or entries will be received by you, where applicants show that they have the possession, or the right of possession thereto, by virtue of compliance with the local and congressional enactments, and file the necessary proofs. In all patents for mining claims situate within the exterior boundaries of a town-site application or entry, the following clause is inserted, viz: "Excepting and excluding, however, from these presents, all town property rights upon the surface; and there are hereby expressly excepted and excluded from the same, all houses, buildings, structures, lots, blocks, streets, alleys, or other improvements on the surface of the above described premises not belonging to the grantees herein, and all rights necessary or proper to the occupation, possession, and enjoyment of the same. You will so inform all parties in interest. Very respectfully, W. W. CURTIS, Acting Commissioner. Minerals in the Indian Territory. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., June 26, 1873. R. H. ANGWIN, Esq., Sherman, Texas: SIR: In reply to the inquiry contained in your letter of June 25, 1873, referred to this office by the Secretary of the Interior, I have to state that the minerals in the Indian Territory are not reserved by the United States, and this office has no control whatever over the lands in said territory. Very respectfully, WILLIS DRUMMOND, Commissioner. Minerals Discovered after Patent has issued to Agricultural Claimant. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., July 10, 1873. CYRUS MADDEN, Esq., Port Orford, Oregon: SIR: In reply to the inquiry in your letter of June 15, 1873, I have to state that all mineral deposits discovered upon land, after United States patent therefor has issued to a party claiming under the laws regulating the disposal of agricultural lands, pass with the patent, and this office has no further jurisdiction in the premises. Very respectfully, WILLIS DRUMMOND, Commissioner. Deposits of Fire Clay may be Patented. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., July 10, 1873. G. BILLINGS, Esq., Assistant Treasurer Germania_Smelting and Refining Company, Salt Lake City, Utah: SIR: In reply to the inquiry in your letter of June 30, 1873, I have to state that lands valuable on account of deposits of fire clay, may be patented, on compliance with the mining act of May 10, 1872. Very respectfully, WILLIS DRUMMOND, Commissioner. Claim Rejected because not Located in Accordance with Law. Instructions for Mining Claimants in Arizona. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, WASHINGTON, D. C., July 10, 1873. Register and Receiver, Prescott, Arizona: GENTLEMEN: On the twenty-fourth March, 1873, you were directed to call upon M. B. Duffield and J. Q. Dickason, who made mineral entry No. 3, at your office, of the San Xavier mine, for proof of ownership and possession under the local rules or regulations of miners in Tucson mining district, Pima County, Arizona Territory. With the Register's letter of May 6, 1873, was received a copy of notice of location of the San Xavier mine, duly certified under the seal of the County Recorder of Pima county. This location notice shows that five persons: M. G. Gay, Wm. Kirkland, Fritz Courtzen, Calvín Cuzinno, and John Davis, who doubtless acted in entire good faith in the matter, claimed and located 3,600 feet of this lode. But this location was made on September 11, 1866, nearly two months after the passage of the Congressional mining enactment of July 26, 1866, the first section of which declares that no location hereafter made shall exceed two hundred feet in length along the vein for each locator, with an additional claim for discovery to the discoverer of the lode," etc. There was then, on the eleventh September, 1866, no authority of law for the location of thirty-six hundred feet of a lode by five persons; twelve hundred feet being the greatest extent then subject to location by five persons, provided they were the discoverers, or one thousand feet if claimed simply as locators; and this office is accordingly unable to issue a patent upon said application as it now stands, being for three thousand feet on said San Xavier mine. You will inform the applicants for patent, as the locators claimed the San Xavier mine as discoverers, that they will be allowed to take twelve hundred feet along the line of the lode, in which event the monuments on the westerly end of the claim would have to be moved toward the east by a United States Deputy Surveyor, and the plat and field notes amended accordingly, a resurvey of the premises not being necessary. Should the applicants prefer, they have the option of making relocations, under the act of May 10, 1872, in which case they will commence de novo, after filing notice of location with the proper local officer. The proceedings in that event will be the same as though no previous application for patent had been undertaken. Should the claimants commence de novo, the Surveyorgeneral can adopt the field notes of survey already made, with the necessary amendments as to distances along the vein and corner monuments, thus saving the applicants the expense of a resurvey. After the expiration of the sixty days period of publication, should no adverse claim be filed, you will allow the claim to be entered, issuing the usual certificate and receipts of the current number and date. The duplicate Receiver's receipt, of course, will not be issued until the one now in possession of the claimants is first delivered to the Receiver, upon proper application the purchase money already paid on the former entry (No. 3) will be refunded. Hereafter in receiving applications for mining patents, you will be particular to ascertain from the claimants: First. Whether they claim right of possession under the local customs or rules of miners, as the same existed in the district, prior to the adoption of general mining regulations by the Legislature of Arizona; and if so, require satisfactory proof that the claim is occupied in accordance with such customs or rules; certified copies of the regulations in force at the date of location to be transmitted with the case. Second. Whether the application is for a claim located in pursuance of the general regulations adopted by the said Legislature, (known as Chapter L of the Howell Code,) and if such is the case, require satisfactory proof that the claimants have, in making their locations, complied with such regulations. Third. If the claimants desire patent for a claim located in accordance with the act of Congress, approved July 26, 1866, you will observe that the location does not exceed two hundred feet on the course of the vein or lode for each person who is a party to such location, with two hundred additional feet for the discoverer, or three thousand feet for any association of persons; which three thousand feet can only be taken at the rate of two hundred feet to each individual comprising such association, two hundred additional feet being allowed the discoverer. By which it will be perceived that to locate three thousand feet on any vein or lode, required not less than fourteen persons, where one was the discoverer, or fifteen persons if taken without reference to the discovery claim. Fourth. If the application is for a mine located since May 10, 1872, the maximum along a vein or lode, that can be located by one person or several persons, is fifteen hundred feet, and three hundred feet on each side of the center of the vein at the surface is the greatest width of surface ground permitted under the mining act of May 10, 1872. By giving careful attention to these details, much needless expense and vexatious delay will be avoided. The papers in the present application are herewith returned, and you will notify the applicants for patent accordingly. Very respectfully, WILLIS DRUMMOND, Commissioner. Three Hundred and Twenty-seven Acres of Placer Ground in one Entry. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., July 10, 1873. Register and Receiver, Fair Play, Colorado: GENTLEMEN: In reply to the inquiry in the Register's letter of July 1, 1873, I have to state that parties holding the possessory right in accordance with the local laws, may make a single entry of three hundred and twenty-seven acres of placer ground upon compliance with the mining act of May 10, 1872. Very respectfully, WILLIS DRUMMOND, Commissioner. Courses and Distances must give way when in Conflict with Fixed Objects. DEPARTMENT OF THE INTERIOR, Washington, D. C., July 15, 1873. SIR: I inclose herewith a copy of the opinion of Hon. Walter H. Smith, Assistant Attorney-general, in the matter of the application of the Brown silver mining company, for patent for the Mammoth lode, Central City district, Colorado Territory. I concur in the views set forth in the opinion, and reverse your decision adverse to the application. This decision cancels and sets aside that of the twentyfifth February last, in this case. The papers transmitted with your letter of thirteenth January last, are herewith returned. I am, sir, very respectfully, your obedient servant, Hon. WILLIS DRUMMOND, Com'r General Land Office. [INCLOSURE.] DEPARTMENT OF JUSTICE, OFFICE OF ASSISTANT ATT'Y-GENERAL, Washington, July 15, 1873. SIR: I have examined the application of the Brown silver mining company, for a patent to certain premises in the Territory of Colorado, on appeal to your department from the adverse decision of the Commissioner of the General Land Office, of the fourth of September, 1872. He rejected the claim, for the reason that the premises were described differently in the application and the final survey. The only point of difference consists in this, the application commences its description at the mouth of the Brown silver mining company's tunnel, and runs thence north 7° 30' west 100 feet, to the discovery of the Mammoth lode. This course of north 7° 30′ west 100 feet, will not reach the discovery, but it requires, a new and additional course of north 16° east, and a distance of eighty-one feet, to reach the discovery. With the exception of the above, there is no discrepancy between the application and final survey. I think that, in law, there is no discrepancy. It is well settled, that courses and distances must give way, when in conflict with fixed objects. The application calls for two well defined fixed points; the mouth of the tunnel, and the discovery. The course and distance given will not lead to the discovery. They must, therefore, be rejected, and the call requires a straight line from the mouth of the tunnel to the discovery. I advise a reversal of the decision of the Commissioner. Very respectfully, W. H. SMITH, Assistant Attorney-general. Hon. C. DELANO, Secretary of the Interior. Mining Claim Fraudulently Entered by an Agriculturist. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., July 17, 1873. JAMES F. TALBOTT, ESQ., Shady Run, Placer County, Cal.: SIR: Referring to your letter of June 16, 1873, I have to state, that if you, or those for whom you inquire, had a |