The Elko independent. [volume] (Elko, Nev.) 1869-1872, 1870-04-06
sargeut's Mining Land Bill as it was Amended
and Passed by the House. NE
Irrom the saeramento upion.l j
WAsHINGroN, March 10,

w AsHINtiTON, NlhrCn l6IU.
Thursday saw Sargent's Mining Land bill
fayorably reported by the Committee on
Mines, and passed. Speeches were made by
Sargent, Julian, Ferris, Niblack and johnson.
All were in favor of it, save Julian, and he
took the ground that the original "Act grant
ing the right of way to ditch and canal own
ers over the public lands, and for other pur-
poses"-of which Sargent's bill is amenda-
tory-had false title and was based on false
principles OF legislation, in that il founded n
great mineral land policy upon the uncertain
title held by miners under local customs. The
idea of owning a vein with all its dips, angles
and elevations, and following il into the land
of another was all wrong. The only proper
thing 10 do is TO extend the Government sur
yeys over the mineral lands, through the Gen
eral Land Office, and let the miner have own
ership in mines in square form, extending
down To the center of the earth. No other
method can quiet titles in these mineral re-
gions. There are hardships under this plan
but under that now in force, still worse ones
He didn't believe in putting new wine into
old bottles, and hence was not prepared TO say
how he should vote on this dmendatory bill
johnson offered amendment, providing
against impairing mining liens, to which no
objection was made. He had opposed all Con-
gressional interference in these mining mat
tiers, because he believed that the control of
mineral lands belongs to the States by virtue
Of State sovereignty, Ibut being driven from
that position "by the new order of things and
by the decision Of the Supreme Court" he
must now yield TO superior power" He be-
lieved that this bill was the best that could be
got through the House at this time. Niblack,
in order to 'make assurance doubly sure"
that this bill takes away no rights secured by
the original Act, offered Section II as an
amendmept, to which no objection was made
Sargcnts convincing exposition Of the objects
sought 10 be attained by his amendatory bill
MI b, ,,n.nsgi,,, f,rt tIg
ate subsequent remarks. and his general man
agement Of the matter, were admirably Judi
cious Hence his success in putting it through
In one day. should like TO give n synopsis
of his remarks, but being limited TO space
give the bill rs amended, instead. 1t adds
these sections 10 the Act Of July rs, 1866:
SEC. IL. And be IL further enacted. That
claims usually called ''placors," including all
forms of deposit, excepting veins of quartz,
other rock i'll place, shall be subject to
entry and patent under this Act, under like
circumstances and conditions, and upon siIni-
lar proceedings, as are provided for vein or
lode claims. Provided, That where the lands
have been previously surveyed 10y the United
States the entry in its exterior limits shall
conform 10 the legal subdivisions Of the pub
lie lands, no further survey or plat in such
case being required, and the lands may he
paid for at the rate Of - 20 per acre Pro-
vided further. That legal subdivisions of forty
and that two or more persons, asspcistions
of persons. having contiguous cIniIns, may
make joint entry thereof And provided
further, That no location Of placer claim
hereafter made shall exceed one hundred and
sixty acres for any one person or assGciation
of persons; and nothing in this section CON
tained shall defeat or impair any bona fide
presumption or homestead claim or authorize
the sale Of the improvements Of any bona tide
settler to any other purchaser.
SIC. IL. And be il further enacted. That
where said person or association, they and
their grnntnrs, shall have held and worked
their said claims for period equal to the time
prescribed by the statute OF limitations for
mining claims Of the State or Territory where
the same may bc situated, evidence Of such
possession and working Of the claims for such
period shall he sufficient To establish a right
to patent thereto under this Act, in the Alb
scncc Of any adverse claim; provided how
ever, that nothing in this Act shall he deemed
TO impair any lien which may have attached
in any way whatever to any mining claim or
property thereto attached prior to the issuance
of apntent. a...
SEo. II. And be IL further enacted, That
oil affidavts required TO be made under this
Act, or tho Act Of which IL ia amendatory.
may be verified before any officer authorized
to administer oaths within the land district
where the claims may he situated, and all
testimony and proofs may he taken before
any such officer, and when duly certified by
the officer taking the same, shall have the
same forco and effect as If taken before the
Register and Receiver of the Land Office.
Provided, That in all causes Of contest such
testimony and proofs shall only be taken on
at least ten days personal notice to the oppos-
ing parties, when such parties can be found
and il they cannot be- found, then by Mt least
forty days publication in newspaper pub-
iished nearest 10 the location Of said claims;
and the Register Of the Innd Office shall re-
quire proof that such notice has been given.
SEc. 10. And bo il further enacted That
Registers and Receivers shall receive the same
lees for services under the Act as nre pro.
Tidod by law for like services under othor
Acts OF Congress-; md that effect shall be
gwen 10 the foregoing Act according to such
regulations as may be prescribed by the Com.
missioner OF the General Land Office.
BIC. 10. Aud be IL further enacted. That
so much OF the Act Of March 3, 1853, entitled
an Act to provide for tho survey of the pub
lie lands IN California, tho granting of pre-.
emption rights, and for other purposes" NJ
provides that none other than township lines
shall be surveyed where the lands are mineral
is hereby repealed. Aud the public survey,
arc hereby extended over all such lands; pro
vidcd that NIL snbdividing Of surveyed land,
into lots lesa than one hundred and sixt,
acres may be done by county and local snr
veyors Gt the expense Of the claimants
SEo. IL. And DO IL further enacted. Tim
mono Of the rights conferred by Sections 8.
and OF the Act to which this Act is amondn
tory, shall be nbrogated by this Act. and th,
same are hereby extended TO all public land
affected by thia Acl ond all ,ot,,I, ,,x.,,a.