23, 1889 (25 Stat., 687), and June 21, 1906 (34 Stat., 334), be subject to settlement under the general provisions of the homestead laws on July 15, 1909, but shall not be subject to entry, filing, selection, or other form of appropriation until August 16, 1909. No person will be permitted to gain or exercise any right whatever under any settlement or occupation begun prior to July 15, 1909, and all such settlement or occupation is hereby forbidden. The lands on which there are Indian improvements will not be subject to settlement or entry by other than the preference-right purchasers, until the latter have had an opportunity, as provided by law, to enter the lands. A list of these purchasers, and the lands on which such improvements are located, was sent you with office letter of May 18, 1909, instructing you to give such purchasers notice that they are allowed 30 days from notice in which to purchase the lands. At the end of the period mentioned, all lands containing Indian improvements not entered by such preference-right purchasers will be subject to settlement and entry the same as the other lands in the reservation, but none of the lands will be subject to settlement before July 15th next. You will as soon as the preference-right period has expired, post in your office a list of the lands containing Indian improvements which were not purchased by such preferenceright purchasers. Furthermore, the lands comprising the agency and school plant. and the school farm, together with the buildings thereon, viz: NW. 1, NW. 1 SW. 1, Sec. 28, NE. NE. 1, S. 1 NE. 1, SE. 1, Sec. 29, T. 18 N., R. 24 E., 475 acres, will not be subject to settlement, but these lands and the buildings thereon, except the W. SE. 4 NE, 1, the E. SW. NE. 1, Sec. 29, T. 18 N., R. 24 E., 40 acres, and a tract of 5 acres occupied by the Foreign and Domestic Missionary Society of the Protestant Episcopal Church, will be sold at public auction at your office at not less than the appraised price under Secs. 2122 and 2123, U. S. R. S., on September 1, 1909. A list of these buildings and their appraised price will be furnished you as soon as possible. A copy of the notice opening these lands is herewith inclosed, and you will post the same in your office, and continue such posting until it is deemed no longer necessary. A copy of the notice has been sent the Lemhi Herald of Salmon, Idaho; Wood River Times, Hailey, Idaho; and the Star of Kansas City, Missouri, for publication. Very respectfully, Approved: R. A. BALLINGER, Secretary. FRED DENNETT, Commissioner. OPENING OF LANDS IN LEMHI INDIAN RESERVATION-SUPPLEMENTAL INSTRUCTIONS. INSTRUCTIONS. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., June 11, 1909. REGISTER AND RECEIVER, Hailey, Idaho. GENTLEMEN: The regulations of June 4, 1909 (38 L. D., 25), for the opening of lands in the former Lemhi reservation, are hereby so modified as to make the lands subject to entry only on July 15, 1909, and thereafter to both settlement and entry on August 16, 1909; but no rights can be acquired under any settlement made on any of these lands, under the homestead laws, prior to August 16, 1909, and no rights so claimed will be recognized by you. You are directed to supervise the formation of applicants appearing at your office on July 15, 1909, into a line in the order in which they appear. The person first in the line will be accorded the first right to make entry, the person second in the line the second right, and so on. It will be well for you to assign to each person appearing in line a number corresponding with his position in the line and let the numbers thus given control the order in which applications to enter may be presented at your office. After the persons in line have been numbered, you will begin the allowance of entries by calling the names and numbers of the persons to whom numbers have been assigned, in the order in which they were assigned. This will obviate the necessity for applicants to remain in line until their applications can be presented. If any person fails to respond and present his application to enter when his number is called, he will lose his right to make entry under the number assigned to him and you will proceed to call the name and number of the person holding the next highest number and permit him to present his application to enter. If, in the maintenance of order and the formation of the line it becomes necessary for you to do so, you will call on the local city and county authorities for assistance. Very respectfully, Approved, June 14, 1909: R. A. BALLINGER, Secretary. FRED DENNETT, Commissioner. PLACER MINING CLAIM-LOCATION-IMPROVEMENTS-MINING DREDGE. GARDEN GULCH BAR PLACER. A placer mining location made by several persons for the maximum quantity of land that may lawfully be embraced in a single location by that number of persons, can not be amended to include a larger area. The owner of two or more contiguous placer mining locations can not, under the guise of amending one of them, substitute therefor a single location. Where a placer claim or group of claims held in common contains deposits of such character and extent that they can be most economically worked by means of a mining dredge, and the owner of such claim or group has in good faith purchased and actually placed in good working order thereon a dredge, for the exclusive purpose of working such deposits, which dredge has not theretofore been used as the basis for patent for any other area, it is entitled to be regarded as a mining improvement, so far as that particular claim or group is concerned, and to have its cost accredited thereto. First Assistant Secretary Pierce to the Commissioner of the General (F. W. C.) Land Office, June 5, 1909. (E. P.) January 28, 1908, Joseph Wharton filed application for patent for the Garden Gulch Bar placer mining claim, survey No. 2,272, situate in the Centerville mining district, Boise land district, Idaho, upon which entry was allowed May 16, 1908. It The claim as applied for and entered embraces 129.665 acres. lies longitudinally in a northeasterly and southwesterly direction, is 8,750 feet in length, and ranges in width from about 30 to 1,300 feet. Extending in a northwesterly direction from the westerly side line of the claim there is a projection, some 1,650 feet in length by from 208 to 360 feet in width. The certificate of location upon which the survey and the application for patent were based recites that— S. K. Goldtrap, the undersigned citizen of the United States, over the age of twenty one years, having complied with all the requirements of the laws of the United States and the State of Idaho, relating to the location of mining claims, and with the local laws, customs, rules and regulations of the mining district, in which this claim is located hereby make and file this my amended location of the "Garden Gulch Bar" Placer Claim, claiming by right of discovery, location, primal appropriation and possession, the ground hereinafter described, being about $700 feet in length by about 600 feet in width, together with all the metals, minerals and mineral deposits within the lines of said claim. This claim is situated in Centerville Mining District, County of Boise, State of Idaho, and is more particularly described as follows: (Here follows a description, by course and distance, of the exterior lines of the claim.) This claim is bounded on the east by the Silver Key Placer, and on the South and southwest by the Junction Placer and contains 127 acres. The location work has been done near Corners No. 2, 5, 8, 9, 10, and half way between 9 and 10. Consisting of Garden Gulch Bar Placer 80 acres, Eureka Placer of 40 acres and Reservoir Gulch of 20 acres. This amended location is made in conformity with the original location made Sep. 28th, 1897, Dec. 14th, 1897, Oct. 28th, 1898, recorded Oct. 9th, 1897, Jany 6th, 1898, in Book 4 Page 148, 255 of Placer Locations in the office of the Recorder of said County, and it is made for the purpose of appropriating all ground within the boundaries hereinbefore described, and of more definitely describing the situation and boundaries of said claim, correcting any irregularities, informalities or errors, and supplying any defects which may exist in the original location or the record thereof; hereby waiving no rights acquired under and by virtue of said original location, and if the original location or the certificate thereof is void then this location shall be an original location and this certificate an original certificate. Date of original Discovery Sep. 28, 1897, Dec. 14, 1897, October 28, A. D. 1898. Date of Amended Location November 24, A. D. 1898. S. K. GOLDTRAP. The notice of location of the Garden Gulch Bar claim, as originally made, a copy of which notice constitutes a part of the abstract of title, reads as follows: Notice, is hereby given that we the undersigned citizens of the United States, do this day claim under the Revised Statutes, of the U. S. and the laws of Idaho, 80. acres of Placer mining ground on this Bar, situated just below Garden Gulch Commencing at the notice at and joining the lower line of L. E. Anderson's claim on said Bar, thence running down the Bar, or creek 320 rods, in a southerly direction to a similar notice and being 40 rods wide, joining the west line of the silver Key creek claim on Grimes creek this claim shall be known as the Garden Gulch Bar" placer claim situated about one mile below the town of Centerville, Boise County, Idaho, Centerville mining District. Locators: S. K. GOLDTrap. A. C. GOLDTRAP. By deed dated October 4, 1898, Art Cunningham, Sarah C. Cunningham, and Anna C. Goldtrap conveyed to their colocator, S. K. Goldtrap, all their right, title, and interest in and to the said Garden. Gulch Bar placer mining claim. The Eureka claim appears, from an entry in the abstract of title, to have been located December 14, 1897, by Art Cunningham and F. M. Goldtrap, and according to a statement in the same entry "it joins Garden Gulch Bar' placer claim and is 160 rods long by 40 rods wide, containing 40 acres." The title to this claim, so far as anything to the contrary is sufficiently shown by the record, has never passed out of the locators thereof. The certificate of location of the Reservoir Gulch claim reads as follows: Notice is hereby given that I, the undersigned citizen of the U. S., do this day locate according to the laws of the U. S. and also the laws of Idaho twenty (20) acres of placer mining ground in Reservoir Gulch, Centerville mining district. Boise County, Idaho, and more particularly described as follows: “Commencing at the west line of Garden Gulch Bar placer claim at the mouth of the gulch, thence running one hundred and sixty (160) rods westerly to stake and notice and twenty (20) rods wide, including all the gulch. Known as Reservoir Gulch placer claim distant miles below town Centerville, Boise County, Idaho, October 28, 1898. F. E. GOLDTRAP. By deed dated November 9, 1898, the claim last referred to was conveyed by the locator to S. K. Goldtrap. June 25, 1901, S. K. Goldtrap and Anna C. Goldtrap, his wife, conveyed to one Gratz "all their right, title, and interest to the Garden Gulch Bar placer mining claim, containing 127 acres," and this interest passed eventually by mesne conveyance to Joseph Wharton. As near as can be determined from the present record, the so-called amended Garden Gulch Bar location embraces 59.725, of the 80, acres lying within the limits of the original claim of that name; 35.46, of the 40, acres embraced in the Eureka location; 8.16, of the 20, acres embraced in the Reservoir Gulch location; and 26.32 acres of, so far as appears, then vacant and unappropriated ground. There are sought to be accredited to this claim, as attempted to be amended, the following improvements: An open cut 80 by 150 feet, valued at $66.70, and a dredge 40 by 80 feet, valued at $35,000, both situated within what would seem to be the limits of the original Garden Gulch Bar location; a storehouse, valued at $200, and a building, denominated a "headquarters house," valued at $1,500, situated within what would seem to be the limits of the Eureka claim; and four boarding houses, valued at $200 each, situated on the new ground. Upon considering the case, your office, by decision of December 18, 1908, held the entry for cancellation, on the grounds (1) that the applicant was not the owner of the Eureka claim at the time he attempted to include it in the amended Garden Gulch Bar location; (2) that there is no authority of law for consolidating by amendment two or more placer mining locations; (3) that the claim, as attempted to be amended, is not reasonably compact in form; and (4) that the available improvements are insufficient in value to satisfy the requirements of the law, it being held that the cost of neither the buildings nor the dredge can be properly accredited to the claim, for the reason that such buildings are not shown to be associated with actual mining operations, and that "in view of the size of the stream in which this dredge floats and the possibility of floating it off the claim, the dredge is not considered a permanent improvement." From this decision the entryman appeals. |