April 7, 1872 (4 pages)

5 Sargent for a copy of a. decision of NEVADA CITY, CAL. ‘Sunday, April 7, 1872. GENERAL U. 8. GRANT. Subjoct to the decision of the National Re: publican Convention, Very Important Mining Deciston. We are indebted to Hon. A.-A. ye yuired,to be given by an applicanty; ments not less than one thousand ' gutention to apply for a patent, the _ aon of the party, to survey the premthe utmost importance to miners. The decision-was obtained at the request of Mr. Sargent, and in it the Commissioner has ruled that adverse claims, to have legal effect, must be filed within the ninety days notice for a mining patent. On account of its importance to miners we give it in au. ae DEPARTMENT o¥-THE INTERIon, WasHynoton, D. Ci, March 14th, 1872. Sir: I haye had unger consideration the appeal from your decision in the matter of the Flagstaff Lode in Utah Territory. The only ground on which you declined to issue a patent was, that certain sdverse claims had.been filed with the Register, after the expiration of the ninety days from the date of the published netice and before the approvol of the corrected survey. lt appears that the notice was published on the 4th day of June, 187); and one of the adverse claims was tiled-on the 28th day of. December, . 1871, andthe other on the 10th of January, 1872. The original survey ‘was approved by the Surveyor General on the 18th of September, 1871. he corrected survey was. approved on the 18th of January, 1874. The original was not approved by the. Commissioner or Department, ‘because it did not conform, to the original application and diagram in. this, to wit: The.application aud diagram purported to start at a given course and distance from Mineral Monument. No. 4, and the survey at the same course and ‘distancefrom Mineral Monument No. 3. ‘fhe application and diagram represented the surface premises is extended from the discovery,shuft south 36 deg, west 1,200 feet, and north 36 east 1,400 feet. The survey represented the tract as extending from the discovery shaft south 49 deg. 39 min. east 1,:00 feet and north 45 deg. BY min. west 1,400 feet. There was then no evidence in the The Daily Transcript to the; proper office of five dollars per : dare, begether with the cost of such Jiled, It is much longer than publication is ease showing that Mineral Monument No. 3-and 4 were identical: Now that fact is clearly shown, aud it is ulso shown that the corrected survey corresponds with the original appheation and survey, and that the original survey covered the identical diseovery shaft now contained in the corrected survey, and that both the original and corrected surveys cover the identical discovery shaft set forth and included in the applicvtion and diagram. I state these facts for the purpose of showing that the adverse vluimants are net prejudiced by the filing of the corrected surveys, jor it covers the identical discovery shaft included in the original published notiee, which notice they disregarded, They did not file any adverse claim ‘wder it within ninety days from its publication, or at any time. If they could safely omit to file, under that notice, it seems to me that they can apply to do so under the present corrected survey. i The original survey was approved before any adverse claim was filed. ‘Ynat survey was not set aside. It ‘was ordered to be corrected. It may well be doubted whether it, as corrected, is such a new survey as would pam: the filing of an adverse claim tween the date of the approval of the original and the approval of the corrected survey, even admitting that tae law allowed adverse filings atany time before approval, and did not limit them to nmety days from tie publication of the notice. But does the law permit such adverse filings after the expiration of ninety days from the pubiication of the notice ? ae The 2d section of the mining act July 26th 1866, provides that the claimant wiio has previously occupied and amproved a vein or lode and expended in labor or improvedollars, shall file, in the local land office a diagram of the same, so extended, laterally, or otherwise, as to conform to the local laws, and that it shall be lawful for him to enter sach traet aiid receive a patent theretor. : i ‘The 3d section provides that ujion the tiling of the diagram, as provided in said second section, and posting tue same ina eonspicuous piace on tae claim, together with a notice of Megister of the Land Office shall puvlish a notice of the same ina newspaper published nearest to the location of suid:claim, and sha)l also }. 0st such notice-in his office for the period of ninety days; ‘and after the «xpiration of said period, if no adverse claim shall have been filed," (Lhese words seem clearly to require tae adverse claim to have been tiled peior to the expiration of the ninety dys’ notice) ‘at shall be the duty of tae Surveyor General, upon appiicaises and makea plat thereof, indorsed with his approval, designating the mumber and description of the locahvu, the value of the labor and improvements, and the character of the vein exposed; and upon the payment survey, plat and “notice, and giving satisfactory evidence that said dia+ grams have been posted on the ¢elaim during said period of ninety days, the Register of the Land Office shail transmit to the General Land Office, said plat, survey and description, and a patent shall issue therefor.” The plain meaning of this is, that the Register shall give the notice required for the period of ninety days, and that parties having adverse claims shall have the entire ninety days in which to file their claims and that upon the expiration of the ninety days; immediately upon 18 Sxpiration—the very next day. thereafter— if there have been no adverse claims the elaimant -shall—have the right to apply to the Surveyor-General for a survey, aud upon its being approved and the land paid for and the proper papers forwarded to the Commissioner, he shall be entitled to his patent. Ninety days are given in which to fileadverseclaims. ‘They must be filed within that. period. This is certainly a_reasonable notice. generally required by State laws, to bring in absent parties and acquire jurisdiction over important interests. Is this rule,. thus clearly stated, changed by the 6th section of the same act? That section provides, ‘That whenever any adverse claimants to any mine ‘located and claimed as aforesaid, shallappear, before the approval of the survey, a8 provided in the) third section of this act, all proceedings shall be stayed until final settlement and adjudication in the count of competent jurisdiction, of the debt/rhe Sk of possession to such claim, when a patent may issue as in other cases.”’ clare what shall-be done when an adverse claim has been fited:It is not to declare when an jadverse claim shall be filed. That had already been done in the third section. It recites that when ‘‘any. adverse claimants” .“shall appear before the approval of the survey, as _provided.1n the third section of this act,’’’ the a ull proceedings shall be stayed etc. . Of course it must be‘‘before the approval of the survey,’”’ if done in accordance with the third—section, tor that. section requires the adverse claims.to be filed within the ninety days, Any other construction would allow an adverse claim to be filed at any time before approval of the sutvey.” A survey might be in the main correct, but yet erroneous in description, or otherwise, in some slight particulars and yet, in sucha case, an adverse claim might be. filed which of itself would suspend the approval of the survey untilit was adjudicated. Another claim might be filed before SLL 2 ai ——————— _ Convicted. — Yesterday Madam Courtadé, was Leonvieted . before_Jastice—Relfe,-of keeping a house of prostitution. For a long time'past her house on Broad street has been a great nuisance, and itis hoped that the result of this conviction will prevent. it in! the future. : 4 of é District Court * V/In the District Court yesterday, the case of the Town of Grass Valley, against the Grass Valley Water company, was on trial. Dibble & Byrne appearing for plaintiff, and Judge Searls, and Williams &Johnson” for the defendant. The object_of the. suit is to break the contract for non compliance with the agreement_on the patt of the company. = —— 5 Ix Sutter county, the farmers are jubilant at the prospects of the grain . crop. They are calculating on ther largest crop of wheat ever harvested . Lin that county, and every indication . is favorable to the realization of their . expectations. ; eA are Elder Grant. A dispatch was received in this . Grant, stating that he would be here i on next Thursday evening. We un-. gaged for him on Friday night. _ Skating Rink. : ating Rink will be re-opened . to-morrow. For full particulars in regard to the sew armiigenicnts read . the: advertisement of B. Bullard in. this morning’s’ Traxscarptr. The Rink is in splendid condition and, ‘everything will be done for the com-) fort of the visitors. : i 4 Damage Done. ! A great deal of damage was done . by the recent hail storm at Newtown and vicinity. The grain was all} Yeveled to the ground, and the buds. on.all of the trees were knocked off. A Continent CoyERED wiTH IcE.— Prof. Agassiz comes tothe conclusion that the continent of North America was once covered with ice for a mile in thickness, thereby agreeing with Prof. Hitchcock and other eminent geological writers concerning the glacial period. . In proof of this .coneluthat was disposed of or the survey). approved, and thus adverse claims might lap over each other until it would be almost an impossibility for a claimant to be in a condition when he could demand an approval of his survey and the issuing of his patent. A construction which leads to such consequences ought not to prevail. Ihave concluded to adopt the one which requires the filing to be-made within the ninety days. Your decision is therefore reversed and the papers together with your letter of the 28th ult., herewith returned. Very respectfully ©. Detano, Secretary, Hon. Willis Drummond, Commissioner General Land Office. -< ><> sion, he says that the slopes of the Alleghany range of mountains are glavier worn tothe very top, except a few points which were above the level of the icy mass. Mount Washington, for instance, is over six thousand feet high, and the rough unpolished surface of its summit, covered with loose fragments just below the level of which glacier marks come to an end, tells that it lifted its’ héad alone above the desolate waste of ice and snow. In this region, then, the thickness of the ice cannot have been much less than six thousand feet, and this is in keeping with the same kind of Suocstne ‘Tracepy.—-A __ terrible tragedy occured in the village of Greenbush, opposite Albany, March 12th, near Highbridge, Aldrum’s crossing. On Second-avenue,Greenbush, there lived in a-small frame dwelling aman named Samuel Fargue, with his family, consisting of a wife and daughter, thé lat ing about 18 years old. About@ o'clock on the afternoon of the 12th two shots were heard in rapid succeesion, and shortly after Fargue was seen to pass into a wood shed back from the house, and the daughter came.screaming out of the front door. By this time several of theneighbors were attracted to the spot, On entering, Mrs. Fargue was found lying on the front room floor stone dead, having been shot through the head.— Struggles were heard in’ the shed which Fargue was seen to enter, and on proceeding thither a most horribie spectacle was witnessed, Fargue was found lyiig writhing about on the floor, with éne hand clasping a jagged, rusty old jack-knife, while from a gash in his throat the blood was spurting out in a miniature torrent. Blood was spattered all over the sides and fleor of the shed, even running in a little rivulet out in the yard, Soon after being discovered his struggles ceased and he was dead: Fargue, who was a shiftless sort of a character, had become degraded. He had been out of work seme days past and, in an altercation with his wife, seized a revolver lying near and shot her. He then tired at his daughter, but missed*her; then to the shed he ended his own life: as above stated. . iaaitai Tur eale-ofvarms investigation and the -navab’ investigation progress wy: raga. .4abe194 , . e was discovered by the polite: ” evidence in other parts of the country; for when the “mountains are much below six thousand feet, the ice seems to have passed directly over them, while the few peaks rising to that héight are leftuptouched. The glacier, he argues, God’s great plough, and when the ice. vanished from the face of the land, it left it prepared for the husbandman. The hard surface of the rocks were ground to powder, the elements of the soil were mingled in fair propor tions, granite was carried into lime regions, lime was mingled with the more arid and unproductive. granite districts, and a soil was prepared fit for the agricultural uses of man. There are evidences all over the popular regions to show that’at one pe riod the heat of the tropics extended all over the globe. The ice period is supposed to be long subsequent to this, and next to the last before tle adyent of man. V4 A Heavy Bricx.—The Grass Valley Republican tells of a gold brick weighing 529 ounces, which made its appearance at Delano’s banking house yesterday. It came from the Empire mine, and was valued at $8,900. It wasthe product of less than a month’s run> Giant powder is being used at the Empire now. Tue persons killed by railroad accident on the West Pennsylvania Railroad, March 22d, were Mrs. . Amanda Hartman of Chicago, and more, es Some persons attempted to set fire . { Paper and wood saturated with kero-. every Hunday_morning ahd evening,-at the _. Sehool at 2, and Vespers at 734 P. u. Rev. Hi Lock, who made an assault upcity, yesterday, from Elder Miles . ‘were $206. . penses Isaac Josephus, a jewelry, of Balti> . : Preaching Sunday. Services-in the Congregational Church, usual boars of worship. Sabbath School immediately after morning service. Rev. E. HaHeday, Pastor. ae Episcopal services at the Court House ev-’ ery Sunday morning a 11 o'clock, by Rev. “Mr: Anderson. QUICK SALES AND SMALL Divine Services at the Catholic Church Sunday morning at 10% o'clock. Sabbath Father Claire, Pastor. Divine services will be held at the A. M. E. Church Sunday morning at l1_ o'clock. Services in the evening at 74s o'clock Services at the Baptist Chureh, morning + and evening at the usual hours of worship Rev. J. A. Wirth, pastor. Divine Services will be held in the Methodist Church, Sunday morning at 11 o'clock and in the evening at 7% o’elock, Sabbath = + ey Fs ~ ; a aS oS 5 Sy sm rn angi gpeatec Pee er ‘ School at 2o’clock, Pp. mw Rev. Stump HAS just OPENED : Pastor. Arrest of Hi Leck. on Ah Loon with a hatchet, on Wednesday morning last, was arrested yesterday morning by Marshal Getchell and placed in jail, He was afterwards brought before Justice Rolfe’ and ordered to appear for examinaj tion this morning at‘10 o'clock. ——+—— ee Receipt of Colored Festival. The committee of arrangements who had ¢ the benefit of the A.M. E. Church, After paying all exthey cleared $90. i Remoyal. (. TremasShartieff-is removing his stock of groceries tothe store on the corner of Commercial and Pine streets, opposite Nathan & Miller’s clothing store, and formerly: ocenpied by Scieutti, where he will keep on hand a new and choice stock of fam. . ily groceries. i High “Mass. There willbe high mass at. the Catholic Church, this morning at 104% o'clock. Father Rooney. Music by the choir, under the leadership of C. H. Chase, organist. Sunday schoolat 2 o’clock. Parents of the school will please take notice that the children are preparing for confirmation. It is expected that Bishop O’Connell will be in this city to performing this rite about the first ef May. New Firm. M. Murber has gone into co-partnership with 8. M. Timmons in_ the meat market business, on Commercial street. They will keep constantly on hand all kinds of meats, vegetables, eggs ete, Give thema call FORRESTELLE COMBINATION TROUPE! Z AT NEVADA THEATRE, Tuesday and Wednesday Eve'gs April 9th and 10th, ists : MAD’E FORRESTELLE, The world renowned FEMALE CONTORTIONIST, in her Great Original:.Acts, BOX PACKING FEAT, secreting herself in a Box 22 inches square ; the GREAT RING TRICK, passing her body through & Ring 12 inches in diameter; Great Stone Breaking Feat—breaking a 200 Ib. “Stone on her breast, MISS LULU SUMMERS, California Favorite, Queen of Melody. TOMMY ROSA, the Great Ethiopian Comedian. GUS. SPRAGUE, Acrobatic and Negro Delineator. Master FORREST, Champion Clog, Dancer, late of Tony Pastor’s Opera Mouse New York, and GUS. KARRACK, in his celebrated Banjo Solos. Don’t fail to go and see these celebrated Performers. _ Doors open at 7 o’clock, performance commences at 8, ap7 Roller Skating Assemblies. —aT THE— NEVADA SKATING RINK. 8 hee Nevada Skating Rink will re-open ye MONDAY, April 8th, ‘Every Forenoon the Rink will be opened from 94 to 120’clock. A gentleman will be in attendance to teach all who desire to learn te cate, Admission free, use of skates 25 Every Afternoon from 3 o’clock till 5,— Admission, includin Skates 3s gy #2 The open only Monda: Wetkesiay aod Saturday ecntnen from 7 to 10 e’cleck. Admission — Gentlemen 25 cents : use of Skates 25 cents. Ladies, ipcluding Skates 25 cents, Gentleman and Lady, admission and use of Skates 50 cts. B. BULLARD, Proprietor Nevada, April 5th. ds oa MM. MURBEB. oxo E CTION OF MAIN AND CO y CIAL STREETS, NEVADA CITY.' Always on hand the best of 8. M. TIMMONS. Eggs, Butter and Vegetables. Which will be sold cheap forcash. : lean at our Market will be delivered to any Part of the city free of ge of the festival for. . LARGEST, Services by Rev. hag Company, is composed of the follow: ing Talented } maurr-. ~ Marseilles Quilts. to the University Hall at Harvard . : THE BLOCKADE ed PROFITS 18 MY MOTTO. A. GOLDSMITH, . N BROAD STREET, NEVADA CITY; = oS ONE HUNDRED CASES FINEST ASSORTMENT —OF— DRY GooDS EVER EXHIBITED IN NEVADA! ed The Stock was selected , -R . OH, NO! What theniis the cause of the tumultuous uproar which is spread. ing over Nevada county? : Keep Cool and we will tell you!The Earthquake shocks . and Robberies are not creating half as much excitement and consternation among the people astheNew Goods Which have just been received at +ROSEINBERG’S and it cannot be excelled! — The Stock is the RICHEST, And the CHEAPEST! Ever seen on this Coast ! The Stock is the most COMPLETE AND VARIED IN THE STATE. and as I propose to sell my Goods at the Very Lowest Figures. I only desire the people to visit my place, and Let the Best stand upon its merits for Cheapness, Quality and General Assortment of Goods. ee wa” I desire to call attention toa few articles which I have just opened, as follows; Satin Barbouns, all colors, Silk ‘Poplins and Silks. ~ Gros de Landres. Belgian Repps. _ Tannis Cloth, English Lustres. Foulards. Japanese Silks and Poplins. Sprague’s and Merrimac Prints 1000 different paterns. Black Prints. Print, Chambrie, &c. New Styles of Striped Shawls. New Styles of Trimmings and Embroideries, Hosiery, all of the latest styles, , Domestic Goods, all description and qualities from 4-4 to 11-4, bleached and unbleached. Linens of all description. test style Hats, Flowers, &c. line of 3-ply, Brussels, Tapestry and all kinds of Matting. _ Lace ' ‘Ribbon Sashes, of all kinds, Table Linen of ‘all description. And 1,000 more Novelties too . -& Gonpsmrre, expressly for this. market . . Marseilles, Shirting Linens and COMMERCIAL STREET, Opposite Masonic Hall, Nevada City. 3 —_—_— Nothing Equal to IT! In point of magnificence, quality and prices, > Rosenberg & Bro's 1yitt ootee Stock is unapproachable ! Scones Where can you buy Dry Goods the Cheapest ? Answer, ‘ At ROSENBERG BROS. Where can you buy Fine Domestic Goods the Cheapest ? Asa matter of course, at ROSENBERG BROS. Where can you buy the most elegant Dress Goods . At ROSENBERG BROS. Where can you buy yourself rich ? At ROSENBERG BROS, . . Where can you get the best and the Cheapest, Carpets,’ ® Oil-Cloths, Mattings, Shawls, Pique, ‘Silks, Satins, Ladies and Misses Shoes, Embroideries, Trimmings, Hesiery, Table Linen, Towels, Napkins, Merrimac Prints, Sprague’s Prints, Marseilles, Repps, . Quilts, Chambrie, Fringes, Lace Collars, Flowers, Sashes, Hats, &e. &e. And the invariable reply will-be 16, Commercial Street: _ We have the Largest, Best and the Cheapest Stock of Goods t be found in the State ! . -We are determined not to be The Dai NEVADA ——— LOCA! arrest of the # His D “On Friday ' Guckins, Con Juan, lodged man who give and who has € ‘Ying the ma ridge during have here the TRANSCRE regard to the ~gited to ei which we are Huckins and North San d Brady made HIS F At French € that night. sé Lewis’ Hot wereentered ed with false keys out of . had been ust fifteen or tw stolen from but nothing ‘Monday an be a pal of . And stoppe and on tha was entere . bed of abou “nesday Bri and put up ted the pla tel. That-1 robbed. ~¢ bed of $15 ver dollar, about $40 Ryan was Thursday, was going Sebastopol came out when ©. V Kite Robi with him, TH! “Tf that’s off the sta and you tell the . started in ber, whe Juan, ap with him Hotel “az land mer that he Constabl procured sion of searched were fo’ and cart goggles, bunch « and $2! ~~ Of his p' the sov he havi: year on Oe ae fied as . Lean. clothin upon . ] numbe! doubt, some 1 Whi subpe prisen fw fee of met ed aro out of door . Huck: who . . him He wi and b ett ti to thi ——_Fanel to es and Botk and . hill,

5 Sargent for a copy of a. decision of NEVADA CITY, CAL. ‘Sunday, April 7, 1872. GENERAL U. 8. GRANT. Subjoct to the decision of the National Re: publican Convention, Very Important Mining Deciston. We are indebted to Hon. A.-A. ye yuired,to be given by an applicanty; ments not less than one thousand ' gutention to apply for a patent, the _ aon of the party, to survey the premthe utmost importance to miners. The decision-was obtained at the request of Mr. Sargent, and in it the Commissioner has ruled that adverse claims, to have legal effect, must be filed within the ninety days notice for a mining patent. On account of its importance to miners we give it in au. ae DEPARTMENT o¥-THE INTERIon, WasHynoton, D. Ci, March 14th, 1872. Sir: I haye had unger consideration the appeal from your decision in the matter of the Flagstaff Lode in Utah Territory. The only ground on which you declined to issue a patent was, that certain sdverse claims had.been filed with the Register, after the expiration of the ninety days from the date of the published netice and before the approvol of the corrected survey. lt appears that the notice was published on the 4th day of June, 187); and one of the adverse claims was tiled-on the 28th day of. December, . 1871, andthe other on the 10th of January, 1872.. The original survey ‘was approved by the Surveyor General on the 18th of September, 1871. he corrected survey was. approved on the 18th of January, 1874. The original was not approved by the. Commissioner or Department, ‘because it did not conform, to the original application and diagram in. this, to wit: The.application aud diagram purported to start at a given course and distance from Mineral Monument. No. 4, and the survey at the same course and ‘distancefrom Mineral Monument No. 3. ‘fhe application and diagram represented the surface premises is extended from the discovery,shuft south 36 deg, west 1,200 feet, and north 36 east 1,400 feet. The survey represented the tract as extending from the discovery shaft south 49 deg. 39 min. east 1,:00 feet and north 45 deg. BY min. west 1,400 feet. There was then no evidence in the The Daily Transcript to the; proper office of five dollars per : dare, begether with the cost of such Jiled, It is much longer than publication is ease showing that Mineral Monument No. 3-and 4 were identical: Now that fact is clearly shown, aud it is ulso shown that the corrected survey corresponds with the original appheation and survey, and that the original survey covered the identical diseovery shaft now contained in the corrected survey, and that both the original and corrected surveys cover the identical discovery shaft set forth and included in the applicvtion and diagram. I state these facts for the purpose of showing that the adverse vluimants are net prejudiced by the filing of the corrected surveys, jor it covers the identical discovery shaft included in the original published notiee, which notice they disregarded, They did not file any adverse claim ‘wder it within ninety days from its publication, or at any time. If they could safely omit to file, under that notice, it seems to me that they can apply to do so under the present corrected survey. i The original survey was approved before any adverse claim was filed. ‘Ynat survey was not set aside. It ‘was ordered to be corrected. It may well be doubted whether it, as corrected, is such a new survey as would pam: the filing of an adverse claim tween the date of the approval of the original and the approval of the corrected survey, even admitting that tae law allowed adverse filings atany time before approval, and did not limit them to nmety days from tie publication of the notice. But does the law permit such adverse filings after the expiration of ninety days from the pubiication of the notice ? ae The 2d section of the mining act July 26th 1866, provides that the claimant wiio has previously occupied and amproved a vein or lode and expended in labor or improvedollars, shall file, in the local land office a diagram of the same, so extended, laterally, or otherwise, as to conform to the local laws, and that it shall be lawful for him to enter sach traet aiid receive a patent theretor. : i ‘The 3d section provides that ujion the tiling of the diagram, as provided in said second section, and posting tue same ina eonspicuous piace on tae claim, together with a notice of Megister of the Land Office shall puvlish a notice of the same ina newspaper published nearest to the location of suid:claim, and sha)l also }. 0st such notice-in his office for the period of ninety days; ‘and after the «xpiration of said period, if no adverse claim shall have been filed," (Lhese words seem clearly to require tae adverse claim to have been tiled peior to the expiration of the ninety dys’ notice) ‘at shall be the duty of tae Surveyor General, upon appiicaises and makea plat thereof, indorsed with his approval, designating the mumber and description of the locahvu, the value of the labor and improvements, and the character of the vein exposed; and upon the payment survey, plat and “notice, and giving satisfactory evidence that said dia+ grams have been posted on the ¢elaim during said period of ninety days, the Register of the Land Office shail transmit to the General Land Office, said plat, survey and description, and a patent shall issue therefor.” The plain meaning of this is, that the Register shall give the notice required for the period of ninety days, and that parties having adverse claims shall have the entire ninety days in which to file their claims and that upon the expiration of the ninety days; immediately upon 18 Sxpiration—the very next day. thereafter— if there have been no adverse claims the elaimant -shall—have the right to apply to the Surveyor-General for a survey, aud upon its being approved and the land paid for and the proper papers forwarded to the Commissioner, he shall be entitled to his patent. Ninety days are given in which to fileadverseclaims. ‘They must be filed within that. period. This is certainly a_reasonable notice. generally required by State laws, to bring in absent parties and acquire jurisdiction over important interests. Is this rule,. thus clearly stated, changed by the 6th section of the same act? That section provides, ‘That whenever any adverse claimants to any mine ‘located and claimed as aforesaid, shallappear, before the approval of the survey, a8 provided in the) third section of this act, all proceedings shall be stayed until final settlement and adjudication in the count of competent jurisdiction, of the debt/rhe Sk of possession to such claim, when a patent may issue as in other cases.”’ clare what shall-be done when an adverse claim has been fited:It is not to declare when an jadverse claim shall be filed. That had already been done in the third section. It recites that when ‘‘any. adverse claimants” .“shall appear before the approval of the survey, as _provided.1n the third section of this act,’’’ the a ull proceedings shall be stayed etc. . Of course it must be‘‘before the approval of the survey,’”’ if done in accordance with the third—section, tor that. section requires the adverse claims.to be filed within the ninety days, Any other construction would allow an adverse claim to be filed at any time before approval of the sutvey.” A survey might be in the main correct, but yet erroneous in description, or otherwise, in some slight particulars and yet, in sucha case, an adverse claim might be. filed which of itself would suspend the approval of the survey untilit was adjudicated. Another claim might be filed before SLL 2 ai ——————— _ Convicted. — Yesterday Madam Courtadé, was Leonvieted . before_Jastice—Relfe,-of keeping a house of prostitution. For a long time'past her house on Broad street has been a great nuisance, and itis hoped that the result of this conviction will prevent. it in! the future. : 4 of é District Court * V/In the District Court yesterday, the case of the Town of Grass Valley, against the Grass Valley Water company, was on trial. Dibble & Byrne appearing for plaintiff, and Judge Searls, and Williams &Johnson” for the defendant. The object_of the. suit is to break the contract for non compliance with the agreement_on the patt of the company. = —— 5 Ix Sutter county, the farmers are jubilant at the prospects of the grain . crop. They are calculating on ther largest crop of wheat ever harvested . Lin that county, and every indication . is favorable to the realization of their . expectations. ; eA are Elder Grant. A dispatch was received in this . Grant, stating that he would be here i on next Thursday evening. We un-. gaged for him on Friday night. _ Skating Rink. : ating Rink will be re-opened . to-morrow. For full particulars in regard to the sew armiigenicnts read . the: advertisement of B. Bullard in. this morning’s’ Traxscarptr. The Rink is in splendid condition and, ‘everything will be done for the com-) fort of the visitors. : i 4 Damage Done. ! A great deal of damage was done . by the recent hail storm at Newtown and vicinity. The grain was all} Yeveled to the ground, and the buds. on.all of the trees were knocked off. A Continent CoyERED wiTH IcE.— Prof. Agassiz comes tothe conclusion that the continent of North America was once covered with ice for a mile in thickness, thereby agreeing with Prof. Hitchcock and other eminent geological writers concerning the glacial period. . In proof of this .coneluthat was disposed of or the survey). approved, and thus adverse claims might lap over each other until it would be almost an impossibility for a claimant to be in a condition when he could demand an approval of his survey and the issuing of his patent. A construction which leads to such consequences ought not to prevail. Ihave concluded to adopt the one which requires the filing to be-made within the ninety days. Your decision is therefore reversed and the papers together with your letter of the 28th ult., herewith returned. Very respectfully ©. Detano, Secretary, Hon. Willis Drummond, Commissioner General Land Office. -< ><> sion, he says that the slopes of the Alleghany range of mountains are glavier worn tothe very top, except a few points which were above the level of the icy mass. Mount Washington, for instance, is over six thousand feet high, and the rough unpolished surface of its summit, covered with loose fragments just below the level of which glacier marks come to an end, tells that it lifted its’ héad alone above the desolate waste of ice and snow. In this region, then, the thickness of the ice cannot have been much less than six thousand feet, and this is in keeping with the same kind of Suocstne ‘Tracepy.—-A __ terrible tragedy occured in the village of Greenbush, opposite Albany, March 12th, near Highbridge, Aldrum’s crossing. On Second-avenue,Greenbush, there lived in a-small frame dwelling aman named Samuel Fargue, with his family, consisting of a wife and daughter, thé lat ing about 18 years old. About@ o'clock on the afternoon of the 12th two shots were heard in rapid succeesion, and shortly after Fargue was seen to pass into a wood shed back from the house, and the daughter came.screaming out of the front door. By this time several of theneighbors were attracted to the spot, On entering, Mrs. Fargue was found lying on the front room floor stone dead, having been shot through the head.— Struggles were heard in’ the shed which Fargue was seen to enter, and on proceeding thither a most horribie spectacle was witnessed, Fargue was found lyiig writhing about on the floor, with éne hand clasping a jagged, rusty old jack-knife, while from a gash in his throat the blood was spurting out in a miniature torrent. Blood was spattered all over the sides and fleor of the shed, even running in a little rivulet out in the yard, Soon after being discovered his struggles ceased and he was dead: Fargue, who was a shiftless sort of a character, had become degraded. He had been out of work seme days past and, in an altercation with his wife, seized a revolver lying near and shot her. He then tired at his daughter, but missed*her; then to the shed he ended his own life: as above stated. . iaaitai Tur eale-ofvarms investigation and the -navab’ investigation progress wy: raga. .4abe194 , . e was discovered by the polite: ” evidence in other parts of the country; for when the “mountains are much below six thousand feet, the ice seems to have passed directly over them, while the few peaks rising to that héight are leftuptouched. The glacier, he argues, God’s great plough, and when the ice. vanished from the face of the land, it left it prepared for the husbandman. The hard surface of the rocks were ground to powder, the elements of the soil were mingled in fair propor tions, granite was carried into lime regions, lime was mingled with the more arid and unproductive. granite districts, and a soil was prepared fit for the agricultural uses of man. There are evidences all over the popular regions to show that’at one pe riod the heat of the tropics extended all over the globe. The ice period is supposed to be long subsequent to this, and next to the last before tle adyent of man. V4 A Heavy Bricx.—The Grass Valley Republican tells of a gold brick weighing 529 ounces, which made its appearance at Delano’s banking house yesterday. It came from the Empire mine, and was valued at $8,900. It wasthe product of less than a month’s run> Giant powder is being used at the Empire now. Tue persons killed by railroad accident on the West Pennsylvania Railroad, March 22d, were Mrs. . Amanda Hartman of Chicago, and more, es Some persons attempted to set fire . { Paper and wood saturated with kero-. every Hunday_morning ahd evening,-at the _. Sehool at 2, and Vespers at 734 P. u. Rev. Hi Lock, who made an assault upcity, yesterday, from Elder Miles . ‘were $206. . penses Isaac Josephus, a jewelry, of Balti> . : Preaching Sunday. Services-in the Congregational Church,

usual boars of worship. Sabbath School immediately after morning service. Rev. E. HaHeday, Pastor. ae Episcopal services at the Court House ev-’ ery Sunday morning a 11 o'clock, by Rev. “Mr: Anderson. QUICK SALES AND SMALL Divine Services at the Catholic Church Sunday morning at 10% o'clock. Sabbath Father Claire, Pastor. Divine services will be held at the A. M. E. Church Sunday morning at l1_ o'clock. Services in the evening at 74s o'clock Services at the Baptist Chureh, morning + and evening at the usual hours of worship Rev. J. A. Wirth, pastor. Divine Services will be held in the Methodist Church, Sunday morning at 11 o'clock and in the evening at 7% o’elock, Sabbath = + ey Fs ~ ; a aS oS 5 Sy sm rn angi gpeatec Pee er ‘ School at 2o’clock, Pp. mw Rev. Stump HAS just OPENED : Pastor. Arrest of Hi Leck. on Ah Loon with a hatchet, on Wednesday morning last, was arrested yesterday morning by Marshal Getchell and placed in jail, He was afterwards brought before Justice Rolfe’ and ordered to appear for examinaj tion this morning at‘10 o'clock. ——+—— ee Receipt of Colored Festival. The committee of arrangements who had ¢ the benefit of the A.M. E. Church, After paying all exthey cleared $90. i Remoyal. (. TremasShartieff-is removing his stock of groceries tothe store on the corner of Commercial and Pine streets, opposite Nathan & Miller’s clothing store, and formerly: ocenpied by Scieutti, where he will keep on hand a new and choice stock of fam. . ily groceries. i High “Mass. There willbe high mass at. the Catholic Church, this morning at 104% o'clock. Father Rooney. Music by the choir, under the leadership of C. H. Chase, organist. Sunday schoolat 2 o’clock. Parents of the school will please take notice that the children are preparing for confirmation. It is expected that Bishop O’Connell will be in this city to performing this rite about the first ef May. New Firm. M. Murber has gone into co-partnership with 8. M. Timmons in_ the meat market business, on Commercial street. They will keep constantly on hand all kinds of meats, vegetables, eggs ete, Give thema call FORRESTELLE COMBINATION TROUPE! Z AT NEVADA THEATRE, Tuesday and Wednesday Eve'gs April 9th and 10th, ists : MAD’E FORRESTELLE, The world renowned FEMALE CONTORTIONIST, in her Great Original:.Acts, BOX PACKING FEAT, secreting herself in a Box 22 inches square ; the GREAT RING TRICK, passing her body through & Ring 12 inches in diameter; Great Stone Breaking Feat—breaking a 200 Ib. “Stone on her breast, MISS LULU SUMMERS, California Favorite, Queen of Melody. TOMMY ROSA, the Great Ethiopian Comedian. GUS. SPRAGUE, Acrobatic and Negro Delineator. Master FORREST, Champion Clog, Dancer, late of Tony Pastor’s Opera Mouse New York, and GUS. KARRACK, in his celebrated Banjo Solos. Don’t fail to go and see these celebrated Performers. _ Doors open at 7 o’clock, performance commences at 8, ap7 Roller Skating Assemblies. —aT THE— NEVADA SKATING RINK. 8 hee Nevada Skating Rink will re-open ye MONDAY, April 8th, ‘Every Forenoon the Rink will be opened from 94 to 120’clock. A gentleman will be in attendance to teach all who desire to learn te cate, Admission free, use of skates 25 Every Afternoon from 3 o’clock till 5,— Admission, includin Skates 3s gy #2 The open only Monda: Wetkesiay aod Saturday ecntnen from 7 to 10 e’cleck. Admission — Gentlemen 25 cents : use of Skates 25 cents. Ladies, ipcluding Skates 25 cents, Gentleman and Lady, admission and use of Skates 50 cts. B. BULLARD, Proprietor Nevada, April 5th. ds oa MM. MURBEB. oxo E CTION OF MAIN AND CO y CIAL STREETS, NEVADA CITY.' Always on hand the best of 8. M. TIMMONS. Eggs, Butter and Vegetables. Which will be sold cheap forcash. : lean at our Market will be delivered to any Part of the city free of ge of the festival for. . LARGEST, Services by Rev. hag Company, is composed of the follow: ing Talented } maurr-. ~ Marseilles Quilts. to the University Hall at Harvard . : THE BLOCKADE ed PROFITS 18 MY MOTTO. A. GOLDSMITH, . N BROAD STREET, NEVADA CITY; = oS ONE HUNDRED CASES FINEST ASSORTMENT —OF— DRY GooDS EVER EXHIBITED IN NEVADA! ed The Stock was selected , -R . OH, NO! What theniis the cause of the tumultuous uproar which is spread. ing over Nevada county? : Keep Cool and we will tell you!The Earthquake shocks . and Robberies are not creating half as much excitement and consternation among the people astheNew Goods Which have just been received at +ROSEINBERG’S and it cannot be excelled! — The Stock is the RICHEST, And the CHEAPEST! Ever seen on this Coast ! The Stock is the most COMPLETE AND VARIED IN THE STATE. and as I propose to sell my Goods at the Very Lowest Figures. I only desire the people to visit my place, and Let the Best stand upon its merits for Cheapness, Quality and General Assortment of Goods. ee wa” I desire to call attention toa few articles which I have just opened, as follows; Satin Barbouns, all colors, Silk ‘Poplins and Silks. ~ Gros de Landres. Belgian Repps. _ Tannis Cloth, English Lustres. Foulards. Japanese Silks and Poplins. Sprague’s and Merrimac Prints 1000 different paterns. Black Prints. Print, Chambrie, &c. New Styles of Striped Shawls. New Styles of Trimmings and Embroideries, Hosiery, all of the latest styles, , Domestic Goods, all description and qualities from 4-4 to 11-4, bleached and unbleached. Linens of all description. test style Hats, Flowers, &c. line of 3-ply, Brussels, Tapestry and all kinds of Matting. _ Lace ' ‘Ribbon Sashes, of all kinds, Table Linen of ‘all description. And 1,000 more Novelties too . -& Gonpsmrre, expressly for this. market . . Marseilles, Shirting Linens and COMMERCIAL STREET, Opposite Masonic Hall, Nevada City. 3 —_—_— Nothing Equal to IT! In point of magnificence, quality and prices, > Rosenberg & Bro's 1yitt ootee Stock is unapproachable ! Scones Where can you buy Dry Goods the Cheapest ? Answer, ‘ At ROSENBERG BROS. Where can you buy Fine Domestic Goods the Cheapest ? Asa matter of course, at ROSENBERG BROS. Where can you buy the most elegant Dress Goods . At ROSENBERG BROS. Where can you buy yourself rich ? At ROSENBERG BROS, . . Where can you get the best and the Cheapest, Carpets,’ ® Oil-Cloths, Mattings, Shawls, Pique, ‘Silks, Satins, Ladies and Misses Shoes, Embroideries, Trimmings, Hesiery, Table Linen, Towels, Napkins, Merrimac Prints, Sprague’s Prints, Marseilles, Repps, . Quilts, Chambrie, Fringes, Lace Collars, Flowers, Sashes, Hats, &e. &e. And the invariable reply will-be 16, Commercial Street: _ We have the Largest, Best and the Cheapest Stock of Goods t be found in the State ! . -We are determined not to be The Dai NEVADA ——— LOCA! arrest of the # His D “On Friday ' Guckins, Con Juan, lodged man who give and who has € ‘Ying the ma ridge during have here the TRANSCRE regard to the ~gited to ei which we are Huckins and North San d Brady made HIS F At French € that night. sé Lewis’ Hot wereentered ed with false keys out of . had been ust fifteen or tw stolen from but nothing ‘Monday an be a pal of . And stoppe and on tha was entere . bed of abou “nesday Bri and put up ted the pla tel. That-1 robbed. ~¢ bed of $15 ver dollar, about $40 Ryan was Thursday, was going Sebastopol came out when ©. V Kite Robi with him, TH! “Tf that’s off the sta and you tell the . started in ber, whe Juan, ap with him Hotel “az land mer that he Constabl procured sion of searched were fo’ and cart goggles, bunch « and $2! ~~ Of his p' the sov he havi: year on Oe ae fied as . Lean. clothin upon . ] numbe! doubt, some 1 Whi subpe prisen fw fee of met ed aro out of door . Huck: who . . him He wi and b ett ti to thi ——_Fanel to es and Botk and . hill,