Whereas, it appears by the report of the United States Engineer having in charge the survey provided for by said act, which report was made to the Secretary of War, and dated Saint Paul, Minnesota, December 31, 1881, that certain vacant public lands of the United States in the States of Wisconsin and NW.NW. Minnesota will be affected in the event of affirmative NW. Congressional action upon said matter, and which SW. action by the appropriations aforesaid has now been NW., W. NE., W. SE. SW. taken: Therefore, SE. E. NE. 4. SE., E. E. SW., and NW. SW. SW., and SW.SW. S. NE., W. Sec., and NE. NE. NW. SE.... I, Chester A. Arthur, President of the United States, do hereby direct that the following described public lands in the States of Wisconsin and Minnesota, being lands referred to in said report, be withheld from sale or disposal under the various acts for the sale and disposal of the public lands: N. NW. SE. SW. NE. 4, and NE. 4 NE. SW.. W.SW. SW. SE. NE. SE. 6 39 11 West of 4th P. M. 28 40 11 West of 4th P. M. W. NW. 4 NW. 4 SW. Lots 1, 2, and 3. 14, and SE. NW. 74. 2143 25 West of 5th P. M. 20/143 25 NW. SW., and SE. 1⁄4 SW 28 143 25 West of 5th P. M. Lots 1 and 5. 29 143 25 5 144 25 West of 5th P. M. SE4, and Lots 1, 2, and 3. 3143 26 West of 5th P. M. NE. NW. Lots 1, 2, and 3. SE. 4, S. 2 SW. 4, and Lot 3 All. Lots 2, 3, 4, and 5.. NW. 4 NW. 4, and NW. NE. SW.NE.SE.1⁄4, and E. Lots 4, 5, 8, and 9. NE. NW. SE. 4, and E. the Northern capitalist and manufacturer as well, the enterprising men of the South must show wisdom and sagacity, or the future control of cotton and iron manu24 134 30 West of 5th P. M. | factures there may pass into other hands." 20 138 29 30 138 29 26 134 30 24 145 25 West of 5th P. M. 22 143 26 SW. 1 Lots 2, 6, and Lot 5... 13 144 26 West of 5th P. M. Lot 3.. 22 144 26 74. 24 138 30 32 138 30. SW. NE., SW. 4 SW. NW., and NW. 4 SE. 4. 2137 27 West of 5th P. M. 6 137 27 8 137 27 18 137 27 20 137 27 30 137 27 West of 5th P. M. W. NE. 4, N. 1⁄2 SE. 1⁄4, Lots land 4. 6138 30 West of 5th P. M. prising. Many of those sold have turned out very badly, even when they were not swindles from the beginning. Many of the cattle ranches sold have, on the contrary, turned out very well, and in consequence such investments are in favor. It is, for instance, reported in New York that Rufus Hatch, who is now in London, has negotiated with English capitalists to purchase 3,000,000 acres of land from the Northern Pacific Railroad in Montana, and stock it with $5,000,000 worth of cattle. This has long been a pet scheme with Mr. Hatch, but he was not able to induce New York capitalists to join him. TAYLOR'S FALLS, MINNESOTA, LAND DISTRICT. 18 134 28 20 134 28 8135 28 West of 5th P. M. 18135 28 20 135 28 30 135 28 32 135 28 34 135 28 CHESTER A. ARTHUR. N. C. MCFARLAND, MILLIONAIRES FROM STREET The Central Pacific folks would be mil- 32 136 28 and Lot 3.. 6137 28 10 137 28 West of 5th P. M. jected steam line connecting there by the 12 137 28 14 137 18 137 20 137 22 137 28 24 137 28 30 137 28 SE.434 138 28 West of 5th P. M. N. 2NW., and Lots 1 and All. NE. NE. 4, NW. 4 SE. 4. and Lots 1, 2, 3, 5, 6, and 7 Lots 1, 2, 3, 4, and 5. 8134 29 12 134 29 south side of the Park to the beach and Lots 1, 2, 3, 4, 5, 6, 7, and 8.. 2135 29 West of 5th P. M. $100,000 a mile.-Magee's Circular. Lots 1, 2, 4, 5, 6, and 7.. E. NE., E. 1⁄2 SE. 4, SW. SE., NE. SW. and NW.4. E. SE. 4, and Lots 1, 2, 3, 4, 5, 6. 7, and 8.. Lots 2, 3, and 5, NE. 4 NE. 4, and S. SW. Lots 1 and 2, S. 2 NE. NE. SE. 4, and W. Lots 6, 7, 8, and 9. W. NW., NE. 4 NW. NE. 4, and Lots 1, 2, 3, NE. 4 NW. 4. SW. NW. 14 134 29 18134 29 20 134 29 30 134 29 4 135 29 8 135 29 10 135 29 A SOUTHERN paper says:-"The fact 14 135 29 West of 5th P. M. and Colorado, for the purpose of supply- 30 135 29 12 137 20 West of 5th P. M. 24 137 29 26 137 29 West of 5th P. M. 18 138 92 West of 5th P. M. A. R. Sprenger, et al., Edinburgh Lode. W. J. Schovefield, Rappahannock Lode. D. du Ponte, Iron Clad Lode. E. P. Suydam, Rico Muldoon Lode. T. S. Wells, Placer. Gilpin County. Cons. Bobtail G. Mg. Co. Warwick Lode. P. D. Graham, Graham Lode. Gunnison County. E. A. Buck, Rustler Lode. T. Carney, et al., Cavern and Iron Lodes. D. Kenyon, et al., Jim Fisk Lode. Hinsdale County. H. J. Alexander, et al., Yellow Jacket Lode. D. A. McConnel, Gen. Sherman Lode. Lake County. Alleghany Mg., Smltg., Tunnlg and Mlg. Co., Placer. Excelsior Cons. G. and S. Mg. Co., Little Hattie Lode. W. Z. Ransom, et al., Placer. Stray Horse Gulch Mg. Co., Barns Lode. Dolobran Mg. Co., Pioneer Lode, Revenue Lode and Mill Site, and Union Lode and Mill Site. Old Reliable Mining and Reducing Company, Little Fraud Lode. Summit Mg. Co., Summit Lode. E. J. Warner, Boston Placer. W. Weston, et al., Finance Lode. Park County. Berlin Mg. Co., Frisbie Placer Mine. S. Cohen, Grand Prize Lode. Park County S. Mg. Co., Black Hawk Lode. G. M. Robinson, et al., Laura Lode. Pitkin County. J. P. Whitney, Dexter, Pete Carroll and Wilton Belle Lodes. San Juan County. T. Blair, Placer. Detroit and Crookston Series, Nos. 588, 623, 722, 759, 789, 1010, 1994, 1303, 1312, 1356, 1372, 1382, 1387, 1389, 1390, 1393, 1397, 1406, 1414, 1419, 1427, 1432, 1436, 1437, 1438, 1439, 1443, 1452, 1462, 1467, 1468, 1480, 1507, 1514, 1532, 1534, 1567, 1573, 1578, 1586, 1593, 1609, 1651, 1687, 1691, 1694, 1705, 1717, 1726, 1728, 1750, 1751, 1752, 1760, 1761, 1771, 1783, 1790, 1810, 1816, 1832, 1840, 1843, 1882, 1887, 1891, 2422, 2468, 2470, 2472, 2473, 2475, 2476, 2477, 2480, 2483, 2488, 2490, 2494, 2497, 2505, 2506, 2508, 2516, 2517, 2519, 2524, 2525, 2530, 2535, 2536, 2540, 2549, 2550, 2557, 2561, 2562, 2565, 2572, 2573, 2575, 2578, 2579, 2585, 2586, 2587, 2588, 2600, 2603, 2604, 2605, 2606, 2608, 2612, 2618, 2625, 2626, 2627, 2628, 2631, 2635, 2636, 2637, 2640, 2642, 2644 and 2743. DULUTH. Nos. 2242, 2450, 2458, 2484, 2682. ΜΟΝΤΑΝΑ. HELENA. COPP'S LAND OWNER for this month reports the issuance of patents on the Cash Entries numbered below, which patents have been sent also Nos. 127, 128, 130, 131, 132, 135, 136, 139, 140, 146, 147, 148, to the below-named land-offices: CALIFORNIA. LOS ANGELES. Nos. 769, 960, 971 to 975 inclusive, 979, 781, 983, 984, 988, 995, 996, 997, 1000, 1002, 1004, 1018, 1019, 1021, 1023, 1026, 1030, 1037, 1039, 1040, 1045 and 1057. VISALIA. Nos. 2, 3 and 5 Desert Lands. Nos. 3409, 3426, 3431, 3432, 3434, 3440, 3443, 3444, 3445, 3447, 3448. 3449, 3452, 3470, 3471. Nos. 3450, 3453 to 3466 inclusive, 3477, 3483, 3484, 3488, 3493 and 3494. COLORADO. DENVER. Nos. 2224, 3068, 3250, 3403, 3415, 3416, 3636, 3637. Nos. 63 and 64 Fort Reynolds. Cleveland Cons. Mg. Co. of Col., Little Ber-3170, 3336, 3487, 3557, 3563, 3564, 3635, 3639, 3646, 3677, 4074, tha Lode. Summit County. C. F. Reynolds, et al., Main Lode. Nos. 637, 742, 743, 1344, 1882, 2122, 2395, 2467, 2853, 3033, 4646, 4657, 4661, 4662, 4669, 4672, 4677, 4678, 4693, 4694, 4695, 4696, 4713, 4719, 4720, 4721, 4726, 4732, 4733, 4739, 4742, 4747, 4749, 4754, 4758, 4760, 4766, 4768, 4779, 4780, 4787, 4788, 4793, 4798, 4804, 4810, 4815, 4820, 4823, 4832, 4834, 4840, 4843, 4845, 4846, 4852, 4860, 4862, 4871, 4872, 4875, 4879, 4884, 4886, 4892, 4928, 4932, 4933, 4937, 4943, 4949, 4967, 4968, 4971, 4989, 4992, 4993, 4994, 4999, 5004, 5008, 5020, 5022, 5027, 5028, 5030, 5033, 5034, 5037, 5039, 5040, 5045, 5046, 5048, 5050, 5053, 5055, 5066, 5068, 5071, 5073, 5075, 5077, 5091, 5093, 5094, 5100, 5101, 5103, 5149, 5151, 5155, 5160, 5162, 5164, 5166, 5170, 5171, 5173, 5176, 5114, 5122, 5123, 5124, 5127, 5128, 5133, 5135, 5140, 5141, 5143, J. A. Smith, et al., Fox and Rattle Snake 4895, 4897, 4900, 4902, 4904, 4905, 4907, 4913, 4917, 4924, 4926, Lodes. A. K. Stiles, Paducah Lode. Warrior's Mark Mg. Co., Etna, Cassandra Nos. 1, 2, 3, 4 and 5, Queer Name Nos. 1 and 2, and Warrior's Mark Nos. 1 and 2 Lodes. IDAHO. Alturas County. R. C. Chambers, Iris Lode. ΜΟΝΤΑΝΑ. Madison County. D. B. Noble, 2 Company Lodes and M. S. W. A. Clark, Missing Link Lode. J. Thompson, et al., Golden Gate Lode. NEVADA. Esmeralda County. J. H. McNee, Arthur and Garfield, Salt and Borax Placers. Eureka County. M. Goetz, et al., Star of the West Lode. NEW MEXICO. Grant County. T. F. Conway, et al., Ivanhoe Lode. Socorro County. P. Dorsey, Kelly Lode. UTAH. Beaver County. W. S. Searls, et al., Day Dawn Lode. J. Robbins, Sr., Robbins Eureka Lode. Summit County. 5178, 5180, 5185, 5188, 5190, 5196, 5210, 5215, 5225, 5226, 5227, 5229, 5232, 5242. Nos. 4195, 4296, 4408, 4483, 4842, 5246, 5259, 5264, 5266, 5268, 5270, 5272, 5273, 5276, 5277, 5280, 5281, 5286, 5289, 5293, 5296, 5303, 5307, 5308, 5309, 5314, 5315, 5318, 5319, 5320, 5322, 5323, 5328, 5333, 5335, 5345, 5348, 5351, 5352, 5355, 5357, 5370, 5371, 5377, 5381, 5383, 5393, 5401, 5402, 5404, 5406, 5407, 5408, 5416, 5422, 5427, 5433, 5434, 5439, 5443, 5451, 5462, 5463, 5466. GRAND FORKS. Fargo Series, No. 388. HURON. Mitchell Series, Patents founded on Valentine Scrip Certificates, Nos. 5, 216 and 253, R. and R. Nos. 20, 21 and 22, each for 40 acres. IDAHO. OXFORD. No. 162, Townsite of Salmon City. KANSAS. INDEPENDENCE. Nos. 7796, 8051, 8052, 8053, 8054, 8056 to 8065 inclusive, 8069, 8070, 8072, 8073, 8075, 8076, 8078 to 8083 inclusive, 8085 to 8091 inclusive, 8094, 8095, 8097, 8098, 8100 to 8103 inclusive, 8107 to 8110 inclusive, 8112, 8113, 8114, 8117 to 8120 inclusive, 8122, 8124, 8125, 8127, 8128, 8129, 8130, 8132, 8134 to 8138 inclusive, 8141, 8143 to 8153 inclusive, 8156 to 8160 inclusive, 8162, 8163, 8164, 8166, 8170, 8171, 8172, 8174, 8175, 8176, 8178, 8179, 8180, 8182, 8183, 8186, 8190, 8194, 8197, 8198, 8200, 8201, 8203 to 8206 inclusive, 8209, 8210, 8213, 8216 to 8227 inclusive, 8229, 8230, 8232, 8234, 8235, 8237 to 8240 inclusive, 8243, 8244, 8245, 8247, 8248, 8250, 8251, 8253, 8254 to 8260 inclusive, 8262, 8265, 8266, 8267, 8269 to 8274 inclusive, 8277, 8279 to 8284 inclusive, 8287 to 8296 inclusive, 8298, 8299, 8300, 8302, 8303, 8305 to 8311 inclusive, 8313, 8314, 8320, 8321, 8327, 8329 to 8336 inclusive, 8340 to 8345 inclusive, 8349, 8350, 8351, 8353 to 8356 inclusive, 8358, 8359, 8360, 8362 to 8366 inclusive, 8369 to 8380 inclusive, 8382, 8383, 8386 to 8393 inclusive, 8396 to 8399 inclusive, 8401, 8402, 8404, 8406, 8407, Osage Trust Lands. LOUISIANA. NEW ORLEANS. Founded on Surveyor General's Certificate, under Act of June, 21, 1860, R. and R., Nos. 1 to 9 inclusive, 13 to 22 inclusive. Nos. 3439, 5086, 5090, 5139, 5189, 5190, 5192, 5194, 5201, 5202, R. C. Chambers, et al., Central Lode and 5203, 5211, 5214, 5215, 5216, 5218, 5221, 5222, 5224, 5227, 5228, 5229, 5231, 5235, 5237, 5238, 5241, 5242, 5246, 5247, 5252, 5253, Washington M. S. 5255, 5256, 5257. Nos. 8494, 9092, 10749, 10750, 10803, 10931, 10956, 11015, 11021, 11023, 11028, 11057, 11059, 11062, 11087, 11088, 11096 11101, 11114, 11120, 11132, 11139, 11140, 11147, 11154, 11162, 11168, 11172, 11182, 11189, 11198, 11213, 11216, 11219, 11220 to 11226'inclusive, 11229 to 11232 inclusive 11234 to 11241 inclusive, 11243, 11244, 11247, 11248 to 11253 inclusive, 11255 to 11258 inclusive, 11260 to 11270 inclusive, 11272 to 11276 inclusive, 11278, 11280, 11281, 11282, 11284 to 11287 inclusive, 11290, 11291, 11293 to 11300 inclusive, 11302, 11303, 11304, 11305, 11308, 11309, 11310, 11313 to 11316 inclusive, 11319, 11321 to 11331 inclusive, 11333, 11334, 11336, 11337, 11338, 11340. KIRWIN. Nos. 2569, 2770, 3265, 3525, 4004, 4216, 4355, 4536, 4785, 4964, 5007, 5256, 5271, 5328, 5346, 5347, 5350, 5352 to 5369 inclusive, 5371, 5372, 5374, 5375, 5378, 5379, 5380, 5383, 5385, 5386, 5387, 5389, 5390, 5393 to 5397 inclusive, 5399, 5400, 5401, 5403 to 5416 inclusive, 5418 to 5423 inclusive, 5426, 5427, 5429 to 5433 inclusive, 5437 to 5453 inclusive, 5456 to 5461 inclusive 5463 to 5466 inclusive, 5468 to 5476 inclusive, 5478 to 5483 inclusive, 5486, 5487, 5491, 5492, 5494, 5497 to 5500 inclusive, 5502 to 5507 inclusive, and 5509. LARNED. Nos. 769, 2239, 2320, 2358, 2434, 2461, 2528, 2567 to 2597 inclusive, 2599 to 2603 inclusive, 2605, 2606, 2607, 2610 to 2614 inclusive, 2616, 2617, 2618, 2620 to 2633 inclusive, 2635 to 2652 inclusive, 2654 to 2660 inclusive. SALINA. Nos. 6843, 6844, 6859, 6940, 6943, 6979, 6984, 6989, 7004 to 7015 inclusive, 7017, 7018, 7021, 7022, 7024, 7026, 7027, 7029. 7032 to 7035 inclusive, 7037 to 7048 inclusive, 7050 to 7055 inclusive, 7057 to 7065 inclusive, 7067 to 7075 inclusive. WA KEENEY. Hayes City and Wa Keeney Series, 83, 84, 96, 561, 707, 712, 791, 818, 822, 824, 863, 865, 872, 875, 879, 880, 883, 888, 892, 898, 900, 905 to 919 inclusive, 921, 922, 924 to 929 inclusive, 932 to 942 inclusive, 944 to 951 inclusive, 953 and 954. MINNESOTA. REDWOOD FALLS. Nos. 1260, 1766, 1885, 1889, 1907, 1920, 1922, 1937, 1978, 1984, 2013, 2056, 2059, 2104, 2107, 2140, 2142, 2145, 2174, 2176, 2209, 2210, 2218, 2465, 2467, 2468, 2469, 2472, 2473, 2475, 2476, 2483, 2485, 2490, 2493, 2496, 2497, 2499, 2501, 2503, 2504, 2505, 2510, 2511, 2512, 2517, 2518, 2519, 2521, 2523, 2524, 2527, 2528, 2529, 2532, 2533, 2538, 2540, 2541, 2543, 2545, 2546, 2547, 2548, 2549, 2550, 2551, 2553, 2554, 2555, 2557, 2559, 2560, 2561. Nos. 1118, 1415, 1458, 1595, 1858. 1888, 1963, 2057, 2075, 2161, 2169, 2193, 2195, 2196, 2197, 2202, 2204 to 2209 inclusive, 2211, 2212, 2215 to 2218 inclusive, 2221, 2222, 2224, 2225, 2227, 2228, 2231, 2232, 2233, 2236 to 2240 inclusive, 2242, 2243, 2246, 2247, 2248, 2251 to 2258 inclusive, 2261, 2263, 2264, 2265, 2268, 2270, 2272 to 2278 inclusive, 2280 to 2283 inclusive, 2285, 2286, 2288, 2291, 2292, 2296, 2300 to 2309 inclusive, 2311 to 2316 inclusive, 2318 to 2321 inclusive. VOL. X. COPP'S LAND OWNER. WASHINGTON, D. C., AUGUST 15, 1883. Entered at the Post Office at Washington, D. C., as second-class matter. THIS NOTICE MARKED with a blue or red pencil indicates that your subscription expires with this issue, and if you wish the paper continued withont interruption, you should remit your renewal subscription at once. Parties renewing their subscriptions will find it Directory one year. THIS paper furnishes more valuable law informa tion for less money, and is read by more land attorneys and real estate dealers, by more homestead, pre-emption, and other land claimants, and by more mine owners, engineers, and superintendents, than any other publication in the United States. LAND OFFICE DECISIONS. In a few weeks will appear the official advantageous to send $1.00 for their card in the Land publication of the Land Department, containing the decisions and instructions promulgated during the past two years. It will contain about 700 pages, 8vo, and will be a useful book. Editorial Notes Personals.. CONTENTS. PAGE Land Office Decisions-Land PRACTICE. Gjerberg vs. Corno........ MINES AND MINERALS. John G. Kennedy et al-Moyer vs. Mike and Starr Gold and Silver Mining Company. HOMESTEADS. McNett vs. Newman........ REPAYMENT. Charles H. Chick et al.... 151 153 FOR the benefit of parties who may be interested in the Civil Service, we have 15 now going through the press a little book called "U. S. Salary List and Civil Service Rules." It gives all the Government salaries in Washington and throughout the 154 country, and the Civil Service Law, Rules and Regulations, with specimen examina155 tion questions in the Custom House, Post Office, and Department service. 133 STATE SELECTIONS, 157 158 THE United States Fish Commissioner has this year distributed throughout every State and Territory in the Union 80,000,000 white fish, 30,000,000 shad, and 10,Supreme Court of Michigan-Fisher vs. Hallock.. 159 000,000 of the salmonidæ species. The PRACTICE. GJERBERG VS. CORNO. No. 10. Rules of Practice.-Rule 5 applies to hearings in contests between homestead claimants and between homestead and pre-emption claimants also. COMMISSIONER MCFARLAND to Reg. and Rec., Crookston, Minn., July 11, 1883. (C. H. B.) By the 2d paragraph of the Rule 5, referred to, Registers and Receivers are authorized to order hearings in "contests between homestead and pre-emption claimants." The language of the rule is such, that a question respecting its meaning might well arise, viz.: Whether it is intended that the district officers may order hearings in contests between homestead claimants and homestead and pre-emption claimants, or whether their authority is by it restricted to ordering hearings in contests between homestead and pre-emption claimants only. For your information and guidance in future, I will state that this office construes the rule to apply to hearings in contests between homestead claimants, also between homestead and pre-emption claimants. This case coming, therefore, within the rule, is returned herewith for action. your MANDERFIELD et al. vs. MCKINSEY, Hearing.-Publication of Notice-The local officers cannot dismiss a case. Where publication is had under Act of March 3, 1879, notifying all persons of proposed proof, another publication is not needed under Act of June SECRETARY TELLER to Commissioner Mc Far3, 1878. land, July 13, 1883. I have considered the case of Anton Manderfield and A. H. O'Connor vs. H. C. McKinsey, involving as between McKinsey and O'Connor, the W. and N. E. † of the S. W. of Sec. 32, and as between McKinsey and Manderfield, the S. E. of S. W. Sec. 32, Tp. 1 N., R. 26 E., Bozeman district, Montana, on appeal by McKinsey from your decision of February 10, 1883. McKinsey filed declatory statement No. 240, for the S. W. of Sec. 32, April 27, alleging settlement March 1, 1881. O'Connor made homestead entry No. 319, December 9, 1881, of the W. and the N. E. of the S. W. of Sec. 32. Manderfield made additional homestead entry No. 317, December 6, 1881, of the S. E. of S. W. of Sec. 32, and lot 1 of Sec. 4, Tp. 1 S., R. 26 E. May 16, 1882, McKinsey published notice of his intention to make final proof, June 21 ensuing, before the clerk of the court at Canyon. He accordingly appeared with his witnesses and submitted such proof; whereupon, O'Connor ap-ent for the Silver Question lode, are sit- vs. Church Placer, L. O., Vol. 9, p. 212. peared in his own behalf and in Mander- uated upon surface ground which was pat- Mammoth Quartz Mine, Robinson claimant field's, and filed an affidavit protesting ented to the Pio Nino lode, August 18, vs. Roydor, L. O., Vol. 10, p. 18. Shonagainst the admission of said proof and 1880. bar Lode, Barrett claimant, L. O., Vol. 10, alleging non-compliance with legal re- The Silver Question lode was located p. 18. quirements on the part of McKinsey. September 1, 1880, and it is nowhere. The mere fact that the Placer patent to Such protest was also filed at the local shown that any further discovery or im- Moyer by description covers the same office and a hearing asked for. The par- provements, other than those above men- ground, does not deprive the Land Deties were accordingly duly cited to appear tioned, have been made upon the claim, partment of jurisdiction, nor prevent it before the Register and Receiver, August nor is there any proof in the case show- from issuing a patent for a lode within 21 ensuing. McKinsey appeared and ing the discovery, continuation or exist- the exterior boundaries of the placer. moved to dismiss "the contest," on the ence of the alleged lode within the claimed (Rico Townsite case, 9 C. L. O., 90.) following grounds: limits of the Silver Question survey. 1st. That the case had already been tried and concluded. 2d. That the notice was not printed in a newspaper as prescribed by the act of June 3, 1878. 3d. That the contest was brought jointly by the contestants. The Register and Receiver overruled the motion upon the 1st and 3d grounds, but sustained it upon the 2d ground, and dismissed the case accordingly. The reasons stated for such action were, that the sufficiency of the proof had not been decided by them when the motion was made; and that the joining "of the contestants" in the notice was merely pro forma, and could not operate to preclude a severance of the cases at the hearing. You sustained the local officers in their action as to the 1st and 3d grounds, but over-ruled such action upon the 2d ground, returning the case and instructing them to proceed with the hearing. It was not competent for said officers to dismiss the case, such action being in contravention of Rules 41 and 42 of Practice. The location of the Silver Question lode was not therefore valid (see Copp's L. O. for July, 1881, p. 66), and all subsequent proceedings based upon such void location, even though in due form, are also invalid (Copp's Mineral Lands, 2d Ed., p. 283). For the above reasons, and also for the further one that the $500 in labor and improvements placed on the alleged discovery shaft and tunnel, as certified to by the Surveyor-General, are not shown to have been placed thereon for the development of the Silver Question lode within the limits of the claimed surface ground, said entry No. 2041 is held for cancellation. MOYER VS. MIKE AND STARR GOLD AND SILVER MINING COMPANY. SECRETARY TELLER to Commissioner McFar- I have examined the matter of the survey of the claim of the Mike and Starr It should be observed that the publica- Gold and Silver Mining Company upon tion of McKinsey's notice to prove up the Gardner Lode, survey No. 444, minoperated as a citation to all parties in in- eral entry No. 629, Leadville, Colorado, terest to appear at the time and place fixed on appeal from your decisions of July 7, therefor and test the validity of his claim. and September 16, 1882, by the former It was competent for said parties to so decision holding such entry for cancella. appear, as by so doing, they were simply tion, and by the latter declining to change acting in accordance with the terms of the former. such notice. This hearing was not the initiation of a contest within the contemplation of the act of June 3, 1878, (20 Stat., 91,) and no further publication was necessary, as that had already been done pursuant to the provisions of the act of March 3, 1879. (Ibid. 472.) This appeal was taken from your decision or order for a hearing. Such order was interlocutory and matter resting clearly within your discretion, from which no appeal lay. It is therefore dismissed. MINES AND MINERALS. JOHN G. KENNEDY ET AL. Survey-Improvements.—Where a lode claim is located over a survey already patented, the later lode must be shown to extend beyond the lines of the patented survey. The new discovery shaft cannot be located on such patented claim. Improvements made within the patented ground cannot be credited to later claim. COMMISSIONER MCFARLAND to Reg. and Rec., You held the entry for cancellation because the lode "claim lies completely within the limits of the Moyer Placer survey No. 300, which was patented to William Moyer, January 30, 1880," and because by the issue of such patent "the land department had exhausted its jurisdiction." If in fact a lode was known to exist at the date of the application for a patent, the statute excepted it out of the placer patent. In the patent issued by your office to Moyer for the placer in question, you excepted and excluded such lode, if known to exist, in the following language: "Should any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposit, be claimed or known to exist within the above-described premises at the date hereof, the same is expressly excepted and excluded from these presents." In the cases cited, I held that the lode must be known to exist at the date of the application for the placer claim. The date of the Moyer application for patent was November 13, 1878. The application for said Gardner lode states that it "was discovered and located" on or about the 10th day of March, 1879. Upon the motion for the re-hearing before you, three affidavits were filed, which tend to prove that, by means of a tunnel, constructed in 1876 and 1877, the mineral vein now known as the Gardner lode was discovered in 1876, and that said Moyer at the time of his said application knew of said tunnel within the limits of the ground included in his application, and that mineral had been discovered therein. The discovery of the mineral is denied. The Mike & Starr Company ask that the entry of the Gardner lode be allowed to stand, and that a hearing may be ordered at the local office to determine whether such lode was known to exist. The Iron Silver Mining Company, the present owner of said Moyer placer, has placed on file and called my attention to a newspaper report of a decision, rendered the 18th ultimo by Judge McCrary, of the Section 2333 of the Revised Statutes Eighth U. S. Judicial Circuit, in the case provides that where a vein or lode "is of said company vs. Sullivan et al., in a known to exist within the boundaries of a conflict between the Wells and Moyer placer claim, an application for a patent for such placer claim which does not include an application for the vein or lode claim shall be construed as a conclusive declaration that the claimant of the placer claim has no right of possession of the vein or lode claim." Placer claim and the Kit Carson and Brooklyn lode claims. The report states that the court held that the term "known lode or vein " within section 2333, which was reserved out of the placer patent grant, meant a known lode or vein mining claim which had been duly located or recorded and owned by some third party before the application was made for the placer patent." Since your said decision I have held, in construing this section of the statute, that the effect of said section was to carve out of a patent to a placer claim, all lodes No official copy of the decision has known to exist at the date of the appli- been received by this Department; but cation, together with twenty-five feet of since the material question at issue in this surface ground on each side. (Becker vs. case is being considered by the courts of Sears, L. O., Vol. 9, p. 211. War Dance the district in which the property in dis |