The Montana post. [volume] (Virginia City, Montana Territory [i.e. Mont.]) 1864-1869, 1868-07-10

PRESCRIPTION OF LODES.
1t is well known that under the earlier
instructions of Commissioner Wilson.
regarding the pre-emption of quartz
leads under the Mining Laws of July,
1866, the officers of local Land Offices
were aware that conflict existed be-
tween the intent of the law regulating
the number of feet that might be pre-
empted and the Commissioners expo
sitioR of it, and their duty in making
entries under the law that would not
lead TO litigation was not clear. a let
ter recently published in the Posi- sta
ted that the Commissioner had recon
sidered his instructions, and on more
thorough knowledge of the facts of the
case, had determined to revoke the for
mer instructions and issue others in
conformity to the intent of the law.
The following letter to the Land Officers
of Colorado, called forth by the diversi-
ties of opinion regarding the privileges
of pre-emptors, places matters on
square basis, and to use the words of
one of the Registers, they can now
begin to see daylight We yield a
goodly portion of our space to this let
ter. which is of import to all who de-
sign securing titles to their Mineral
Lands from the United States:
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE, June 13, 1868.
Register and Reoeiuer United States Land O6ice,
DsHpeT, Colorado Territory:
GENTLEMEN The Hon. @. NJ. Chilcott,
from Colorado, has called the attention of
this office to controversies existing In some
of the mining districts, arising, it is said,
from differences Of opinion in relation to the
proper construction of the mining act of
July 26, 1866; some persons contending, it
appears, that since its passage, n company
formed merely for mining purposes and loca-
ting claims, can take 3 900 feet on the vein,
although such company association may
be composed of less than fourteen individ-
uals.
| As the question may come before you in
your official capacity, or on application from
| persons desiring information, the construc-
| tion placed upon the last proviso of the
fourth section of the act, by the General
| Land Office, is now communicated for the
/ benefit of all concerned. The manner of
making locations and the number of feet
that can be taken on the same vein or lode,
| by an individual or an association, depends
1
respective districts, the act of July 20, 1866,
| in no respect superceding or modifying those
| customs except where they authorize the To-
e = - -, - ehn feet on Che sadne
| feet by any association of persons. In such
| cases the statute restricts and reduces loca-
| tions made since July 26, 1866, TO the above
named quantities respectively, the maxi
mum In each case, and this Is the only differ
| ence existing between the local mining regu-
| lations and the controlling act Of Congress.
An individual cannot since the date of the
| act locate more than 200 feet on the same
| lode, nor an association more than 2, 900 feet,
no matter how many persons may be associa-
ted together, or what the local customs may
prescribe.
Whether a company or association can take
as much as 5000 feet, depends upon the
mining regulations of the particular district,
| and the number of persons associated In such
company. individuals cannot by forming
| themselves into companies locate n greater
number OF feet TO each person than can be
done by each acting separately.
| They may locate as n company, or an asso-
citation, at the rate of two hundred feet to
each individual embraced in it, with an addi-
tlonal two hundred TO the discoverer If the
local custcmE permit that much TO be taken,
until 5000 feet are located, after which no
additional quantity can be claimed on the
same lode by the same company, whatever
may be the number of its members.
In districts where the mining regulations
limit locations to less than two hundred feet
to each individual, OF less than 5000 feet to
any association of persons, claimants will be
restricted accordingly, such regulations re.
naming in full force, being unaffected by the
act of Congress.
These remarks apply wholly TO original To-
cations, made in pursuance of the rules and
regu lations of miners in the several mining
districts. They have no application to
claims in the hands of purchasers, and it i:
not to be understood, from what has beer
above stated, that a mining claim of 5000
feet may not be owned and controlled by ar
association of less than fourteen persons
where possession is obtained by bona fde pur
chases for valuable consideration, or partly
by purchase and partly by location, there be
ing nothing in the act of July 26, 1856, tC
prevent an association composed of any mum
Der of individuals, from holding such claims
and upon proper application and proof, OBJ
, tanning a patent therefor.
When the mining act was first passed it wa:
thought that among the great variety OF 10
J cal rules and customs, existing In Thousand
, remote mining districts, and known to us only
as they come here In actual cases, there wer'
probably some authorizing the location o.
, large claims, amounting to 1900 feet o.
| more by companies associations, In con
sideration of the construction of improve
ments enhancing the value of large number
| of claims, ms the building of a tunnel t.
drain the mines of certain lode, OF system O.
. lodes, or the erection of any other improve
ments, securing a common object and promo
ting a common interest,
: As such companies would not have beel
, formed for the purpose of locating claims
and the privilege of doing so, if conferre'
upon them at all, would have been In the ma
ture of a reward for having promoted til
. general welfare of a certain district by tn
expenditure of capital and labor in works O
! improvement beneficial to all, the right O
making such location to the extent of 800
feet, in pursuance of such supposed minini
: regulations, was believed to be Independent o
the question of the size of the company, an
that having rendered the service it was enti
: tied to make the location, whether il wa