of Public Lands to
settlement and entry. Among the
land included in this order is the
property on which the Gardner lime
mine is situated. In the published
notice the following clause is found
warning is hereby expressly given
that no person will be permitted to
gain or exercise any right whatever
under any settlement or occupation
begun after August 1st, 1907, and
prior to October %, 1907, and that al
such settlement or occupation is here
by Forbidden 1t is on this clause
. that the legality of the entire trans
action rests.
The Gardner people claim that they
located this mineral deposit of lime
previous TO August 1st, when the
order was made by the Interior De
paTtment they prepared and filed
papers for settlement OF this prop
eTty to go into effect as soon as the
lands were restored to settlement.
That they have the right to the prop
erty on the ground OF previous set
/ tlement and occupation. That the
land cannot be located until after
an order is issued by the Interior de-
partment that the land is released by
/ the government and again becomes
public property.
| On the other hand Muller and asso-
ciates who have jumped the lime
mine and have placed their stakes
on the ground are acting under the
ruling of the Interior department
which says that at any and all times
in any and all places a mineral loca-
tion takes precedence over any and
all claims to the property from an
agricultural standpoint. Further as
government land it is regulated by
the laws Of the state wherein it is
located.
The Gardner people, following III"
meaning implied in The notice pu0-
lished by the Interior Department
allowed the time to lapse for the per-
iecting of their location accordin- to
the laws of the state of Nevada IA /
the other people jumped in and -
Gated the ground.
The question Of ownership will
have to be setteld by the government
and the courts and the outcome is
problematical. In speaking Of the
matter one of the company building
the lime kiln at the old stock yards
to work the lime from the disputed
mine made the following statement
in regard TO the matter to a represen
tative Of the Appeal when asked what
Ae thought the outcome would be;
, We are very sOrry that the pres
ent trouble has arose and while i
hurt us to considerable extent j
Will result in a greater injury to the
City of Carson.
We have not the least doubt tha
the fact Of occupation and previou:
! settlement will win us the case il
the courts and we are preparing t.
fight the matter to the limit. Gu
company has already spent consider
able money building a road to tn
lime quarry and in making a ford a
the river so our teams could eros
u that stream until such a time as th
county completes the bridge whic
' they will install there.
Contracts were about to be let a
the time the other people stepped /
y and filed location on our property
= for four more lime furnaces at tn
present site of the kiln we have no
under construction. These will nc
u be built now as the company, tn
81 principal members of which represeI
II foreign capital, do not care to bull
plant where they have to go int
the courts to hold their property.
IS We have been signing up COZ
Al tracts for supplying lime rapidly {
late and at the present time we hav