Carson daily appeal. [volume], April 10, 1873, Image 2

About Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877

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ihf Carson gailg Appeal
CAKSOX ci rY t
ThrJr, April lO. 19.
There is an old story aboat a man
who had been shipwrecked and cast
open the shore of Xew Jersey, who,
upon his reaching dry-Ian J, was im
mediately collared by a minion of
the Camden and Aniboy Railroad and
ordered to produce a ticket entitling
him to travel on that highway, and
who, upon confessing to be without
nch ticket was at once unceremoni
ously chucked overboard and told to
"Swim on." What was done the
other day, in Boston, upon the ar
rival there of the people who wera
shipwrecked on the Atlantic some
how reminds ns of that Jersey story.
The said rescued persons were nobly
provided for by the Bestonians;
which fact should entitle them to im
munity from criticism, perhaps but
one can't help observing the repeti
tion of the irrepressible Bo9tonian
propensity to impress the wonders of
the Hob upon the mind of the visit
or whether the stranger le a lion
hunter from the potato patches of
the Aroostook or a kelp covered mar
iner dripping from the iahnspiiaWe
waves cf the iron bonnd coast f
Nova Scotia. The dispatches tell ns
that the aforesaid rescued persons,
after having ls?n forra'ed aud talked
to in Faneuil Htll and humaufly
clothed and uiaiie comfortable wero
marchvd through the burnt district,
escorted by a squad of the police.
This is just the least bit preposter
ous as if the shore people were n't
willing that the shipwrecked people
should have it to say that themselves
haU monopolised all the perils of life
as if the sight exhibiters ol the
Hub weren't willing to concede that
Boston could be outdone even by the
raging tempests of the ocean. And
then tha eagerness with which the
Boston relic-hunters went for that
lad's antosrraph is characteristic of
tho place. But they stuffed the
boy's pockets with liberal pellets of
stamps, thus showing that their curi
osity had n't overcome their gener
ous impulses. They are a peculiar
people, these Baston Yankees ; but
their ways and notions are avast im
provement on tho Deviltries of Cas
tle Garden and theshacghaing of the
Burbary Coast.
The Sez Perces Indians are stub
bornly opposed to accepting the
Govern mtnt'a proposition to have
them go on a reservation. They al
so refuse to have the valley where
they now live set apart as a reserva
tion and swear that the whites shan't
share their Talley with them. As a
question of owner hip and natural
rights who can deny the perfect jrw
tice of their conclusion? What
white settlers are willing to share
their lands with the Indians ?
Tremendous floods are reported as
occurring on the rivers of New York;
and several lives were lost on Tues
day by the falling in of a brick wall
at Rochester and the drowning of
several persons who had congre
gated there to witness the flood.
Oue lad was carried over the the
Genessee Falls and drowned. Great
excitement prevails in that city.
Brioham Yocxo has resigned his
position as Trnstce in Trust of the
Mormon Church. He expresses a
desire to retire from the more active
dnties of his postion. It is thought
that he and a colony of his followers
will go to to Arizona. We don't be
lieve be will do anything of the sort.
The Trustees of the Crown Point
mine have declared a S5 dividend
which same aggregates not less than
$500,000 in the hard mineral. It's a
pity the way the Comstock mines are
giving out 1
Train is to be tried by jury on
the charge which now lies against
him of insanity. He will probably
talk a reluctant opinion into the
aid triers that be is crazy.
IMPORTANT TO CLAIM OWNERS
OX TIE COMSTOCK LODE.
Satrs va. the Mine Owwn.
The following important decisions rel
ative to the application of certain par-
' ties for patents to mining lands on the
! Comstock Iinle b ive been handed into
this cSice foi publication by Judge
Waitz, Register of the Carson Land
Office:
Depabtmkkt or thk Intebiok, )
Gbxekai. Lxd Offics,
Washington. D. C, March 24. 1873. 1
Reijister wid Kecit-ar, Carson City, Act?..-
Gentlemen : The papers in the case of
the application of the Gold Hill Tunnel
Gold and Silver Mining Company, for
patent for the Gonld aud Conde Lode,
situate in Gold Hill Mining District.
Nevada, have been examined.
On the 2d of April, 18W, said com
pany filed in your office nil application
for patent for four thousand feet of the
Cloul J and Conde Lode.
In the published notice, and in the
notices aud diagrams posted upon the
claim and in the office of the Register,
said premises are described as follows,
viz : '" Commencing at a stake set at the
month of the company's tunnel.
Thence following the line of the
tunnel cfirst course) X. 5 W. !HG feet,
to a point 94 feet south of the company's
shaft : thence (second coarse) N. 17" 30'
i'E., 3.054 feet, following the supposed
' line of the lode at the tunnel level.
: Xo surface ground is claimed
I along the line of the lode," etc.
j The second section of the Act of July
; 25, 1H, provides far the issuing of pat
ients for mining claims npon veins or
I lodes of quartz or other rock in place
hearing gold, si'v. r, cinnabar or copper,
'. upon compliance with certain require
' nifiits, by th claimant of such mine.
! Oue of the requirements therein speei
; fied, is that the prrsou or association
', of persons, desiring a patent for a mine
' shall " ti'.e in th." l'h-il laud olliee a
' gram of tiie iani-, so extended lntterly
! or otherwisi', as t ) c:',f-rin to the !jc1
laws, customs a:ir; r.;!a of miners."
j I:j tti.r case r;i-ti- consider.'. lion thU
; rei!i:riii-.-nt A tlie i-;xv was not eonjiiiied
wilh, as said applicant did not tile a dia
gram "so extended laterally or other
wise, as to conform to the local laws,
castoms and rules of miners." On the
contrary, the diagram shows and the ap
' plication states that "no surface ground
is claimed along the line of the lode."
When parties desire to secure patents
! for mining claims they must show that
the premises lor winch tney desire to
secure pntents have been properly lo
cated, in accordance with the local laws
and customs, and in the published no
tice, ana in the diagrams and notices,
such and only such premises should be
described as have been properly located.
The application for patent, the pub
lished notice aud the notices aud dia
grams in the case under consideration,
are irregubtr and not in accordance with
the provisions of the Mining Act of lfsGG,
and said application is accordingly re
jected. You will inform said company of this
drcision, aud allow sixty davs from the
date of your notification iu which an ap
peal may be taken to the lion. Secretary
of the Interior.
I5e pleased to acknowledge the receipt
hereof. Very resjiectfully, your obedient
servant. Wiixis Dkcmmoxd,
Com missioner.
Department op the Iotebiob,
ITEBZOB, 1
'FICS
i 2'J, 1873. J
General. Land Offics
Washington, D. C, March
Eeaiiter and Recticer, Carson City, Ace. :
Gentlemen : This office has examined
the papers filed in case of the applica
tion of Thomas Lyons for patent for the
McEibben lode, situate in Virginia Min
ing District, Storey County, Nevada.
It appears that a large portion of the
claim in question (Survey No. 67, T. 17
N., R. 21 E.. Mt. D. B. & M.) is within
two thousand feet of the proposed hue
of the Sutro Tunnel, and hence affected
hv the provisions of the Act approved
July 25, 1SC6, entitled " an Act granting
to A. Sutro the right of way, and grant
ing other privileges to aid in the con
struction of a draining and exploring
tunnel to the Comstock Lode in the State
of Nevada."
The second section of said Act pro
vides that " the said A. Sutro, his heirs
and assigns, are hereby granted the right
to purchase at live dollars per acre, such
miuend veins and lodes, within two
thousand feet on each side of said tunnel
as shall 1 cut, discovered, or developed
by running and constructing the same
through its entire extent.
Provided that the Comstock lode, with
its dips, spurs aud angles, is excepted
from this grant, aud all other lodes, with
their dips, spurs and angles, located
within the said two thousand feet, and
which are or may be, at the p.assage of
this Act, in the actual bona fide posses
sion of other persons are hereby except
ed from such grant, And the lodes here
in excepted other than the Comstock
lode, shall be withheld from sale by the
United States, and if such lodes shall be
abandoned or not worked, possessed and
held in conformity to existing minim;
rules, or such regulations as have been
or may be prescribed by the Legislature
of Nevada, they shall become subject to
such right of purchase by the grantee his
heirs or assigns."
That portion of Mr. Lyon's claim
which lies within said two thousand feet
limits cauu' t be patented, the same be
ing on a lode other than the Comstock.
It is observed that the published no
tice and the notices and diagrams posted
in the Register's office and upon the
claim fail to properly describe the prem
ises for which patent is sought. The
description therein being as follows, viz:
" Commencing at Post No. 1,
thence running X. 73 degrees . 1,235
feet to Post No. 2. and S. 73 degrees W.
1C5 feet to Post No. 3," arc
This description is not sufficient, as
you were informed on the 24th instant,
in case of the application of the Gold
Hill Tunnel Company for patent for the
Gould and Conde lode, aud no patent
could issue upon the application of said
Lyons, even though it had been outside
the limits of withdrawal for the Sutro
tunnel hereinbefore referred to.
You will inform the applicant there
fore that no patent can issue for that
portion of the premises described in his
application foi patent which lies within
the limits of withdrawal for the Sutro
tunnel, and that his application for pat
ent for the portion which lies outside of
such withdrawal is rejected for the rea
sons set forth in full in my letter of the
24th instant in case of the Gold Hill
Tunnel Company's claim.
You will allow sixty days from the date
of your notification in which an appeal
may be taken to the head of the Depart
ment, and acknowledge the receipt
hereof. Very respectfully, your obedi-.
eut servant, Willis Drummoxd,
Commissioner.
1kpabtjsest of the interior, j
Gknkkai. Land Office.
Washington. 1. C, March 31, 1873.
lirghd.tr ami Reeticrr, Carson City, Xev.:
Gentlemen : Upon examination of sev
eral mining cases which have recently
been forwarded from your office, it is ob
served that the instructions contained in
a letter from the office to the Register
and Receiver at Carson City, dated July
2t, 1870. have been disregarded in the
matter of allowing entries for claims ou
other than the Comstock lode, which are
situate within the limits of withdrawal
for the Si.tro tunnel.
I therefore enclose a copy of said let
ter, and you are requested to give the
same careful attention, and be governed
by the instructions therein contniueel in
nil future eases. Very respectfully your
obedient servant, Willis DnrnHosii.
Commissioner.
DKPAI.mKNT OF TUS LiTEBIOS
Uenzlal Land Opfu-e,
Washington. 1. C . Jnly 2 ', 1b7. )
Ee;ister and lieitii-er, Carson City, Set::
Gentlemen : This office having been
called upon for construction of the Act
of Congress, approved July 2o, 1800,
j " granting to A. Sutro the right of way
and granting other privileges to aid iu
the construction cf a draining anil t x
I ploring tunnel to the Comstock lode, in
jthe State of Nevada," the Commission
I er's opinion as to the effect of said stat
! ute, was, on the 25th cf February, lG'J,
. in a letter to Mr. Sutro expressed as foi-:
! lows, to-wit :
First The right to purchase mineral
veins or lodes, granted to A. Sutro, his
heirs aud assigns, by the second section
of the Act, is limited to 2,000 feet on
each side of the tunnel constructed from
the initial point at the hills near Carson
: River, to and beyomlthe Comstock lode,
j aud applies only to lodes other than th
i Comstock, within said limits, cut, dis
covered or developed by running and
constructing said tunnel, and not at tn
i passage of the Act in the actual bonajld?
; possession of other persons,
i Second Veins or lodes, other t':"n
the Comstock, lying within 2,000 feet on
! either side uf said tunnel at the passage
of the Act, in the actual bona tide pos
session of other persons, are to be with
held from sale by the United States, but
if after the construction of the tunnel, it
shall be found that some of the lodes so
withheld from sale are not cut by the
tunnel, the restriction as to sale will no
j longer be applied to them ; but all of
the lands wituin said 2,000 feet limits
will be reserved from sale nutil after the
construction of the tunnel, unless its
commencement and prosecution should
be procrastinated for such a length of
time as to imply its abandonment, or the
inability of the grantees under the Act
to accomplish the undertaking.
Third That all patents issued to
claimants of mines on the Constock lode
must contain the condition specified in
tue third section of this Act.
Fourth That the like condition is to
be inserted in patents issued for mines
on any o'her lode, drained, benefited or
develop-, d by ai I tuune'.
Fifth l u.it me ouly patentable lodes,
other than the Comstock, capable of be
ing drained, benefited or developed by
said tunnel, are such as may be thus af
fected by means of branches conueciitig
with the tunnel, and there beiug no pat
entable lodes within 2,000 feet of said
tunnel, aud that the oustruction of
such branches must be authorized by
the Act.
Sixth That the Act authorizes the
construction of branches only along the
Comstock lode and idoug any otht r lode
which may be discovered or developed
by said tunnel.
Seventh That the lo les here referred
to are what are called "blind lodes," the
existence of which it is expected will be
disclosed by the construction of the tuu
nel;audthat lodes "whichmay bediscov
ered or developed by the construction of
the tunnel," do not include lodes al
ready discovered, or which may here
after be discovered before its construc
tion, and that there is, consequently,
no authority granted by the Act f ir the
construction of branches along these,
and the condition specified in tbe third
section is not applicable to patents is
sued to their claimants.
Eighth And that, consequently, the
only mines or lodes in any way affected
by the Act of July 25, 1866, are :
First The mines on the Comstock
lode.
Second Those lying within 2,000 feet
of the proposed line of said tunnel.
Third Such new lodes as may be dis
covered or developed by the construc
tion of the tunnel, the existence of which
remaining cuknpwn.until Jhus brought
to light.
Ninth That the only patent subject
to the condition specified in the 3d sec
tion or that can become subject to it
prior to the construction or commence
ment of the tunnel, are those issued for
mines on the Comstock lode.
This decision, however, did not coin
cide with the views of Mr. Sutro, who
claimed that the condition as to the charg
es specified in said 31 section should
be inserted in all patents for mines in
Townships 1C and 17, N., K. 21 ., Ne
vada, and accord.nly appealed from said
decision to the Secretary of the Interior,
who, by a letter of date the 5th instant,
concurred in the opinion of the Commis
sioner as to the proper construction of
said Act of 25th July, 18C6.
This decision relieves from suspension
a number of applications for patent for
mines in those townships upon which
we had deferred action pending the re-1
suit of the examination of the case by !
the appellate authority, and where found
regular patents upon these will be among
the earliest issued.
Please acknowledge the receipt. Very
respectfully, your oliedient servant.
Jos. S. Wxlsox, Commissioner.
The opponents of the Kellogg gov
ernment in Louisiana are corrobo
rating all that Kellogg and his par
tisans have ever said against it by
just such doings as are related in the
following :
New Oeleass, April 8. At Franklin,
Louisiana, the office of the Attakapas
K'eij'uJer ( Kelii.gg's official journal for St.
Mary's parish) was entered last night
l.y unknown parties, who knocked the
type into pi nu lokc the press. The
Kelloiites installed the parish officers
yesterday, and last night the Court
llouse was entered and the records ab
si racted.
NEW TO-DAY.
FOR SALE!
FRUIT AND SHADE
T H. EES.
rTIHE I XDERSIG VKD HAS O.N BAND
,uu ivr Nir,
NEAR THE RAILROAD STATION,
IS CAKdOS CITS".
A Fine Lot of Fruit, Miado and Or
namental Trwi, Shrubbery,
AnJ the like, tni will furnish
LARGE-SIZED, FISSf-uLASS TREES
Of OooJ Variety.
At Sacramrutu Retail Prices t
i As he is prepared lo pruve. His stuck coiuprist-s
DWAKF PEAK TKhES, lATTi SIZE APPLE,
j PLUM, PtACll AND OiJi'.Y TUEE3,
; AL.SO, LOt 1ST A.Vi i .LAI TREES.
i The Trees liave good pwt and hsve hii
j handled carcfujly and well -;cn care .
; He has albOSuine kXCiilt IK
j Cherry, Curiast auti RlackXi-i i y
! Biishe,
! As well as Grace Vin-s. ''.. ' shes, . : the
like. The ituciiuii o ilie cn-ns of Carson
and vicinity is mvitt-d to this Mo, k of Trees,
never tx.-Tore equ-tlea id size, variety si.a qajiu
titv in this uiurkLt.
a"plu-w F. A. HEKiUrVG.
ANOTHER WANT SUPPLIED !
A PLACE FOUND WHERE THE CHOICEST
Family Groceries
ABE ALWAYS Tf BE HAD AT THE
LOWEST MARKET PRICES!
B. F. FOSTER
KEEPS AT THE
KING STREET STORE.
Corner ot King and Ormsby Streets,
CARSON CITY, NEV.,
The Choicast Chlcapo and Cali
fornia Hams and Breakfast
Bacon,
Eel River Pig Pork,
In 25 tb kegs, expressly for FAMILY I'SE.
Xo. I East Cod Asia,
No. I Snore HacUerel,
Dutrn Herrtnjr in Kegs,
Bastera Smoked Herring,
Bnglln Bloater tn Tins,
Potted Bloaters and Anchovies
Potted Meats Spiced.
An s lars sjworrmm of Forritro drlirscle and
t. lishes including Firkled Chestnuts. Miub-
r.xims. German Sardeiies. raw nn iojs im
East India Chu'twy. East India Piekl., English
Pickles assorted. Genuine Rifsi-m Caviar.
Double Refined French Olive Oil (the tx rt tnblt
oil in the msrket.l English Sauces assorted
Fresh California Pickles by tbe gallon or keg.
The best qualities of
Wines, Tea.
Liquor. Coffee
and and
Cigars, Sugar.
Extra Table Claret and Sherry
TIN WARE. WIRE WARE AND CROCKERY.
And a large Stock of mscellaneoai Articles too
numerous to mention.
7" If v Waeon will call at any place in town
that my be desired for orders every morning.
GOODS DELIVERED FREE OF CHARGE.
Fresh Roll Butter Received livery
WTeefc
pi-tf B. F. FOSTER.
BARGAINS! BARGAINS ! !
KOPPEL. & PL ATT.
Juruer Carson and Third unvote, oppe.il the
St. Charles Hotel.
CARSON CITY NEVAD4.
VirR HAVE. JIST HKfKIVEII A
If large suppl) of
SPRIN3 AND SUMMER GSQDS !
Our Stock consists f
MEN!, VOl'TH'S AND BOVN'
OIL O T 3ET IKTQ
OF
ALL THE LATEST STYLES
Furnishing Goods, Boots and Shoes,
Hats and Caps. Trunks and
Valises, Blankets.
And verythins pertainin to a FIRST-OLASB
CLOTHING and Fl'RNISHING GOODS STOKE
Call and see us. apl-tf
FOR
Ixt:xdixcto break itphocse
keepii'K for the Summer, I wUfc la st ll at
once for coin only, one fim-tontti.
o. 6 Bradbury Piano,
CoTPr and Stoo! in 14 months.
One flume Shuttle Sewing .V-trliiue.
NKAIII.Y XEW.
One Rcfrifrra tr and Watrr-f mlrr
C mbitifu nearly nru.
A ij iwvn.iT'f -inis collect it n tf V-u-hultl
traji u-M i: 'j.r!v rt w .
apl-tf J. V. UAMMt)Ni.
SEEDS! 1873. SEEDS!
JIST Kill lilVEB AT
WILLIS' DRUG STORE !
A larfirt and roiui'Me assonm Dt cf
Garden and Flower Seeds,
Warranted FreUi and Genuine.
SOLD AT THE LOWEST MilCES.
O. P. WIIXIS.
mh9-tf Corner Carson cud Kirg Strt-tU.
CLOT H I N G
FOR THE MILLION !
At Price which cannot to Cheapened
In San Francico or Chicago i
THE LATEST STYLES
AND OF
The Very Best of Cloth!
Dress Suits,
Business Suits,
Hunting Suits,
TJnciorclotliliig
Fine Shirts,
Flannel Shirts,
Linen & Paper Collars,
Hats, Caps,
Boots and Shoes,
Saratoga Trunks,
Va ises. Carpet Bags,
BLANKET STRAPS, FINE BLANKETS
And general assortment of eTerything to bt
found in a
COMPLETE FURNISHING STORE
JOE ROSENSTOCK,
Ctanlf Build in p. Carson City.
CHAS. W. FRIEND,
WATCHMAKER, JEWELER AND EN
GRAVER,
CARSON CITY NEVADA
nGALEB IN WATCH Kri.
atlvepiviir. Finn JpWflrv.
OI'K-ks, etc Jewelrjrof all des- lC i
:Tiptions made to order, lustra, th-
warranted. s&Zsj
And keeps constantly on hand the finest brand cf
tlavana and Dnmestic f'igrars, HiiiojV
inc and Chewing Tobaccos,
Pipes, Catlery Sta
tionery, etc.
a7Sole agent for the celebrated
CRESCENT SPECTACLES.
Carson City. Jan. 1. lb3
ADOjLPH JACOBS
FKOPBXETOR OF THS
OIQAR STORE,
AT THF
Ormsby House Corner
rs
CARSON CITT. NEVADA,
Keeps the Finest Brands of
HAVANA CIGABH,
DOME TfVCIC RS,
TOB 5 1 ;t !0l.
GENUINE HEER-CB4IIU PIPES.
Fine cutlery.
Wbieh be will sell tt . lowest rates possible.
Canon, Dtcrmbtr