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of largest circulation published in the for his mill site as provided in this county in which said land is situated ; section. or, if no newspaper is published with- 87. To avail themselves of this in such county, then in a newspaper provision of law, parties holding the published in an adjoining county, the possessory right to a vein or lode, and newspaper in either case to be desig. to a piece of land not contiguous nated by the register, which notice thereto, for mining or milling purposmust be clear and specific, embracing es, not exceeding the quantity allowed the points required in notices under for such purposes by the local rules, instructions from this office of March regulations or customs, the proprietors 20, 1872, and must name a day after of such vein or lode may file in the the last day of publication of said no- proper Land Office their application tice, when testimony as to the charac- for a patent, under oath, in manner ter of the land will be taken, stating wlready set forth herein, which applibefore what magistrate or other officer cation, together with the plat and field such hearing will be had, and the notes, may include, embrace and deplace of such hearing.

scribe in addition to the vein or lode, such non-contiguous mill site, and after due proceedings as to notice, etc.,

a patent will be issued conveying the 86. The fifteenth section of said act same as one claim. provides, “That where non-mineral 88. In making the survey in a case land, not contiguous to the vein or of this kind, the lode claim should be lode, is used or occupied by the pro- described in the plat and field notes, as prietor of such vein or lode, for min “Lot No. 37, A,” and the mill site as ing or milling purposes, such non-ad- “ Lot No. 37, B,” or whatever may be jacent surface ground may be embraced its appropriate numerical designation ; and included in an application for a the course and distance from a corner patent for such vein or lode, and the of the mill site to a corner of the lode same may be patented therewith, sub- claim to be invariably given in such ject to the same preliminary require plat and field notes, and a copy of the ments as to survey and notice as are plat and notice of application for applicable under this act to veins or patent must be conspicuously posted lodes; Provided, That no location upon the mill site as well as upon the hereafter made of such non-adjacent vein or lode for the statutory period land shall exceed five acres, and pay- of sixty days. In making the entry, ment for the same must be made at the no separate receipt or certificate need same rate as fixed by this act for the be issued for the mill site, but the superficies of the lode. The owner of whole area of both lode and mill site the quartz mill or reduction works, will be embraced in one entry, the not owning a mine in connection price being five dollars for each acre therewith, may also receive a patent and fractional part of an acre emThe Officers and Conductors on the Kansas Pacific Railway are always ready

to give any information required. 6

braced by such lode and mill site tion of the act under consideration, claim.

may consist, in the case of an individ89. In case the owner of a quartz ual claimant, of his own affidavit of mill or reduction works is not the the fact; in the case as an association owner or claimant of a vein or lode, of persons not incorporated, of the the law permits him to make applica- affidavit of their authorized agent, tion therefor in the same manner pre-made on his own knowledge or upon scribed herein for mining claims, and information and belief that the severafter due notice and proceedings, in al members of such association are the absence of a valid adverse filing, citizens; and in the case of an incorto enter and receive a patent for the porated company, organized under the mill site at said price per acre.

laws of the United States, or the laws 90. In every case there must be of any State or Territory of the Unisatisfactory proof that the

the land ted States, by the filing of a certified claimed as a mill site is not mineralin copy of their charter or certificate of eharacter, which proof may, where incorporation. the matter is unquestioned, consist of

94. These affidavits of citizenship the sworn statement of the claimant, may be taken before the register or supported by that of one or more dis- receiver, or any other officer, authorinterested persons capable from ac- ized to administer oaths within the quaintance with the land to testify district. undestandingly.

95. Copies of the previous mining 91. The law expressly limits mill statutes of Congress, dated respectivesite locations made from and after its ly July 26, 1866, and July 9, 1870, are

hereto attached.

Sections one, two, passage to five acres, but whether so much as that can be located depends three, four and six, of the former, beupon the 'local customs, rules or reg- ing expressly repealed by the ninth ulations.

section of the act of May 10, 1872, 92. The registers and receivers will aforesaid, which in its sixteenth seepreserve unbroken consecutive tion also repeals all acts and parts of series of numbers for all mineral en- acts inconsistent with its provisions. tries.

96. The foregoing will be followed in due time by such further instructions as actual experience in the ad

ministration of the statute may ren93. The proof necessary to estab- der necessary. lish the citizenship of applicants for Very respectfully, mining patents, whether under the

Your obedient servant, present or past enactments, it will be

WILLIS DRUMMOND, seen by reference to the seventh sec





Ho, for the San Juan Mines-the Kansas Pacific Railway is the only reli

able route.




At the last term of the District Court of pose of the convenient working of the said Boulder county an ejectment suit came on to mine." be heard. The owner of the American mine The construction which has been given to had applied for a patent. The owner of the this part of the law is that a party has a right Bull of the Woods, which was a cross-lode, to a patent for the number of feet along his filed an adverse. On the trial, Judge Belford lode or vein to which he has the local title, claimed that when two lodes crossed each upon fuil compliance with the law and inother, all that the prior locator could take síructions; provided, however, that where anwas the ore at the point of intersection of the other lode crosses, the ore at the space of intertwo veins, and not all the vein which was section of the two lodes belongs to the party who found inside of the side lines of the location. owns the prior location of the two. The court refused to adopt this view. A short The law clearly refers to cross-lodes, and time since Judge Belford addressed a note to provides that the ore at the crossing of the two the Commissioner of the General Land Office, lodes shall belong to the first valid location, asking for a construction of section 14 of the and hence where a patent issues for a mining Mining Act of 1872, and has received the fol- claim which crosses one already patented, the lowing reply, which is in accordance with the surface ground in conflict is excepted from the construction which he asked the court to give: second patent, but the subsequent patentee bas

the right under his patent to his lode for the DEPARTMENT OF THE INTERIOR,

distance patented, with the proviso hereinbeGENERAL LAND OFFICE,

fore referred to, viz: that the ore at the space WASHINGTON, D. C., Feb. 25, 1876.

of intersection of the cross-lodes shall belong James B. Belford, Esq., Central City, Col.: to the prior location.

SIR :--Referring to your letter of the 15th Very respectfully, your obedient servant, inst., I have to state that the 14th section of

L. K. LIPPINCOTT, the Mining Act of May 10, 1872, provides

Acting Commissioner. "that where two or more veins cross or intersect each other, priority of title shall govern, PATRONIZE the railroad line most and each prior location shall be entitled to all likely to afford you a broad gauge ore or mineral contained within the space of intersection : Provided, however, that the sub- connection with other parts of the sequent location shall have the right of way country — the great Kansas Pacific tlarough said space of intersection for the



The Kansas Pacific Railway is the Pioneer Road of the West.

Junction City & Ft. Kearney Railroad,
Arkansas Valley Railway,
Denver Pacific Railway,

Denver and Boulder Valley Railroad,


Kansas City Mo., June 15th, 1876.


Official notice has been received from the Denver and Rio Grande Railway, (narrow gauge) of the opening of its line to a point twenty-three miles southwest from Cucharas, in the general direction of Fort Garland and Del Norte, being ninety-two miles from the latter place. This point is called VETA, and it is the nearest railroad station accessible to the San Juan country, and shippers to Del Norte, Ouray, Saguache, Silverton, Lake, and other points, will save sixty miles in wagon transportation and ten days time by shipping to this point.

All goods should be marked and consigned as follows:

“VETA COLORADO, via K. P. R’y and Kansas City, (or Leavenworth.)”

This will insure shippers quick dispatch by the “Kansas Pacific Fast Freight train," running from the Missouri River to Denver in sixty hours, making close connection with the through freight train of the Denver and Rio Grande road, and reaching Veta in advance of freight by any other


The annexed rates are established subject to the Revised Western Classification in force out of Chicago and St. Louis.

MERCHANDISE.--In Cents per 100 Lbs.

Cents per in Dollars per Car Load.




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Horse and Mule

Shoes, Iron,
Nails, Stoves,o.r

Fence Wire.
Lumber, Lath, Doors,

Sash and Biinds.
In Cis. per 100 Puunda.

Per Car Load.

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Junction City & Ft. Kearney Railroad,
Arkansas Valley Railway,
Denver Pacific Railway,

Denver & Boulder Valley Railroad.



Kansas City, Mo., June 16th, 1876,

. The following Commission and Forwarding Merchants are now fully established at EL MORO, Colorado, the present southern terminus of the Denver and Rio Grande Railway, and as will appear by the annexed tariff, a considerable reduction in rates of freight has been made. This, in connection with a saving in wagon transportation of some eighty miles, the excellent facilities provided by the commission houses referred to, and the well-known desire of New Mexico and Arizona merchants to encourage the advance of railroads in the direction of their country, justifies the belief that. El Moro will soon become the favorite shipping point for their freight.

The Commission Houses are Chick, Browne & Co., and Bartels Bros,

The annexed rates are established subject to the Revised Western Classification:

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EL MORO.....

267 223 194 | 156 | 144 | 223 223 00 167 001278 00 70

A Fast Freight Train is now run daily by the Kansas Pacific from Kansas City and Leavenworth to Denver in sixty hours, where close connection is made with the Denver and Rio Grande line, making this the quickest freight route to El Moro and all points south.

For further advice as to rates or other information, address G. D. Roor, Agent, El Moro; D. C. DODGE, General Freight Agent Denver and Rio Grande Railway, or the undersigned.


General Freight Agent.

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