*

*

But where placer claims can not be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands," etc.

From the foregoing, it will be seen that placer mining claims, located after May 10, 1872, must conform as nearly as practicable with the public surveys. In other words, the location of a placer mine upon surveyed land, made after May 10, 1872, should embrace legal subdivisions of the public lands, where the same can be done without interfering with the rights of other bona fide mineral, agricultural, or other claimants in the same tract.

Where placer mines are situate upon unsurveyed land, or where, by reason of some other bona fide claimant, a legal subdivision of surveyed land can not be embraced in an application for patent, a survey must be made of the premises for which a patent is sought, in accordance with circular instructions of June 10, 1872.

Very respectfully, etc.,

W. W. CURTIS, Acting Commissioner.

No. 11. 1. Timber growing upon mineral land within ten miles of the center line of the Central Pacific Railroad Company, except so much as is necessary to support the improvements of miners thereon, is granted to the

company.

2. Excepting clause inserted in mineral patent issued for land so located. DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE,

WASHINGTON, D. C., November 12, 1874.

Register and Receiver, Sacramento, Cal.

GENTLEMEN: On the twenty-third of June, 1873, the Mammoth Blue Gravel Company filed in your office an application for patent for certain placer mining ground, embraced by surveys 55 and 56, T. 16 N., R. 10 E., and survey No. 38, T. 17 N., R. 10 E., Mt. D. Mer., to wit, 1,584.13 acres. Said tracts are situated upon unsurveyed public lands.

When the public surveys shall have been extended over this region, said mining claim will be found to embrace portions of sections 1, 2, 3, 4, 10, 11, 21, 28, and 29, in T. 16 N., R. 10 E., and portions of sections 33, 34, and 35, in T. 17 N., R. 10 E., Mt. D. Mer.

On the twenty-second of August, 1873, Gustavus A. John

son filed in your office a protest against said application, so far as the same related to the N. E. of sec. 10, T. 16 N., R. 10 E., and on the thirteenth of November, 1873, withdrew said protest.

On the twenty-third of August, 1873, the Central Pacific Railroad Company filed in your office a protest against said application, so far as the same related to sections 1, 3, 11, 21, and 29, T. 16 N., R. 10 E., and sections 33 and 35, T. 17 N., R. 10 E., M. D. M., alleging in its protest “that the lands embraced in said application, No. 491, are not mineral lands, as it is informed and believes," and "that the lands contained in said odd numbered sections were granted to said Central Pacific Railroad Company by the act of Congress, approved July 1, 1862."

Upon the filing of the last-named protest, you ordered a hearing to determine the true character of said tracts, and cited said railroad company to submit evidence in regard to the mineral or agricultural character of said tracts referred to in its protest. This hearing was held on the thirteenth of November, 1873, before you.

The testimony submitted in this case shows that the premises in dispute have been claimed and held for mineral purposes since 1866; that the same has been extensively prospected; that said mining company has expended in actual labor and improvements about sixty-five thousand dollars upon said mining claim; that the results of the mining operations thereon have shown that the land in question is mineral land, and of but little value for agricultural purposes.

This mining claim is situated in a well-known mineral region and within the mineral belt, and could not fall within the provisions of the tenth and eleventh sections of the mining act of July 26, 1866, being neither "properly" nor "clearly agricultural land."

Said tracts are, therefore, adjudged mineral in character, and will be treated accordingly.

The evidence shows that much valuable timber is growing upon said tracts, and the question is submitted whether such timber was granted to the Central Pacific Railroad Company as is found upon odd sections by virtue of the grant to said railroad company.

The act of Congress, approved July, 1862 (12 Stat. 489),

entitled "An act to aid in the construction of a railroad and telegraph line from the Missouri river to the Pacific ocean, and to secure to the government the use of the same for postal, military, and other purposes," grants to said railroad company every alternate section of public land within the limits of ten miles on each side of said road, "provided that all mineral lands shall be excepted from the operation of this act, but where the same shall contain timber, the timber thereon is hereby granted to said company." (Vide sec. 3.)

This act was amended by act approved July 2, 1864, (13 Stat. 356).

The fourth section of said amendatory act extends the limits of said grant to the distance of twenty miles on each side of the road, and provides that "any lands granted by this act, or the act to which this is an amendment, shall not defeat or impair any pre-emption, homestead, swamp land, or other lawful claim, nor include any government reservation or mineral lands, or the improvements of any bona fide settler on any lands returned and denominated as mineral. lands, and the timber necessary to support his said improvements as a miner or agriculturist." * * * That the phrase," but where the same shall contain timber, the timber thereon is hereby granted to said company in the proviso to said section three, shall not apply to the timber growing or being on any land further than ten miles from the center line of any one of said roads or branches mentioned in said act or in this act."

Timber on mineral land.

From the foregoing it will be seen that mineral lands do not pass to said railroad by virtue of its grant, but that the timber being or growing upon mineral land within ten miles of the center line of said road or branches is granted to said railroad company excepting so much as is necessary to support the improvements of mine owners upon the given tracts. Excepting clause in patent.

And when patent issues for such mineral land it will be necessary to insert therein a clause excepting from the operation of the patent to said applicant all timber being or growing upon odd-numbered sections within the limits hereinbe

fore referred to, except such as is "necessary to support his said improvement as a miner," as provided in said statute. You will inform all parties in interest, and acknowledge the receipt hereof.

Should no appeal be taken from this decision within sixty days from the date of your notification to all parties in interest, you will allow said mining company to make entry of the premises described in their said application, upon full compliance with the law and instructions.

Very respectfully, your obedient servant,

S. S. BURDETT, Commissioner.

No. 12. 1. Placers located prior to July 9, 1870, are regulated in size by the local law.

2. A person, or association of persons, may purchase distinct locations and apply for patent on the entire claim.

3. Five hundred dollars expenditures are not required on each location where they are contiguous and constitute one claim.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE,

WASHINGTON, D. C., November 21, 1874.

Hon. H. F. PAGE, House of Representatives :

SIR: I have received by your reference a letter from Jesse J. Lyons, dated Nevada, California, August 31, 1874, and in reply thereto I would state that the size of placer claims located prior to the act of July 9, 1870, is regulated and controlled by the local law. Subsequent to July 9, 1870, and prior to May 10, 1872, no location of a placer claim can exceed one hundred and sixty acres.

From and after the passage of the mining act of May 10, 1872, no location made by an individual can exceed twenty acres, and no location made by an association can exceed one hundred and sixty acres.

Purchase of distinct locations.

There is nothing in the mining acts of Congress forbidding one person or an association of persons purchasing as many separate and distinct locations as he or they may desire, and embracing in one application for patent the entire claim to which they have the possession and the right of possession by virtue of compliance with the local laws and congressional enactments.

Expenditures.

The law does not require an expenditure of five hundred dollars upon each location of a placer claim embraced in an application for patent, where the locations are contiguous and constitute one claim.

Where an application embraces two or more separate and distinct tracts of placer mining ground, the required amount, viz., five hundred dollars, should be expended upon each tract, and a copy of the diagram and notice posted upon each tract, to entitle the claimant to make entry thereof. I return herewith Mr. Lyons' letter.

Very respectfully, your obedient servant,

S. S. BURDETT, Commissioner.

No. 13. In cases of application for patent for placer land, satisfactory proof must be furnished that the premises applied for do not contain any known veins of quartz or other rock in place containing gold, etc.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE,

WASHINGTON, D. C., August 27, 1873.

Register and Receiver, Helena, Montana.

GENTLEMEN:

*

* * This application for patent was filed under the act of July 9, 1870, and purports to be for placer mining land. The twelfth section of said act provides that claims usually called 'placers,' including all forms of deposits, excepting veins of quartz or other rock in place, shall be subject to entry and patent under this act," etc.

In all cases of application for patents under this act, satisfactory proof must be presented that the premises described do not contain any known veins of quartz or other rock in place containing gold, silver, cinnabar, or cop

No. 14.

Very respectfully,

WILLIS DRUMMOND, Commissioner.

Townsite of North Leadville v. Searle.

Where land in the vicinity of valuable mineral deposits is returned as mineral in character on the township plat, clear and positive proof of its nonmineral character can alone overcome the return of the Surveyor-general. DEPARTMENT OF THE INTERIOR,

WASHINGTON, D. C., April 17, 1880.

SIR: I have considered the case of the Townsite of North