Arizona miner. [volume] (Fort Whipple, Ariz.) 1864-1868, 1864-10-26
THE yULTURE LODE.
[coNcLuDRD PROM FIRsr pAcg.1

q OIgI
may acquire in the principal vein, which the
may select, three pertenencias continuous or il
terrupted, according TO certain prescribed measur
ments, and if they have discovered more tina
B one vein, they may have one pertinencia for each
4 TO be determined and marked out within tn
+ term OF ten days Such persons who desire u
secure the benefit OF these provisions are required
to present themselves, with written statement
before the mining deputation of that Territory
Ior the nearest one, should there be none there
stating in it their names, and those of their part
ners, If they have any, the place of their birth
their residence, profession, and employment, ano
the most particular and distinguishing features o
the place, hill, or vein OF which they ask adiudi.
cation, all Of which circumstances and the hour
10 which the dIscoverer presents himself, shall be
noted 10 a book of registry, which the miuiDg
reputation and notary, If there be one, shall
keep, and this being done, his written statement
snail be returned 10 him attested for his due se.
Icurity. Notices are then to be affixed to the
doors OF the church, the government houses, and
other public places OF the town, for due informs
ton, and the command is that the discoverer
within ninety days, shall make or cause to be
MADE, on the vein or veins OF his registry, pit or
well lpozo) Of one and half yaras in diameter ct
IT'S NOUN and ten yaras deep. and that as this
shal he done Of the deputies shall personally
90, accompanied by the notary, il there be one,
ana u there be none, by two assisting witnesses
aud by the professional mining expert of that
department, 10 inspect the course and direction
loi the vein, its width, its dip or inclination to
TO the horizloD called lay or slope, it's hardness
OF soitness, the greater lesser solldity Of its
sides, aud the kind or principal indications OF the
mineral. taking an exact account of all this in |
order that Il may be added 10 the corresponding
ft4Ff nf 81. -
son. which shall be Immediately given TO him in |
the name Of the Sovereign. measuring to the
party his peTtenepcias, and causing him, as re-
CURED 10 the subsequent directions Of the ordi-
naHce. To tx stakes in his boundaries. Follow
ing there regulations. and as the conclusion of
the article IN which they are contained, it is or
dansd To the effect that when al! this is donel
there will be delivered 10 them an attested copy
Of ;Ae proceedings as d corresponding title.'
Contestants appearing during the ninety days
may prefer "a copnter claim, and 10 that event it'll
BECOMES the duty Of the tribunal TO adjudge the !
right TO him who shall make the better proof bat
no one shall have any right 10 be heard unless be
shah appear within that time"
strict compliance with the law Is required |
as appears by all the writers upon the subject |
and the thirteenth article Of title nineteen pre-
vdes IN effect that the regulations shall executed
with tic greatest e1acthess. precisely as they are
written and intended"
Supreme Court Of the United States New
Almadeu case
Does the complaint allege compliance with
these provisions o the ordinances under which
II AYERS the futuFe lead was located! II saws
|" the said ledge runs ia an east and west direc-
tsoa, inelining 10 the northwest aud southeast
and was located commencing from the extreme
Groupings on the east end Of the ledge, at the
point OF the ridge; four claims were located, oil
two hundred vafas each, one for each OF the dis
coverers Aforesaid and an additional pertenenc.aI
Tor the discovery, along The maG course or said
ledge, according to the mining laws aforesaid,
embracing an extent Of eight hundred varas LONG
by two hundred wide. That the eaid mining
laws were complied with as FAR as could be, owing
to the absence Of legal organizations and proper
tribunals in the Territory"
The absence OF legal organizations aud prop.
er tribunals in the Territory can scarcely be
presumed to have prevented the attempt at least
to sink the shaft or we'll specifically required by
the mining laws alleged TO exist and be j., toseel
10 this Territory. There is no allegation that
such work ever was attempted, or that there ex-
listed any obstacle 10 prevent its being done.
The absence OF legal organizations and
proper tribunals would excuse a failure to-
register the nine, because the law does not re-
qnlre impossibilites, but the moment the impos-
sbllity is removed IL becomes then most clearly
the duty OF those desiring TO acquire rights under
the law, to obey the law. Was this done!
On the Both of December, =. D. IS63. the
Governors proclamation announced his arriya.
and the establishment Of civil government In
Arizona. On the 9th Of April, A. d. 1864. nv
proclamation, the Judicial Districts were formed
and the Judges respectively assigned To them