shall be paid to the said State for the purpose of making and improving public roads, constructing ditches or canals, to effect a general system of irrigation of the agricultural land in the State, as the legislature shall direct. Laws of the SEC. 11. And be it further enacted, That from and after the admission United States of the said State of Nevada into the Union, in pursuance of this act, the made applicable. laws of the United States, not locally inapplicable, shall have the same force and effect within the said State as elsewhere within the United Judicial dis- States, and said State shall constitute one judicial district, and be called the district of Nevada. trict. July 2, 1864. Oct. 31, 1864. Nevada admit Union. No. 2424.-AN ACT making appropriations, &c. [Nevada and Idaho to be part of surveying district of Colorado. See COLORADO, No. 2172.] No. 2425.-A PROCLAMATION by the President of the United States of Whereas the Congress of the United States passed an act, which was approved on the 21st day of March last, entitled "An act to enable the people of Nevada to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States;" And whereas the said constitution and State government have been formed, pursuant to the conditions prescribed by the fifth section of the act of Congress aforesaid, and the certificate required by the said act, and also a copy of the constitution and ordinances, have been submitted to the President of the United States: Now, therefore, be it known, that I, Abraham Lincoln, President of ted into the the United States, in accordance with the duty imposed upon me by the act of Congress aforesaid, do hereby declare and proclaim that the said State of Nevada is admitted into the Union on an equal footing with the original States. (a) Feb. 23, 1865. Preamble. Title to certain tained for a branch mint. In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. Done at the city of Washington this thirty-first day of October, in the year of our Lord one thousand eight hundred and sixty-four, and of the Independence of the United States the eighty-ninth. [L. S.] By the President: WILLIAM H. SEWARD, Secretary of State. (a) See Nos. 2341, 2416, 2417, 2422, 2423, 2428. ABRAHAM LINCOLN. No. 2426.-JOINT RESOLUTION to enable the Secretary of the Treasury to obtain the title to certain property in Carson City and State of Nevada, for the pur poses of a branch mint located in said place. Whereas the Secretary of the Treasury of the United States, in order to carry into effect an act entitled "An act to establish a branch mint of the United States in the Territory of Nevada," approved March third, eighteen hundred and sixty-three, has purchased of Moses Job and Margaret, his wife, and James L. Riddle, the preemptors and occupants thereof, certain city or town lots in said Carson City, together with all the valuable improvements thereon; and whereas it is highly impor tant for the interest of the Government to obtain, at an early day, the use and possession of said property, to establish and open said branch mint: Therefore, Resolved, &c., That the Secretary of the Treasury be, and he is hereby, real estate in Car- authorized to receive and accept from said Moses Job and Margaret, son City to be ob- his wife, and James L. Riddle, such relinquishments and conveyances of their right and claim to said lots and property as he, the said Secretary, shall deem sufficient for the extinguishment of any claim, right, or title which the said Moses Job and Margaret, his wife, and James L. Riddle may or can have thereto; and said lots and property shall thereafter be reserved from public sale, preemption, or homestead settlement, and shall remain the property of the United States. No. 2427.-AN ACT making appropriations for the legislative, executive, aud judicial expenses of the Government for the year ending June thirtieth, eighteen hundred and sixty-six, and additional appropriations for the current fiscal year. March 2, 1865. Vol. 13, p. 445. Nevada in Ocluded in survey. ing district of SEC. 3. And be it further enacted, That from and after the passage of this act, the public lands in the State of Nevada shall, for surveying California. purposes, be attached to and included in the surveying district of California. (a) (a) See Nos. 2172, 2346, 2348, 2417, 2418, 2419, 2424, 2430. May 5, 1866. VOL. 14, p. 43. No. 2428.-AN ACT concerning the boundaries of the State of Nevada. Be it enacted, &c., That, as provided for and consented to in the constitution of the State of Nevada, all that territory and tract of landBoundaries of adjoining the present eastern boundary of the State of Nevada, and Nevada. lying between the thirty-seventh and the forty-second degrees of north latitude and west of the thirty-seventh degree of longitude west of Washington, is hereby added to and made a part of the State of Nevada. SEC. 2. And be it further enacted, That there is hereby added to and made a part of the State of Nevada all that extent of territory lying within the following boundaries, to wit: Commencing on the thirtyseventh degree of north latitude, at the thirty-seventh degree of longitude west from Washington; and running thence south on said degree of longitude to the middle of the river Colorado of the West; thence down the middle of said river to the eastern boundary of the State of California; thence northwesterly along said boundary of California to the thirty-seventh degree of north latitude; and thence east along said degree of latitude to the point of beginning: Provided, That the terri- State to give its tory mentioned in this section shall not become a part of the State of assent. Nevada until said State shall, through its legislature, consent thereto : And provided further, That all possessory rights acquired by citizens of Possessory the United States to mining claims, discovered, located, and originally rights to mining recorded in compliance with the rules and regulations adopted by claims to remain miners in the Pah-Ranagat and other mining districts in the territory incorporated by the provisions of this act into the State of Nevada shall remain as valid subsisting mining claims; but nothing herein contained shall be so construed as granting a title in fee to any mineral Title in fee not lands held by possessory titles in the mining States and Territories. (a) granted. (a) See Nos. 2341, 2416, 2417, 2422, 2423, 2425. valid. No. 2429.-AN ACT to grant the right of way to the "Humboldt Canal Company" through the public lands of the United States. June 12, 1866. Right of way Be it enacted, &c., That the right of way for a canal through the public lands of the United States lying in Humboldt County, State of Nevada, through public and the use of the land for tow-paths, cuttings, and embankments, to lands granted to the extent of fifty feet on each side of the center of the canal, shall be, Humboldt Canal and is hereby, granted to the Humboldt Canal Company: Provided, Company. That in cases where deep excavation or heavy embankment is required, such greater width, not exceeding two hundred feet, may be taken by said company as may be necessary. Proviso. flowed to create a reservoir. SEC. 2. And be it further enacted, That, in order to create a reservoir Certain public for said company sufficient to feed said canal in all seasons, said com- lands may be pany shall be, and is hereby, authorized, by a dam across the Humboldt River, at such point at or near the gap in the Fremont range of mountains through which said river passes, to flow so much of the public lands above said dam as may be required for the purpose of said reservoir. SEC. 3. And be it further enacted, That there shall be, and is hereby, Sites for waste. granted to said company the necessary sites along said canal for waste- gates, mill-sites, gates, mill-sites, depots, and other uses of said canal, so far as places depots, &c. convenient for the same fall upon the public lands, and also the privilege of discharging the waste waters of said canal over any public lands into the said Humboldt River, at such places as may be suitable for that purpose: Provided, That the proper officers of said company shall trans- Proviso. mit to the Commissioner of the General Land Office a correct plat of Plan of loca the survey and location of said canal, and of the sites needed for mills, sent' tion, &c., to be depots, waste-gates, and other uses of said canal, before the appropri- Land Office. to General This grant to tion thereof for said uses shall become operative: And provided further, cease, &c., un- That unless thirty miles of said canal shall be excavated within one less, &c. year, [and] the whole within three years, from the date hereof, the grants hereby made shall cease and determine: And provided further, That if said canal shall at any time after its completion be discontinued or abandoned by said company, the grants hereby made shall cease and This grant not determine, and the lands hereby granted shall revert to the United to interfere with States: And provided further, That nothing in this act shall be so conany railroad com. strued as to interfere with any grant of the right of way and of public lands heretofore made to any railroad company. former grants to pany. July 4, 1866. No. 2430.—AN ACT concerning certain lands granted to the State of Nevada. Vol. 14, p. 85. Be it enacted, &c., That the appropriation by the constitution of the Appropriation State of Nevada to educational purposes of the five hundred thousand by Nevada of acres of land granted to said State by the law of September fourth, tional purpose s eighteen hundred and forty-one, for purposes of internal improvement, confirmed. is hereby approved and confirmed. (a) land for educa For an agricul tural college. Lands granted SEC. 2. And be it further enacted, That land equal in amount to for a university. seventy-two entire sections, for the establishment and maintenance of a university in said State, is hereby granted to the State of Nevada. (b) SEC. 3. And be it further enacted, That the grant made by law of the second day of July, eighteen hundred and sixty-two, to each State, of land equal to thirty thousand acres for each of its Senators and RepreTheory and sentatives in Congress, is extended to the State of Nevada; and the practice of min- diversion of the proceeds of these lands in Nevada from the teaching of ing may be agriculture and inechanic arts to that of the theory and practice of taught. mining is allowed and authorized without causing a forfeiture of said grant. (c) Surveyor-gen SEC. 4. And be it further enacted, That the President of the United eral for Nevada. States, by and with the advice and consent of the Senate, shall be, and he is hereby, authorized to appoint a surveyor-general for Nevada, who Location of shall locate his office at such place as the Secretary of the Interior shall office. Lines of sub from time to time direct, whose compensation shall be three thousand dollars per annum, and whose duties, powers, obligations, responsibilities, and allowances for clerk hire, office rent, fuel and incidental expenses shall be the same as those of the surveyor-general of Oregon, under the direction of the Secretary of the Interior, and such instructions as he may from time to time deem it advisable to give him. SEC. 5. And be it further enacted, That in extending the surveys of the divisions may be public lands in the State of Nevada, the Secretary of the Interior may, changed from in his discretion, vary the lines of the subdivisions from a rectangular rectangular. form, to suit the circumstances of the country; but in all cases lands Mineral lands valuable for mines of gold, silver, quicksilver, or copper shall be re reserved. entry, &c., until served from sale. (d) Public lands SEC. 6. And be it further enacted, That until the State of Nevada shall in the State not have received her full quota of lands named in the first, second, and to be subject to third sections of this act, the public lands in that State shall not be the State has her subject to entry, sale, or location under any law of the United States, full quota. or any scrip or warrants issued in pursuance of any such law except the homestead act of May twentieth, eighteen hundred and sixtytwo, and acts amendatory thereto, and the acts granting and regalating pre-emptions, but shall be reserved exclusively for entry by the said State for the period of two years after such survey shall have been Mode of se- made: (e) Provided, That said State shall select said lands in her own lecting and disname and right, in tracts of not less than forty acres, and dispose of the posing of lands by the State. same in tracts not exceeding three hundred and twenty acres, only to actual settlers and bona-fide occupants: And provided further, That City and town city and town property shall not be subject to selection under this act: property. And provided further, That this section shall not be construed to interVested rights fere with or impair rights heretofore acquired under any law of Con not affected. No. 2431.-AN ACT granting to A. Sutro the right of way, and granting other privileges to aid in the construction of a draining and exploring tunnel to the Comstock lode, in the State of Nevada. July 25, 1866. Be it enacted, &c., That, for the purpose of the construction of a deep Right of way draining and exploring tunnel to and beyond the "Comstock lode," so granted to A. Sucalled, in the State of Nevada, the right of way is hereby granted to to, & to construct a mining, A. Sutro, his heirs and assigns, to run, construct, and excavate a mining, &c., cunnel, &c. draining, and exploring tunnel; also to sink mining, working, or air shafts along the line or course of said tunnel, and connecting with the same at any point which may hereafter be selected by the grantee herein, his heirs or assigns. The said tunnel shall be at least eight feet Dimensions of high and eight feet wide, and shall commence at some point to be tunnel, where to selected by the grantee herein, his heirs or assigns, at the hills near commence, &c. Carson River, and within the boundaries of Lyon County, and extending from said initial point in a westerly direction seven miles, more or less, of public land at sale. to and beyond said Comstock lode; and the said right of way shall ex- Right of way tend northerly and southerly on the course of said lode, either within to extend norththe same, or east or west of the same; and also on or along any other erly and southerlode which may be discovered or developed by the said tunnel. ly, &c. SEC. 2. And be it further enacted, That the right is hereby granted to A. Sutro may the said A. Sutro, his heirs and assigns, to purchase, at one dollar and purchase not twenty-five cents per acre, a sufficient amount of public land near the over two sections mouth of said tunnel for the use of the same, not exceeding two sections, mouth of tunnel, and such land shall not be mineral land or in the bona-fide possession of for use thereof. other persons who claim under any law of Congress at the time of the Not to be minpassage of this act, and all minerals existing or which shall be discovered eral lands, &c. therein are excepted from this grant; that upon filing a plat of said Upon filing land the Secretary of the Interior shall withdraw the same from sale, plat, land to be and upon payment for the same a patent shall issue. And the said A. withdrawn from Sutro, his heirs and assigns, are hereby granted the right to purchase, Patent to issue. at five dollars per acre, such mineral veins and lodes within two thousand Certain mineral feet on each side of said tunnel as shall be cut, discovered, or developed veins and lodes by running and constructing the same, through its entire extent, with may be purchasall the dips, spurs, and angles of such lodes, subject, however, to the provisions of this act, and to such legislation as Congress may hereafter provide: Provided, That the Comstock lode, with its dips, spurs, and Comstock lode, angles, is excepted from this grant, and all other lodes, with their dips, &c., and certain spurs, and angles, located within the said two thousand feet, and which other lodes excepted from this are or may be, at the passage of this act, in the actual bona-fide pos- act. session of other persons, are hereby excepted from such grant. And the lodes herein excepted, other than the Comstock lode, shall be with- Lodes to held from sale by the United States; and if such lodes shall be aban- withheld from doned or not worked, possessed, and held in conformity to existing min- sale. ing 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 herein, his heirs or assigns. ed. be on Comstock or SEC. 3. And be it further enacted, That all persons, companies, or cor- Owners of porations owning claims or mines on said Comstock lode or any other claims or mines lode drained, benefited, or developed by said tunnel, shall hold their other lode, beneclaims subject to the condition, (which shall be expressed in any grant fited by the tunthey may hereafter obtain from the United States,) that they shall con- nel, to hold tribute and pay to the owners of said tunnel the same rate of charges claims subject, for drainage or other benefits derived from said tunnel or its branches, as have been, or may hereafter be, named in agreement between such owners and the companies representing a majority of the estimated value of said Comstock lode at the time of the passage of this act. (a) (a) See No. 2434. &c. No. 2432.-AN ACT to further provide for giving effect to the various grants of pub- June 8, 1868. lic lands to the State of Nevada. Vol. 15, p. 67. Be it enacted, &c., That the State of Nevada is authorized to select the Selection of alternate even-numbered sections within the limits of any railroad grant lands by Nevada within railroad in said State, in satisfaction, in whole or in part, of the several grants made in the following acts of Congress, to wit: the act organizing the grants by Con Territory of Nevada, passed March second, eighteen hundred and sixtyone; the act admitting the State of Nevada into the Union, passed March twenty-one, eighteen hundred and sixty-four; and the act concerning certain lands granted to Nevada, passed July fourth, eighteen gress. minimum price Pre-emption hundred and sixty-six: Provided, That this privilege shall not extend and homestead. to lands upon which there may be rightful claims under the pre-emp Land taken at tion and homestead laws: And provided, That if lands be selected, the of $2.50 per acre minimum price of which is two dollars and fifty cents per acre, each to equal two acre so selected shall be taken by the State in satisfaction of two acres, acres at $1.25 per the minimum price of which is one dollar and twenty-five cents per Certain selec. acre: And provided further, That the lands granted in the eighth and tions when to be ninth sections of the said act admitting Nevada into the Union shall be selected within four years from the passage of this act, and the period for the selection of said lands is hereby so extended. (a) acre. made. Agricultural college lands. Land district created. office. SEC. 2. And be it further enacted, That the lands known and desig nated for the establishment of an agricultural college by the act of July second, eighteen hundred and sixty-two, and the acts amendatory thereto, shall be selected in the same manner and of the same character of lands as may be selected in satisfaction of any other grants referred to in the first section of this act. But this act shall not authorize the selection of lands valuable for mines of gold, silver, quicksilver, or copper. (b) SEC. 3. And be it further enacted, That the county of Esmeralda, in the State of Nevada, and the counties of Mono and Inyo, in the State of Location of California, are hereby created a land district; and the land office for such district shall be located at Aurora, in Esmeralda County; and the Boundaries President shall be authorized hereafter, from time to time, as circumand locations of stances may require, to adjust the boundaries of any and all of the land land office may districts in said State, and change the location of the land office from time to time, when the same shall be expedient. (c) be changed. Feb. 24, 1871. April 4, 1871. Sutro tunnel in * * (a) See Nos. 2417, 2423, 2430, 2439. (b) See Nos. 2430, 2436. (c) See Nos. 2421, 2435. No. 2433.-AN ACT to provide for the disposition of useless military reservations. [Military reservation at Camp McGarry to be sold. See WASHINGTON TERRITORY, No. 2305.] No. 2434.-AN ACT authorizing the President to appoint commissioners to examine and report upon the Sutro tunnel in the State of Nevada. Be it enacted, &c., That the President of the United States is hereby to examine and authorized and requested to appoint a board of three commissioners, report upon the two of whom shall be officers of engineers of the Army and one a mining or civil engineer, to examine and report upon the Sutro tunnel in the State of Nevada, authorized to be constructed by an act of Congress approved July twenty-five, eighteen hundred and sixty-six, with Report of com- special reference to the importance, feasibility, cost, and time required missioners to to construct the same; the value of the bullion extracted from the mines on the Comstock lode; their present and probable future production; also the geological and practical value of said tunnel as an explor ing work, and its general bearing upon our mining and other national interests in ascertaining the practicability of deep mining. (a) (a) See No. 2431. state what. March 12, 1872. No. 2435.—AN ACT to create an additional land district in the State of Nevada. Vol. 17, p. 38. trict established in Nevada. Boundaries. Be it enacted, &c., That all that portion of the State of Nevada, emElko land dis- braced in the following-described limits, to wit, commencing at the corner common to townships twenty-four and twenty-five north, range forty-four and forty-five east, Mount Diable base and meridian; thence running due east to the eastern boundary line of the State of Nevada; thence north on said eastern boundary of said State to the north boundary of said State; thence west on said north boundary of said State to the eastern boundary of the Carson land district; thence south along said eastern boundary of the Carson land district to the place of beginning, shall constitute a separate land district, to be called the Elko Location of of land district, the office of which shall be located at Elko, in Elko Coun ty, State of Nevada; which location may be changed by the President of the United States from time to time as the public interest may re fice. |