or deficiency must be divided proportionately between the two distances, as expressed in the field notes of original survey. The section corner started from and the corner closed upon should be connected by a right line, unless the retracement should develop the fact that the section line is either a broken or curved line, as is sometimes the case. ing corner at the point indicated by the survey, in the manner previously indifield notes of the original survey, by pro- cated and directed, and the corners re-esportionate measurement. The corner thus tablished in the manner directed in the restored will be common to two sections case of double corners. The surveyor either north or west of the township cannot be too careful, in the matter of reboundary, and the section north or west, tracement, in following closely all the as the case may be, should be carefully recorded indications of the original line, retraced, thus checking upon the re-estab- and nothing, however slight, should be lished corner, and testing the accuracy of neglected to insure the correctness of the 8. Re-establishment of interior quarter the result. It cannot be too much im- retracement of the original line; since section corners. In some of the older pressed upon the surveyor, that any meas- there is no other check upon the accuracy surveys these corners are placed at varia- urements to objects on line noted in the of the re-establishment of the missing corble distances, in which case the field notes original survey are means of determining ners, unless the entire corresponding secof the original survey must be consulted, and testing the correctness of the operation. tion lines are remeasured by proportional and the quarter section corner re-estab- 10. Where double corners were origin- measurement, and the result checked by a lished at proportionate distances between ally established, and both are missing, to recalculation of the areas as originally rethe corresponding section corners, in ac- re-establish the one established when the turned, which, at best, is but a very poor cordance therewith. The later surveys township was subdivided.—The corner to check, because the areas expressed upon being more uniform, and in stricter ac- be re-established being common to two many plats of the older surveys are errocordance with law, the missing quarter sections south or east of the township neously stated on the face of the plats, or section corner must be re-established equi- line, the section line closing on the miss- have been carelessly calculated. distant between the section corners mark- ing section corner should be first retraced 12. Where triple corners were origining the line, according to the field notes to an intersection with the township line, ally established on range lines, all of which of the original survey. The remarks in the manner previously indicated, and a are missing, to re-establish same. These made under § 5, in relation to section temporary corner established at the point corners should be re-established in accordlines, apply with full force here also; the of intersection. The township line will ance with the foregoing directions, comcaution there given not to neglect sight of course have been previously carefully mencing with the corner originally estabtrees is equally applicable; since the retraced in accordance with the require- lished when the range line was run, esproper re-establishment of the quarter ments of the original field notes of sur-tablishing the same in accordance with section corner may in some instancs very vey, and marked in such a manner as to previously given directions for restoring vargely depend upon its observance, and be readily identified when reaching the section and quarter section corners; that avoid one of the many sources of litigation. same with the retraced section line. The is to say, by remeasuring between the 9. Where double corners were origin- location of the temporary corner planted nearest known corners on said township ally established, one of which is standing, at the point of intersection will then be line, and re-establishing the same by proto re-establish the other.-It being remem- carefully tested and verified by remeas-portionate measurement. The two rebered that the corners established when urements to noted objects and known cor- maining will then be re-established in eonthe exterior township lines were run be-ners of the township line, as noted in the formity with the general rules for re-eslong to the sections in the townships original field notes of survey, and the nec- tablishment of double corners. north and west of these lines, the sur- essary corrections made in such relocation. veyor must first determine beyond a A permanent corner will then be erected at doubt to which sections the existing cor- the corrected location on the township line, ner belongs. This may be done by test-properly marked and witnessed, and reing the courses and distances to witness corded for future requirements. trees or other objects noted in the original 11. Where triple corners were origin-between known corners of the township field notes of survey, and by remeasuring ally established on range lines, one or two distances to known corners. Having de- of which have become obliterated, to re-estermined to which township the existing tablish either of them. It will be borne in corner belongs, the missing corner may mind that only two corners were estabbe re-established in line north or south of lished as actual corners of sections, those the existing corner, as the case may be, at established on the range line not corresthe distance stated in the field notes of ponding with the subdivisional survey the original survey, by proportionate east or west of said range line. The surmeasurement, and tested by remeasure- veyor will, therefore, first proceed to ment to the opposite corresponding cor- identify the existing corner or corners, as ner of the section to which the missing the case may be, and then re-establish the section corner belongs. These double missing corner or corners in line north or corners being generally not more than a south, according to the distances stated in few chains apart, the distance between the original field notes of survey in the them can be more accurately laid off, and manner indicated for the re-establishment it is considered preferable to first estab- of double corners, and testing the accurlish the missing corner as above, and acy of the result obtained, as hereinbefore check upon the corresponding interior directed in other cases. If, however, the corner, than to reverse the proceeding; distances between the triple corners are since the result obtained is every way more accurate and satisfactory. 13. Re-establishment of meander corners and meanders. Before proceeding with the re-establishment of missing meander corners, the surveyor will carefully rechain at least three of the section lines within which the lost corner is to be relocated, in order to establish the proportionate measurement to be used. This requirement of preliminary remeasurement of section lines must in no case be omitted; since it is the only data upon which the fractional section line can be remeasured proportionately, the corner marking the terminus, or the meander corner being missing, and which it is intended to re-establish. The missing meander corner will be re-established on the section or township line retraced in its original location, by the proportionate measurement found by the preceding operations, from the nearest known corner on such township or section line, in accordance with the requirements of the original field notes of survey. To retrace not stated in the original field notes of the original meander lines, between the survey, as is frequently the case in the re- meander corners re-established as above, 9. Where double corners were originally turns of older surveys, the range line is generally an operation of much greater established, and both are missing, to re-es- should be first carefully retraced, and difficulty, owing to the fact that the line tablish the one established when the town- marked in a manner sufficiently clear to connecting the meander corners is, in ship line was run.—The surveyor will con- admit of easy identification upon reaching most instances, a broken line; and is, nect the nearest known corners on the same during the subsequent proceedings. moreover, unmarked at each point of the township line by a right line, being The section lines closing upon the miss- change in direction intermediate between careful to distinguish the section from the ing corners must then be retraced in ac- the said meander corners, thus affording closing corners, and re-establish the miss-cordance with the original field notes of no check upon the work as it progresses ner of section 34, township 15 south, range 81 west of the 6th principal meridian; thence north to the southwest corner of section 34, township 12 south, range 81 west; thence west to the southwest corner of township 12 south, range 82 west; thence north along the range line between ranges 82 and 83 west, to a point where the ridge or mountain that constitutes the boundary between Pitkin and Gunnison counties intersects said range line; thence westerly and northwesterly along said The original evidences of the public county boundary to the southern boundland surveys in the following States, viz. :ary of Summit county; thence west along Ohio, Indiana, Illinois, Michigan, Wiscon- said southern boundary of Summit county sin, Iowa, Missouri, Arkansas, Mississippi, to the range line between ranges 90 and Alabama, and Kansas, have been turned 91 west; thence north along said range over, under the provisions of sections line to the 1st correction line south; 2218, 2219, and 2220, United States Re- thence west along said correction line to vised Statutes, to the State authorities, to the western boundary of the State, thence whom application should be made for such south with said western boundary of the copies of the original plats and field notes State to the place of beginning. as may be desired. N. C. MCFARLAND, Commissioner. [No. 886.] OF THE CORRECTED BOUNDARIES OF THE Notice is hereby given that the Presi- Further notice of the precise time when the land offices at Gunnison will be in readiness to receive applications for these lands will be given by the officers of the district by publication. Given under my hand, at the City of Washington, this 2d day of April, A.D. 1883. By the President : N. C. MCFARLAND, Commissioner of the General Land Office. LAND LAWS. [PUBLIC-No. 82.] An Act making appropriations for sundry civil expenses of the government for the fiscal year ending June thirtieth, eighteen hundred and eighty-four, and for other purposes. through a section. The several deflec- the absence of any and all means of identions of line comprising the meanders in tification of such location, are unable to any one section being originally run by make the result of their work acceptable compass, their retracement by compass at to the owners of the lands affected by a later period offers too many opportuni- such corner. In such cases the advice of ties for error; inasmuch as the varia- this office has invariably been to the effect tion of the needle, as noted in the origi- that the relocation of such corner must nal field notes of survey, may have under- be made in accordance with the orders of a gone violent changes by removal of the court of competent jurisdiction, the United cause, such as timber, etc., or increased States having no longer any authority to attractions by exposure of minerals, thus order any changes where the lands affected giving no means of correction to be ap- by such corner have been disposed of. plied in that direction at the time of retracement. Moreover, the variation of the needle as noted is not to be implicitly depended upon, since the observations for variation are in many instances crude and rough, and at best afford but an approximation in such work. It is, therefore, deemed preferable, where such variation has been carefully noted in the original field notes of survey, and the lines have been run with a true meridian throughout, to retrace the meanders by the angles made by the several successive courses. For instance, supposing the first course of a meander in a section to be initiated from a north and south section line, and the course by compass to be N. 30° 15' E., true meridian, the surveyor will lay off the angle of 30° 15′ in the direction required; the second course being N. 85° 45′ E., makes an angle with the preceding course of 55° 30'; the next course being S. 23° 30′ E., makes an angle with the preceding course of 66° 30', and so on through the section. The required distances on each course being carefully chained, the excess or deficiency of the Commencing at a point where the line beaggregate distance should be proportion- tween townships 46 and 47 north, New Mexately distributed on each course between ico, principal meridian, intersects the westthe meander corners from the data thus ern boundary of the State of Colorado; found; also any error that may develop thence east along said line to the northwest itself in the angles will be proportionately corner of township 46 north, range 1 west; distributed upon the several angles, and thence south to the 11th correction line the entire meanders corrected in accord-north; thence east along said correction ance therewith. Where no variation has line to the southeast corner of township been noted in the original field notes of 45 north, range 2 east; thence north to survey, the meanders can only be retraced the northeast corner of township 45 north, by trial lines, on the courses and distances range 2 east; thence east to the southeast originally given, and corrected by propor- corner of township 46 north, range 3 east; tionate measurement of angle and dis- thence north to the northeast corner of tance as above. The surveyor will, of township 46 north, range 3 east; thence course, take cognizance of any information east to the southeast corner of township furnished by the original field notes of sur- 47 north, range 5 east; thence north to vey, as to objects on each course to which the northeast corner of township 47 north, distances may be given or bearings taken, as range 5 east; thence east to the southeast well as at the meander stations themselves. corner of township 48 north, range 6 east; 14. Fractional section lines. County thence north to the northeast corner of and local surveyors being sometimes township 48 north, range 6 east; thence called upon to restore fractional section west to the southwest corner of section 34, lines closing upon Indian, military or township 49 north, range 6 east; thence other reservations, private grants, etc., north to the southwest corner of section 34, such lines should be restored upon the township 50 north, range 6 east; thence same principles as directed in the forego- west to the southeast corner of township ing pages, and checked whenever possible, 50 north, range 5 east; thence north to the veyor-general of Idaho: For rent of office for the surupon such corners or monuments as have northeast corner of township 50 north, veyor-general, fuel, books, stationery, pay of messenbeen placed to mark such boundary lines. range 5 east; thence west to the south-er, and other incidental expenses, one thousand five In some instances corners have been west corner of section 34, township 51 moved from their original position, either north, range 5 east; thence north to the by accident or design, and county survey- 3d correction line south of the 6th princiors are called upon to restore such corners pal meridian; thence west along said 3d to their original positions; but, owing to correction line south to the southwest cor Be it enacted, etc., That the following sums be, and the same are hereby, appropriated for the objects hereinafter expressed for the fiscal year ending June thirtieth, eighteen hundred and eighty-four, namely: * # PUBLIC LANDS. * Office of the surveyor-general of Louisiana: veyor-general of Louisiana: For fuel, books, station- veyor-general of Florida: For rent of office for the incidental expenses, one thousand dollars. veyor-general of Minnesota: For fuel, books, stationery, pay of messenger, and other incidental ex penses one thousand dollars. Office of the surveyor-general of Dakota : veyor-general of Dakota: For rent of office for the incidental expenses, two thousand dollars. Office of the surveyor-general of Colorado: veyor-general of Colorado: For rent of office for the one thousand dollars. Office of the surveyor-general of California: veyor-general of California: For fuel, books, sta Office of the surveyor-general of Idaho: dollars. Office of the surveyor-general of Nevada: veyor-general of Nevada: For rent of office for the senger, and other incidental expenses, one thousand veyor-general of Oregon: For fuel, books, stationery, pay of messenger, and other incidental expenses, one thousand five hundred dollars. Office of the surveyor-general of Washington: For contingent expenses of the office of the surveyor-general of Washington: For rent of office for the surveyor-general, fuel, books, stationery, pay of messenger, and other incidental expenses, one thousand five hundred dollars. Office of the surveyor-general of Montana: For contingent expenses of the office of the surveyor-general of Montana: For rent of office for the surveyor-general, fuel, books, stationery, pay of messenger, and other incidental expenses, two thousand dollars. Office of the surveyor-general of Nebraska and Iowa: For contingent expenses of the office of the surveyor-general of Nebraska and Iowa: For rent of office for the surveyor-general, fuel, books, stationery, and other incidental expenses, one thousand five hundred dollars. Office of the surveyor-general of Utah: For contingent expenses of the office of the surveyor-general of Utah: For rent of office for the surveyor-general, pay of messenger, fuel, books, stationery, and other incidental expenses, one thousand five hundred dollars. Office of the surveyor-general of Wyoming: For contingent expenses of the office of the surveyor-general of Wyoming: For rent of office for the surveyor-general, pay of messenger, fuel, books, stationery, and other incidental expenses, one thousand five hundred dollars. Office of the surveyor-general of Arizona: For contingent expenses of the office of the surveyor-general of Arizona: For rent of office for the surveyor-general, pay of messenger, fuel, books, stationery, and other incidental expenses, one thousand five hundred dollars. EXPENSES OF THE COLLECTION OF REVENUE FROM SALES OF PUBLIC LANDS. For salaries and commissions of registers of landoffices and receivers of public moneys at district land-offices, at not exceeding three thousand dollars each, five hundred thousand dollars. For incidental expenses of the several land-offices, one hundred and thirty thousand dollars. For expenses of depositing money received from the sale of public lands, ten thousand dollars. To meet expenses of protecting timber on the public lands, seventy-five thousand dollars; and the same, or any part thereof, may be used in paying agents employed a fixed sum per day, not to exceed three dollars, in lieu of actual daily expenses, as now provided by law. For expenses of agents employed in adjusting claims for swamp lands, and for indemnity for swamp lands, fifteen thousand dollars. SURVEYING THE PUBLIC LANDS. For surveying the public lands, four hundred and twenty-five thousand dollars, at rates not exceeding nine dollars per linear mile for standard and meander lines, seven dollars for township and five dollars for section lines, except that the Commissioner of the General Land Office may allow, for the survey of standard and meander lines through lands heavily timbered, mountainous, or covered with dense undergrowth, a sum not exceeding thirteen dollars per linear mile for standard lines, eleven dollars for township, and seven dollars for section lines: or where, for any cause not provided for by law, in Oregon or Washington Territory, he is unable to get the necessary surveys made at the rates aforesaid, he may allow a sum, not exceeding twelve dollars per linear mile for standard lines, ten dollars for township lines, and six dollars for section lines; and of the sum hereby appropriated sixty thousand dollars, the same to be immediately available, shall be expended for surveys in the Territory of Dakota; and a further amount, not exceeding fifty thousand ollars thereof, may be expended for occasional examinations of public surveys in the several surveying districts, in order to test the accuracy of the work in the field, and to prevent payment for fraudulent and imperfect surveys returned by deputy surveyors, and inspecting mineral deposits, coal-fields, and timber districts, and for the making of such other surveys or examinations as may be required for identification of lands for purposes of evidence in any suit or proceeding in behalf of the United States; and a further amount, not exceeding fifteen thousand dollars, may be used in the discretion of the Secretary of the Interior in retracing and resurveying imperfect surveys in the State of Kansas. For survey of confirmed private land claims in California, at the rates prescribed by law, including office expenses incidental to the service, ten thousand dollars. For survey of confirmed and private land claims in New Mexico, at a rate not exceeding thirteen dollars per linear mile, and office expenses, eight thousand dollars. For survey of confirmed private land claims in Arizona, at a rate not exceeding thirteen dollars per linear mile,and office expenses,eight thousand dollars. For the protection of public lands from illegal and fraudulent entry or appropriation, one hundred thousand dollars, of which sum fifty thousand dollars shall be immediately available. To enable the Commissioner of the General Land Office to continue to reproduce worn and defaced official plats of surveys on file, and other plats constituting a part of the records of said office, and also to furnish local land officers with the same, twenty thousand dollars. * * * Approved March 3, 1883. Theo. Michant et al., New Enterprise Lode. M. Sullivan et al., Silver Bell Lode. Nos. 753, 762, 1713, 2026, 2132, 2169, 2218, 2219, 2221, 2223, 2224 to 2229 inclusive, 2231 to 2239 inclusive, 2241 to 2245 inclusive, 2250, 2251, 2152, 2254, 2256, 2257, 2258, 2259, 2261, 2262, 2264, 2265, 2266, 2268, 2271, 2972 to 2277 inclusive, 2279, 2280, 2281, 2282, 2284, 2285, 2286, 2287, 2289, 2291, 2292, W. D. Cameron, Louis De Ball, Robert E. 2295 to 2302 inclusive, 2304, 2307, 2308, 2311, 2312, 2314, 2317 Lee, and Sheridan Hill No. 2 Lodes. G. W. Cox et al., McLin Lode. H. Montague et al., Placer. T. E. Shay et al., Tishomingo Lode. Dolores County. A. N. Steele et al., Telegraph Lode. A. H. Whitford, Mahaska Lode. to 2324 inclusive, 2326, 2327, 2329, 2330, 2332 to 2336 inclusive, 2338, 2339, 2340, 2341, 2343, 2345, 2348, 2351, 2352, 2355, 2356, 2357, 2358, 2359, 2361, 2362, 2265, 2366, 2367, 2368, 3369, 2370, 2372, 2373, 2375, 2378, 2380 and 2381. LOUISIANA. NEW ORLEANS. No. 3070 (Ouachita Series) and 17099. Nos. 3123, 3125 to 3130 inclusive, 3132, 3134, 3137, 3139, 3140, 3141, 3143 to 3147 inclusive, 3154, 3156, 3158, 3161 to 3169 inclusive, 3171 to 3190 inclusive, 3192 to 3196 inclusive, Galena Gulch M. & S. Co., Muldoon and No. 3200, 3201, 3203 to 3207 inclusive, 3212 to 3223 inclusive, 3 Lodes. San Juan County. S. R. Beckwith et. al., Warrick Lode.. C. W. Ellis et al., Curlew Lode. 3225, 3226, 3232, 3234, 3237 to 3243 inclusive, 3248 to 3258 inclusive, 3260, 3262, 3263, 3266 to 3269 inclusive, 3271, 3274, 3277 to 3280 inclusive, 3282, 3283, 3284, 3289 to 3293 inclusive. Nos. 1138, 1614, 1623, 1643, 1661, 1663, 1669, 1674, 1685, 1687, 1715, 1726, 1775, 1788, 1797, 1806, 1811, 1814, 1815, 1821, 1822, 1826, 1827, 1828, 1830, 1831, 1833, 1834, 1835, 1836, 1838, 1839, 1840, 1842 to 1847 inclusive, 1851, 1856, 1857, 1858, 1860, 1862, 1863, 1864, 1867, 1868, 1870, 1572, 1875, 1878, 1879, 1882, 1883, 1886, 1888, 1890, 1891, 1892, 1895, 1897, 1899, 1901, 1903, 1905, 1907, 1909, 1913, 1915, 1917, 1919, 1821, 1923, 1928, 1931, 1934, 1935, 1943, 1949 and 1951. MICHIGAN. MARQUETTE. Nos. 260, 347, 366, 367, 368, 369, 371, 372, 375, 376, 377, 379, 380, 382, 456, 462, 463, 469, 471, 473 and 476. MINNESOTA. BENSON. Nos. 1741, 5275, 5277, 5278, 5280, 5281, 5282, 5284, 5291, 5294 to 5304 inclusive, 5306, 5307, 5309, 5311 to 5317 inclusive, 5320, 5322 to 5333 inclusive, 5336, 5337, 5339, 5342, 5344, 5348, 5349, 5350, 5353, 5354, 5355, 5359, 5362 to 5366 inclusive, 5368, 5470, 5376 to 5880 inclusive. TRACY. Nos. 4375, 4383, 4389, 4392, 4393, 4403, 4407, 4419, 4425, 4439, 4488, 4491, 4495, 4496, 4503, 4507, 4508, 4550, 4554, 4561, 4574, 4575, 4579, 4608, 4609, 4610, 4611, 4612, 4615, 4617, 4619, 4620, 4622 to 4625 inclusive, 4627, 4629 to 4634 inclusive, 4636 to 4644 inclusive, 4648 to 4652 inclusive, 4654, 4655, 4656, 4658, 4747 to 4754 inclusive, 4756, 4757, 4759, 4760, 4762, 4763, 4764, 4765, 4767, 4768, 4769, 4770. Nos. 4659, 4660, 4662, 4663, 4664, 4666, 4667, 4668, 4670 to 4678 inclusive, 4680, 4682 to 4686 inclusive, 4688, 4689, 4691, 4692, 4696, 4697, 4698, 4700, 4702, 4703 to 4713 inclusive, 4715, 4716, 4718, 4719, 4721, 4724, 4725, 4727, 4728, 4731, 4732, 4733, 4635, 4736, 4737, 4739, 4741, 4744 and 4746, VOL. X. COPP'S LAND OWNER. CONTENTS. PAGE Editorial Notes-Texas is a High-toned State- PRACTICE. Sheldon vs. Breach....... MINES AND MINERALS. Maxwell vs. Brierly-DeCamp et al. vs. Cruse.. 49 49 50 WASHINGTON, D. C., MAY 15, 1883. No. 4. THIS paper furnishes more valuable law informa borhood; the schools are absolutely free, THE new land law firm of Sickels & Randall are meeting with great success THE Census Bureau reports that the forests of West Virginia have been in their business, and are already retained largely removed from the Ohio River in some of the most important cases pendcounties, and that the most valuable tim- ing in the Land Department. ber along the principal streams, espe- E. L. DRURY, of Chamberlain, Dakota, St. Lawrence Mining Co., et al. vs. Albion Mg. Co. 51 cially the black walnut, cherry and yellow has taken a partner, and the new firm is poplar, has been culled in nearly every Stroube & Drury. They are reliable part of the State. lawyers. Land Districts in the State of Nebraska.......... 59 SUPREME COURT OF THE UNITED STATES. Wooden Ware Company vs. U. S... Julian & Meloy, Washington, D. C.... J. A. Sibbald, Washington, D. C.. ACCORDING to the Coal Trade Journal, Indian reservation in Colorado. It covers AN American contractor thoroughly 61 62 64 PAGE IV IV But TEXAS IS A HIGH-TONED STATE. A Texas railway official sends the fol- IV IV ALAN N. DENNISON is the live real estate man of Walla Walla, Washington Territorial property for sale or lease. Read tory. He has town, county and terrihis card in the land directory. HARRY F. SMITH, of the General Land Office, has received a well-merited promotion to a fourth-class clerkship. JOHN T. CARLON has been appointed Receiver at Bozeman, M. T., and B. N. Johnson, has been appointed Register at Fergus Falls, Minn. IN the Julia Graham case, reported in the March LAND OWNER 1883, a clerical error should be corrected in the paragraph begining "in the light," page 237, first column, read "that an entry of record which on its face is valid is such," omitting the words "be it void or voidable." The syllabus should be corrected to correspond. PRACTICE. SHELDON VS. BREACH. Contest-Date-Interested Party.-Where a hearing is held on a day prior to that which the required notice specifies, the rights of parties not appearing are not affected. A contestant who fails to appear at the appointed time and place of hearing, forfeits his rights of contest under the notice. How a hearing involving a pre-emptor's compliance with law should be ordered where the party desiring a hearing is not an interested party. CoMM'R MCFARLAND to Reg. and Rec., Denver, Colorado, Jan. 12, 1883. (P. H. S.) "There is a Sunday law in Texas, and III III IV I have examined the case of Frank B. Sheldon vs. Henry Breach and Francis G. McLain, involving S. W. Sec. 5, township 3, N. R. 70 W., upon an appeal taken by Sheldon. Breach, filed D. S. 13,030, for said tract, June 27, alleging settlement iv are churches and schools in every neigh-entry No. 4588, September 19, 1881. DE CAMP ET AL. VS. CRUSE. Valuable Location-Record-No Discovery of Valuable Deposits-Excessive Surface Ground. Departure of Vein From Side Lines.-The adverse claimant having commenced suit in court, the several questions involved are to be adjudicated there, and not by the Land Department. SECRETARY TELLER to Commissioner McFarland, April 18, 1883. March 28, 1882, Breach gave notice of November 14, 1876. Upon petition of his intention to offer proof and payment Brierly (claiming it to be agricultural in April 19, 1882. Sheldon, entered com- character) it was advertised and sold to plaint of abandonment against the home- him by the superintendent of schools for stead entry of McLain, and also of failure the county in which it is located. Shortly by Breach, to comply with the require- thereafter the superintendent notified him ments of law, whereupon you cited the of the refusal of the state authorities to parties to trial May 30, but hearing was in confirm the sale, or to take any jurisfact had May 12, 1882, the day fixed upon diction over the tract so long as the by Breach, upon which to offer proof and Surveyor General's return remained un- I return herewith the papers submitted payment. changed; and he was tendered the pur- by your letter of Oct. 26, 1882, under my chase money he had paid, which he refused direction of the 12th of that month, in the to accept. He then applied for a hearing matter of the protest of Warren De Camp to enable him to show its agricultural et al. against the application of Thomas character, which you allowed him. The Cruse for patent for the Pine Tree Lode testimony shows that the tract has little Mineral Claim, designated as Lot No. 46, agricultural value, that it lies chiefly upon survey No. 992, situated in an unorganized It not appearing that Sheldon, ap- a precipitous mountain-side, that less than mining district, Lewis and Clarke county, peared on the day named, his contest as thirty acres-and these constituting sev- Helena district, Montana Territory. against McLain, must be dismissed. Shel-eral distinct parcels are susceptible of don was not a party in interest and hence cultivation or irrigation, and that its chief it was not competent for him to institute, value consists in a limestone ledge, the or you to order under the rules of practice stone of which is used as a flux in neigha contest by him against the pre-emption boring smelting works and for manufactclaim of Breach. uring into lime. On that day McLain, the homestead claimant failed to appear, but this cannot prejudice his right as under his notice he was not required to appear until a subsequent day to answer the complaint of Sheldon. Heath vs. Wallace (9 Copp 34) and for this reason the proceedings had by him on May 12, and his appeal from your decision must be dismissed.. It appears that Cruse filed his application June 15, 1881, basing the same upon his own location of said claim; that notice thereof was duly given by publication, beginning June 15th and ending August 15th, 1881; that during the period of publication, to wit, July 29th, De Camp et al. filed said protest, containing five distinct allegations, viz.: It also appears that Maxwell filed a mineral claim for the tract as a valuable limestone deposit, under an alleged discovery of November 18, 1878, and a loca- First. That there has neither been à tion February 5, 1879, and that Brierly valid location nor record of the Pine Tree also filed a like claim, (notwithstanding Lode, such location having been made on his allegation that the tract was agricult- the identical vein and in the discovery ural), under an alleged discovery of Feb- hole of the Bon Mahon Lode, and the ruary 6th, and a location February 8, record in question not having been made 1879. within twenty days from the date of discovery, as prescribed by the law of said Territory approved February 11, 1876. At most he appeared but as a protestant and it was your duty if the proof submitted by the pre-emptor was satisfactory to you, to have allowed his entry, or if not satisfactory to have rejected his application to enter, and in either case to have transmitted the papers including the affi- Your decision holds, under that of davit filed by Sheldon to this office. If Commissioner Williamson in the case of the allegations set forth were deemed "Kaweah Limestone Ledge," (Copp's sufficient to warrant such a course this Mineral Decisions 297), that land chiefly office would in the exercise of the au- valuable for limestone is not subject to thority vested in it have ordered an in- entry under the mining laws, and therevestigation of the matters alleged. You fore adjudges the tract in question to be have decided that the pre-emptor's proof agricultural, notwithstanding the ruling is satisfactory and therefore will allow of Commissioner Burdett, in the case of his entry as of its date, and transmit Rolfe (Copp, August, 1875), that where the same to this office with your current returns. When the case is reached for examination in regular order, it will be considered in connection with the affidavit of Sheldon and such action taken as may seem necessary. MINES AND MINERALS. MAXWELL VS. BRIERLY. Limestone.-Land more valuable for its deposits of limestone than for agriculture is mineral land, and subject to sale under the mineral laws. Minerals.-List of substances that may render lands mineral in character. SECRETARY TELLER to Commissioner McFarland, April 16, 1883. I have considered the case of J. A. Maxwell vs. John Brierly, involving the S. E. of N. W. of Sec. 36, Tp. 1, R. 71, Central City, Colorado, on appeal by Maxwell from your decision of August 16, 1880, adjudging it to be agricultural in character. It appears that the tract was returned as mineral by the Surveyor General, and was withdrawn as such by your letter of Second. That the said Pine Tree Lode was not located on a valuable deposit of mineral as prescribed by section 2320 of the Rev. Stats., the location thereof having been made as a mill-site or surface claim for the purpose of working another vein. Third. That the location embraced surland was more valuable on account of face ground in excess of three hundred limestone than for purposes of agriculture, feet from the centre of the vein at the it may be patented under these laws. surface, contrary to the provisions of said Your decision was also prior to that of section. my predecessor, who held, October 8, Fourth. That the vein departs from 1881, in the case of Hooper (Copp, No- the side lines of the location, so that the vember, 1881), in accordance with your applicant's right to the vein on its strike circular instructions of July 15, 1873, that and to the surface, ceases at the point of whatever is recognized as a mineral by departure. standard authorities, and is found in such quantity and quality as to render the land more valuable on this account than for agriculture, was a valuable mineral deposit" within the purview of the act of May 10, 1872, and hence that gypsum and limestone so found subjected the tract to the operation of the mining laws, as has been held under other rulings, with re-filed, to wit.: spect to asphaltum, borax, auriferous cement, fire clay, kaolin, mica, marble, petroleum, slate, and other substances, under like conditions. Concurring in these views, I am of the opinion that the tract in question is, under the testimony, more valuable for its limestone than for agricultural purposes, and hence is subject to entry under the mineral laws. I reverse your decision. Fifth. That there has been no discovery of the vein or lode within the limits of the claim located, as required by said section and the mining laws of said Territory, which fact is alleged to be shown by the record. It further appears that during the period of publication three adverse claims were August 8th, the "Fraction No. 2 lode," by John Langan et al. August 11th, the "Monarch of the North Lode" by Warren DeCamp et al., and August 13th, the "Oak Grove Lode," by J. H. Jurgens et al. The parties to the Monarch of the North are those who filed the said protest, and on the 17th of August they instituted proceedings in the 3d Judicial District |