Page images
PDF
EPUB

87. To avail themselves of this provision of law, parties holding the possessory right to a vein or lode, and to a piece of land not contiguous thereto, for mining or milling purposes, not exceeding the quantity allowed for such purposes by the local rules,

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 within such county, then in a newspaper published in an adjoining county, the newspaper in either case to be desig. nated by the register, which notice must be clear and specific, embracing the points required in notices under instructions from this office of March regulations or customs, the proprietors 20, 1872, and must name a day after the last day of publication of said notice, when testimony as to the character of the land will be taken, stating before what magistrate or other officer such hearing will be had, and the place of such hearing.

MILL SITES.

of such vein or lode may file in the proper Land Office their application for a patent, under oath, in manner already set forth herein, which application, together with the plat and field notes, may include, embrace and describe 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 same as one claim.

86. The fifteenth section of said act 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 em

The 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.

[blocks in formation]

may consist, in the case of an individual claimant, of his own affidavit of the fact; in the case as an association of persons not incorporated, of the affidavit of their authorized agent, made on his own knowledge or upon information and belief that the several members of such association are citizens; and in the case of an incorporated company, organized under the laws of the United States, or the laws of any State or Territory of the United States, by the filing of a certified copy of their charter or certificate of

90. In every case there must be satisfactory proof that the land claimed as a mill site is not mineral in character, 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 statutes of Congress, dated respectively July 26, 1866, and July 9, 1870, are Sections one, two, hereto attached.

91. The law expressly limits mill site locations made from and after its passage to five acres, but whether so much as that can be located depends upon the 'local customs, rules or reg-ing expressly repealed by the ninth

ulations.

92. The registers and receivers will preserve an unbroken consecutive series of numbers for all mineral entries.

PROOF OF CITIZENSHIP OF MINING
CLAIMANTS.

93. The proof necessary to establish the citizenship of applicants for mining patents, whether under the present or past enactments, it will be seen by reference to the seventh sec

three, four and six, of the former, be

section of the act of May 10, 1872, aforesaid, which in its sixteenth seetion also repeals all acts and parts of acts inconsistent with its provisions.

96. The foregoing will be followed in due time by such further instructions as actual experience in the administration of the statute may render Lecessary.

Very respectfully,

Your obedient servant,
WILLIS DRUMMOND,

Commissioner.

Ho, for the San Juan Mines-the Kansas Pacific Railway is the only reliable route.

IMPORTANT MINING DECISION.

83

IMPORTANT MINING DECISION.

At the last term of the District Court of Boulder county an ejectment suit came on to be heard. The owner of the American mine had applied for a patent. The owner of the Bull of the Woods, which was a cross-lode, filed an adverse. On the trial, Judge Belford claimed that when two lodes crossed each other, all that the prior locator could take was the ore at the point of intersection of the two veins, and not all the vein which was found inside of the side lines of the location. The court refused to adopt this view. A short time since Judge Belford addressed a note to the Commissioner of the General Land Office, asking for a construction of section 14 of the Mining Act of 1872, and has received the following reply, which is in accordance with the construction which he asked the court to give:

DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, WASHINGTON, D. C., Feb. 25, 1876. James B. Belford, Esq., Central City, Col. :

pose of the convenient working of the said mine."

The construction which has been given to this part of the law is that a party has a right to a patent for the number of feet along his lode or vein to which he has the local title, upon fuil compliance with the law and instructions; provided, however, that where another lode crosses, the ore at the space of intersection of the two lodes belongs to the party who owns the prior location of the two.

The law clearly refers to cross-lodes, and provides that the ore at the crossing of the two lodes shall belong to the first valid location, and hence where a patent issues for a mining claim which crosses one already patented, the surface ground in conflict is excepted from the second patent, but the subsequent patentee has the right under his patent to his lode for the distance patented, with the proviso hereinbefore referred to, viz: that the ore at the space of intersection of the cross-lodes shall belong to the prior location.

Very respectfully, your obedient servant,
L. K. LIPPINCott,

Acting Commissioner.

SIR-Referring to your letter of the 15th inst., I have to state that the 14th section of the Mining Act of May 10, 1872, provides "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 through said space of intersection for the

pur

Railway.

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

Kansas Pacific Railway Company

Junction City & Ft. Kearney Railroad,

Arkansas Valley Railway,

Denver Pacific Railway,

Denver and Boulder Valley Railroad,

GENERAL FREIGHT OFFICE,

Kansas City Mo., June 15th, 1876.

CIRCULAR.

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.

route.

[blocks in formation]

VETA....

262 218 190 152 141 218 218 00163 00 272 00

T. F. OAKES,

68

General Freight Agent,

FROM

KANSAS CITY

(OR LEAVENWORTH)

ΤΟ

Junction City & Ft. Kearney Railroad,

Arkansas Valley Railway,

Denver Pacific Railway,

Denver & Boulder Valley Railroad.

GENERAL FREIGHT OFFICE,

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

CIRCULAR.

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:

[blocks in formation]

EL MORO......

267 223 194 | 156 | 144 | 223 223 00167 00 278 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.

T. F. OAKES,

General Freight Agent.

CLASS B.

HORSE and MULE SHOES, IRON,
NAILS, STOVES, O. R., FENCE WIRE

LUMBER, LATH, DOORS, SASH and BLINDS.

Is Cents per 100 lbs. per Car Load.

« PreviousContinue »