José D. Molina, H. F. Pitts, and William Mulin. The lands claimed are described as follows: "Situated in the county of Mariposa, State of California, and inclosed within the following limits: Beginning one mile and a half northeast of the Aurora Silver mine, at a stake marked A, No. 1; thence south 200 yards, to a stake marked B, No. 2; thence west 300 yards, across an arroyo to a tree marked C, No. 3; thence north 210 yards, to a stake marked D, No. 4; thence east 300 yards, across the above-mentioned arroyo to the point of beginning." This would give an area of 12.38 acres. The interest of all these parties has been duly conveyed to the New Idria Mining Company.

The San Carlos mine was located November 22, 1854, by H. F. Pitts, P. Collins, T. Smith, James Preffo, T. M. Murales, R. B. Hampton, D. W. Gomez, John Young, A. Pollard, and H. G. Balenger. The lands claimed are described as follows: "Situated in the county of Mariposa, and State of California, and inclosed within the following limits: Beginning two miles south of the Aurora Silver mine, at a stake marked X; thence east to a stake marked B, 230 yards; thence southeast 500 yards, to a stake marked D; thence southwest 230 yards, to the point of beginning.' This would give an area of 28.76 acres. These parties have conveyed to the New Idria Mining Company.

The New Idria mine was located December 13, 1854, by H. F. Pitts, P. Collins, and H. G. Balenger. In their declaration of location they say that "they claim by right of discovery, as well as by right of possession, for a long time past, the quicksilver mine which, as subdivided, is known as the New Idria,' 'Molina,' and 'San Carlos,' quicksilver mines, being bounded as follows: Beginning on the southeastern slope of Mount Carlos, county aforesaid, at a stake and stones erected there for a boundary, and marked as per subjoined plat of survey, No. 1; thence running N. 5° E. 15 chains to a stake and stones, No. 2; thence at right angles N. 45° W. 220 chains to a stake and stones, No. 3; thence at right angles S. 45° W. 30 chains to a stake and stones, No. 4; thence at right angles S. 45° E. 220 chains to a stake and stones, No. 5; thence at right angles N. 45° E. 15 chains, to the place of beginning." This would give an area of 660 acres. These parties have conveved to the New Idria Mining Company.

Granting that associations may assign, and that the assignee may hold to the same extent that the several assignors might, and this company would now be entitled to hold not exceeding 9000 feet in length. Neither the Molina nor the San Carlos ever located on or claimed 160 acres. The Molina's location only covered a tract 200 by 300 yards, and amounting to a little over twelve acres; and the San

Carlos, a strip 230 by 500 yards, and amounting to a little over twenty-eight acres.

The New Idria claimed to locate a large tract of some 660 acres, covering both of the other companies. It does not appear that either the Molina or San Carlos ever claimed or took any steps toward securing any more land than they actually located.

The New Idria now claim 480 acres, being 160 acres for each of the three associations that have assigned to them. In view of the express terms of the statute, I do not see how they can make good any such claim. Congress certainly did not intend to provide that all new claims originating after the passage of the act should be limited to the 3000 feet for each association, but that all claims originating before its passage should be entitled to 160 acres for each association. That would be offering a reward to those who had become trespassers, and were liable to prosecution, and discrimiuating in their favor as against those who had in all respects complied with the law.

This case has been pending many years, and has been represented by eminent counsel, and it is safe to say has been presented as favorably for the company as the facts will allow.

I must advise adversely to the issuing of a patent as claimed.

Very respectfully,

W. H. SMITH, Assistant Attorney-general.

Hon. C. DELANO, Secretary of Interior.

Local District Laws, in absence of State or Territorial Enactments, govern Locations.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., Aug. 25, 1871.

E. J. Masters, Esq., Columbia, Cal.:

SIR In reply to your communication of the 14th inst. I have to state, that the acts of Congress limit the right to apply for and receive patents for mining claims to those who have occupied and improved their claims in accordance with the local laws, customs and rules of miners.

In the absence of any State or Territorial enactment regulating the occupancy and possession of mining claims, miners may alter or amend the laws of the district, but this action will not affect claims already located, as a claim must conform to the laws in force at the date of its location.

Should the miners deem it advisable to amend their district laws, they may re-locate their claims under and conformably to such amended laws, and upon complying with

the acts of Congress and the instructions of this office, may enter and receive patents for the same.

Very respectfully,

WILLIS DRUMMOND, Commissioner.

Cinnabar and Copper Deposits cannot be entered as

Placers.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., Aug. 26, 1871. J. E. Morgan, Esq., Clayton, Cal.:

SIR: * * * As copper and cinnabar are found in "rock in place," rather than in the form of placers, it is held by this office that parties desiring to obtain patents for lands valuable on account of the deposits of cinnabar or copper, must enter the same under the act of July 26, 1866. Very respectfully,

Your obedient servant,

WILLIS DRUMMOND, Commissioner.

Disproving Mineral Character of Land for the Benefit of

Railroads.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., Oct. 21, 1871. Register and Receiver, Sacramento, Cal.:

GENTLEMEN : * * * The tenth section of said act provides, "That wherever, prior to the passage of this act, upon the lands heretofore designated as mineral lands which have been excluded from survey and sale, there have been homesteads made by citizens of the United States, or those who have declared their intention to become citizens, which homesteads have been made, improved and used for agricultural purposes, and upon which there have been no valuable mines of gold, silver, cinnabar or copper discovered, and which are properly agricultural lands, the said settlers or owners of such homesteads shall have a right of pre-emption thereto, and shall be entitled to purchase the same at the price of one dollar and twenty-five cents per acre, and in quantity not to exceed one hundred and sixty acres, or said parties may avail themselves of the provisions of the act of Congress approved May twenty, eighteen hundred and sixty-two, entitled "An Act to secure homesteads to actual settlers on the public domain, and acts amendatory thereof."

From the foregoing it is probable that the right to enter lands as agricultural, which as mineral lands were previously

excluded from survey and sale, is confined entirely to actual settlers, coming within the requirements of the pre-emption laws, who, upon making competent proof that the tracts actually settled upon, occupied and improved by them as homesteads contain no known mines of gold, silver, cinnabar or copper, are entitled to the execution in their favor of the pre-emption or homestead laws.

The case under consideration is an attempt to prove the agricultural character of a certain tract previously reserved as mineral land, to the end that it might enure to the Central Pacific Railroad Company, and not by a party coming within the purview of the section of law above quoted, and even if the proof were satisfactory, the whole proceeding fails for want of legal sanction to support it. But the proof is not sufficient to overcome the mineral affidavits and establish the agricultural character of the land.

You are, therefore, directed to treat the land as mineral in character, the same as if these proceedings had not been had, notifying all parties in interest accordingly, and allowing sixty days from date hereof in which to take an appeal, if desired.

Acknowledge receipt and report your action.

Very respectfully, etc.,

WILLIS DRUMMOND, Commissioner.

Case of the Salt Lake Mining Company's Application for Patent for the Flagstaff Mine, Salt Lake County, Utah.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, WASHINGTON, D. C., Nov. 10. 1871. Register and Receiver, Salt Lake City, Utah Territory:

GENTLEMEN : With the Register's letter of nineteenth September last, this office received certain papers appertaining to the Salt Lake Mining Company's application for a patent for twenty-six hundred feet of the linear extent of the Flagstaff lode, with adjoining surface ground, one hundred feet in width, situated in Little Cottonwood mining district, Salt Lake County, Utah, from which it appears as follows, to wit:

That on the fourth day of June, 1870, said company filed in the Register's office a "diagram of the Flagstaff lode, and the mining premises appertaining thereto, situated in Little Cottonwood mining district, County of Salt Lake, and Territory of Utah, to which is attached the following notice, viz:

"Notice is hereby given, that the Salt Lake Mining Company, a corporation duly incorporated under the laws of

the Territory of Utah, claims twenty-six hundred (2,600) feet in length, by one hundred (100) feet in width, on the Flagstaff lode (being a silver-bearing vein of rock in place), and the land and premises appertaining to said mine, all situated in the mining district, county and territory aforesaid; the location and extent thereof being more fully described as follows, to wit: The discovery shaft of said lode, being distant north 47° 15', west twenty-two hundred and eighty-one (2,281) feet from United States monument Number 4. Said lode has an average width, as at present developed, of about twenty-two (22) feet, and extends from discovery shaft south 36°, west twelve hundred (1,200) feet, and north 36°, east fourteen hundred (1,400), containing rich lands appurtenant for mining and milling purposes, eight and seven hundred and twenty-one thousandths (82) acres, as set forth in the foregoing diagram; and we do hereby give further notice, that having occupied and improved the said lode and premises, according to the local customs and rules of miners in said mining district, and having expended in actual labor and improvements thereon an amount not less than one thousand dollars, and having at this time actual peaceable possession of said mining property, we will apply for a survey and plat of said premises, and a patent for the same under the act of Congress, entitled "An Act granting the right of way to ditch and canal owners over the public lands, and for other purposes," approved July 26, 1866. Witness our hand this twenty-fourth day of May, 1870.”

"JOHN A. GROESBECK,

On the fourth day of June, 1870, the following publication was made in the Deseret News, a newspaper published at Salt Lake City, Utah, and continued to be so published until the fourth September, 1870, inclusive, as appears from the affidavit of Wm. H. Parker, the following being a copy of said publication in words and figures :

"LEGAL NOTICE.

UNITED STATES LAND OFFICE,

SALT LAKE CITY, UTAH, June 4th, 1870. "Notice is hereby given, that the Salt Lake Mining Company, a corporation duly incorporated under the laws of the Territory of Utah, claims 2,600 feet in length by 100