California State University, Monterey Bay Digital Commons @ CSUMB Land Pamphlets California Land Pamphlets 4-11-2018 Miscellaneous Land Pamphlets - 1871 - The Julian Mines Follow this and additional works at: https://digitalcommons.csumb.edu/hornbeck_usa_5_b Part of the Arts and Humanities Commons, Education Commons, Law Commons, and the Social and Behavioral Sciences Commons Recommended Citation "Miscellaneous Land Pamphlets - 1871 - The Julian Mines" (2018). Land Pamphlets. 11. https://digitalcommons.csumb.edu/hornbeck_usa_5_b/11 This Document is brought to you for free and open access by the California Land Pamphlets at Digital Commons @ CSUMB. It has been accepted for inclusion in Land Pamphlets by an authorized administrator of Digital Commons @ CSUMB. For more information, please contact [email protected]. btorma a the State Library, Buffer the Governs* of F,om «n .40* ,«««« passed March 8th, 1861. register of shall cause to be kept a Section 11 'librarian and all books taken autriued J%; oi **£^*iat tne ciosc . , 2. „.. ?Wrrffv-or« shall be returned of the Le e taken ;°; to return any book ^^n e^^t In the to the Librarian tor l2ZlZ^Z:*W®%W and b three tin.es *«* Jre rrJl ™«M ^g. any n his warrant nrttgraf ™ the Controller shall issue of this State of the Legislature, or ^fajgj^ officer oi officer be satisfied that suchMgr ^ he shall ance or salary, b^rm, and has STSSRa books taken out of the Library or otherwise. accounts for injuring such books settled all members taken from the Library by the SfC 15 Books may be during the session of the same Legislature and its officers of the Executive Governor and the officers of the and at any time by the required to keep their offices at D ment of thi State, who are U Supreme Court, the government, tbe Justices of the I The sei o" Library. ' the Attorney-General, and the Trustees of £> ^-& s \ ,. CONTESTANTS. Ex.Gr J. A.R tl* oflldnl m I ,„„,.„. -.ri./o' jorreet oo;,y of a ,mrtioo of and - San THtgo Cmnijl, California. «.' ouulc by w, .4. D, 1811, r s of / •./' County. Jutuit 3rd, tfr, : ,r. by tki Board Suptrviaon of sai.l ) i, H d SUM)' , ^'iT"Z^''^[i'' dr. 4 fr/U^ THE JULIAN MINES EXCEPTIONS TO THE SURVEY OF THE CUYAMACA GRANT. Before trie Surveyor-General of trie United States, for California. San Francisco: A. L. BANCROFT & COMPANY, Printers and Lithographers. EXCEPTIONS TO SUEYET. United States of America, State of California. Before the V. S. Surveyor-General for California. EXCEPTIONS OF MINERS AND SETTLERS UPON THE SURVEY OF THE RANGHO OF CUYAMACA. Charles Fox, Mark Garrett, I. H. Bush, Kobert Leslie, H. H. Warren, F. B. Eice, Edward Flanagan, J. B. Wells, Hall Medlin, J. M. Jackson, and many others, Miners and Settlers, citizens of the county of San Diego and State afore- said, respectfully except and object to the approval of the survey of the rancho of Cuyamaca heretofore made by James Pascoe, Esq., U. S. Deputy Surveyor, and now on * file in the office of said Surveyor General : Because said survey is contrary to the decree of confirma- tion in the case of said rancho of Cuyamaca, and includes lands which are beyond the exterior limits of said rancho, and to which lands exceptants are entitled, under Acts of the Congress of the United States. And in support of this said exception, we will rely upon accompanying exhibits, marked from No. 1 to No. 27. AA., FF., and other exhibits heretofore filed in the office of said Surveyor General, and designated according to the list, by letters and figures hereunto annexed. This January 2, 1871. Benj. Hayes, Attorney for Exceptants. *U. S. Surveyor General's Office, San Francisco, California, October 3, 1870. Notice.— In compliance with the first section of an Act of Congress, approved July 1st, 1864, regula- ting surveys of Private Land Claims, notice is hereby given that the following surveys thereof have been made, viz : Rancho Cuyamaca—Finally confirmed to Agustin Olvera: surveyed by James Pascoe, Deputy Surveyor, June, 1870, containing 35,525 19-100 acres. The plats will be retained in this office, subject to inspection, for ninety days from the date hereof. SHERMAN DAY, V. S. Surveyor General. October 4— (publication.) [4] PART L First Testimony—Filed January 2, 1871. (Contestants' Exhibit I.) Exhibit No. —Affidavit of James McMechan. Exhibit No. - " " Charles Fox. Exhibit No. - " " Mark Garrett. Exhibit No. - " " David B. Hoffman. Exhibit No. - " " Isaac H. Bush. Exhibit JSTo. - " " Lewis Branson. Exhibit No. - " " Bobert Leslie. Exhibit No. - " " H. H. Warren. Exhibit No. - " " F. B. Bice. Exhibit No. 10 - " " Edward Flanagan. Exhibit No. 11 - " " J. B. Wells. Exhibit No. 12 - " " Hall Medlin. Exhibit No. 13 - " " J. M. Jackson. Exhibit No. 14 —Certificate of Geo. A. Pendleton, Clerk. Exhibit No. 15 —Affidavit of Douglass Gunn. Exhibit No. 27 —Certificate of Mining Locations. Exhibit No. 28 - " " Mining Laws. Exhibit AA —Certified copy of Diseno & Estudillo's certificate. Exhibit No. 16. —Affidavit of Jose" Antonio Serrano. Exhibit No. 17. - " " Moses Manasse. Exhibit No. 18. - " " John W. Mulkins. Exhibit No. 19. —A Section of Private Grants, etc. Exhibit No. 20. - " " San Vicente Bancho. Exhibit No. 21. -Affidavit of P. W. Smith. Exhibit No. 22. - " " James Mc Coy. Exhibit No. 23. - " " Geo. McKinstry. Exhibit No. 24. - " " Jasper Gleason. Exhibit No. 25. - " " George A. Selwyn. Exhibit No. 26. - " " Jose Machado. Exhibit FF. —Plat of Survey by Charles J. Fox. Second Supplementary Testimony—Filed March 31, 1871.* Affidavits of Joseph S. Manasse, E. W. Morse, Benjamin Hayes, Charles J. Fox, Samuel Ames, Gabmo Aguilar, Vi- cente Bomero, A. Uback. Extension fob Proofs.—Before the U. S. Surveyor General for the State of California. The United States vs. Agustin Olvera, Land Commission, No. 375, "Cuyamaca." District Court, No. 124. Pending on Exception to final survey. Time is extended to the claimant and owners to the 1st day of April, a. d. 1871, to close their proofs, in reply to that of the protestant. February 27th a. d., 1871. J. K. HAKDENBERGH, U. S. Surveyor General. I hereby extend the time to the contestants to April 5th, 1871. J. R. HARDENBERGH, TJ. S. Surveyor General. March 7th, 1871. (Part II—Contestants' Exhibit No 6.) : : [5] EXHIBIT NO. 1. AFFIDAVIT OF JAMES m'MECHAN. In Julian Mining District I have a quartz mill, with the capacity of crushing a ton of rock per hour. There are two other quartz mills in operation. Said district has about one hundred houses and five hun- dred inhabitants; there is abundance of pine and oak timber. Work to the value of $1,000 has been done on each of the following mining claims San Diego No. 1, Owens, Hayden, Washington, Califor- nia, Yan Wirt, High Peak, Andy Johnson, Gilman, Moni- tor, Eagle, Horse Shoe Bend, Lone Star, Bough and Beady, North America, Shamrock. Charles Fox, one of the owners of San Diego Ledge No. 1, is not the person named Charles J. Fox, Civil Engineer. EXHIBIT NO 2. affidavit of chaeles fox. State of California, r County of San Diego, Charles Fox, being first duly sworn to tell the truth, the whole truth, and nothing but the truth, deposes and says My name is Charles Fox; my age is forty-six years; I am a miner; I am a citizen of the United States of America; I reside in the county of San Diego and State of California; I am one of the original locators and owners of that certain vein or lode of gold-bearing quartz rock, in extension of two ' thousand two hundred feet, known by the name of ' San Diego No. 1 Ledge," situated in the Julian Mining District, in said county, in section number thirty-two of township number twelve and range number four east of the San Ber- nardino meridian. Said location was made on March 2d, A. D. 1870, according to the local mining laws of said dis- trict, by myself, together with the following named other persons, to wit : John Chambers, John Engelhardt, James M. Dye, Bobert Bailey, M. Campbell, A. B. Wood, Mark Garrett, J. C. Clark, Lawrence Hamner, James Herkimer, T. B. Durden, and Thomas Sherman, all of whom are citi- zens of the United States, except James Herkimer. Due notice of said location was given, and due record thereof made, and said owners are in quiet, peaceable and exclusive possession of said ledge and mining claim; and they have [6] expended thereon in actual labor and improvements the sum of money of oyer one thousand dollars; and have occu- pied and improved said mining claim, according to the local laws and customs of said district, in all respects, with a shaft and drift; my interest therein being the quantity of one hundred and eighty and five-ninths feet. Said mining claim is not within the lines of any Mexican grant, but is public land of the United States, according to the best knowledge and belief of deponent; and for himself and his said associates, exception is hereby expressly made to that certain survey of Cuyamaca rancho made by James Pascoe, United States Deputy Surveyor, and now on file and pend- ing, as heretofore advertised, in the office of the Surveyor- General of the United States for California; and in support of this exception, deponent relies upon the survey of said rancho of Cuyamaca and its vicinity, including said Julian Mining District, made in July, 1870, by Charles J. Fox, herewith filed, and affidavits and other documentary proof accompanying. Chaeles Fox. Subscribed and sworn to before me, Thomas H. Bush, County Judge of said county and ex-officio Judge of the County Court thereof, duly commissioned and sworn, on this fifth day of December, A.