Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1871-09-28
wh. o.. CI.I. Mi.I.. L..a..
lFrom the San Fr.nei.co Alta.l

Whs Caa CIaIn MinInE Lands.
From the San Francisco Ala-l
The activity in mining claims at this
moment, and the increasing interest
which foreign capitalists take in this
species of property, which, Of all 9TH
ers, needs capital and security for Its
development, makes the following cir
cular from the Land Department Of
peculiar Interest at this moment to the
people Of this coast. It will be found
on Its face to be a most injurious attack
upon the welfare Of these western
States. Whether It originated in cor
rupt motives, mere red tape ignorance,
or pure "~cussedness, ndoes not appear
on the surface. but may ultimately be
discovered. We give the missive en-
tire
DEPARTMENT OF THE INrEnon.
GENERAL LAND OYTIol, Sept. Z, 1871.
Register and Receiver Gentlemen: With
reference to the proof Of citizenship Of sppli-
eants for patents for mining claims, you are
instructed a follows, VIZ 4:
First. Where such application 10 made BY
persons claiming TO be native born citizens q
tho United States, you will require the sfidayit
OF each person SO claiming that he 10 o native
born citizen, stating tho place OF his birth
such AFFIDAVIT to be taken before q notary public,
oticer Of q Court Of Record, or the Register or
Receiver Of the land district wherein the claim
lies.
Second. Where such application Is made by
q person claiming to have filed o declaration Of
intention to become q citizen, you will require
him TO present a certified copy Of such declara-
ton under the seal Of the Court In which 1t was
made.
Third. Where uchiappueation 10 made by
person claiming to be . naturalized citizen OF
the United States, you will require him to pre-,
sont his naturalization certificate, or a certified
copy thereof under seal OF the Court from
which the original issued.
Fourth. Where the application Is made BY
an Incorporated company, you Will require o
certified copy Of their certificate OF incorpo.
ration, and evidence Of the citizenship Of each
member or stakeholder OF such company, In the
manner hercinbofore set forth.
Fifth. Where the application 10 mado by an
association Of persons Incorporated, .you will
require evidence OF citizenship OF each person
forming such association in the manner herein
before described.
You will notify all applicants accordingly,
informing them that NO patents will issue upon
any application already mado and pending, or
which may hereafter DO made, for mineral
claims, in default Of Q compliance herewith.
Very respectfully LII Uf pRTSI ss5SaD.'
Commissioner.
These regulations are professed to
be based upon the Act Of Congress,
July, 1856; which prescribes that min
eral lands of the Government are open
to settlement by "all citizens of the
United States, and those who have de-
clared their intention to become citi-
zens." A majority of the mining claims
are taken up by companies incorpora-
ted by the States of Utah, Nevada and
California, by which a majority Of the
Board of Trustees In each company'is
required to be composed Of citizens Of
the United States. Such a company
has all the attributes Of a citizen Of the
United States, to hold property, u
and be sued, IL recognized In all the
courts Of the United States according
to the provisions Of tho Constitution,
which requires full faith shall be given
to the public acts Of each State. Such
companies have always been admitted
to enter lands rs citizens Of the United
States, being the creatures of the laws.
Accordingly, the first instructions OF
the Commissioner Of tho Land Office
under Il ran as follows "Where tho
applicant Is q corporation, a copy of
tho charter or certificate of incorpora-
ton may be filed in lieu Of evidence OF
citizenship
This was the common sense deduc-
tion from the law. A company Gre
ated BY q State OF the Union, OH con-
dition that its Trustees should be citi-
zens Of the United States, was recog-
nized as a citizen capable Of entering
lands. A great many companies have
been formed embracing capitalists who
are not citizens, and which capital al
be applied only according to the laws
OF a State Of the Union. In the great
scramble for lands, claims and conces-
sions ut Washington, producing that
foul air Of corruption which envelopes
many Of the departments, and which
Is assuredly undermining tho stability
Of the Government, n new construc-
ton Is evolved In the above cdlct from
the Department of the Interior. A
State corporation Is no longer recog-
nized as an American institution, but
every stakeholder that composes 1t
must file certificates that he Is an
American citizen. Many companies
embrace hundreds of stockholders,
each one OF whom must file q ccrtifl-
cate, or tho company cannot enter
mineral lands. The rights Of n hun
dred American citizens combined In n
company created by n State of the
Union, may be forfeited If n who
has paid his money Is not u citizen. 1t
Is scarcely necessary to point out that
this Is but another Of those damaging
blows at the interests of this coast
which 1t seems the special business Of
certain Government officials to deal.
The idea that California cannot create
a corporation which shall be recog-
nlzed in the Government departments,
although it has a status In the United
States courts, seems to be In the last
degree p~reposterous.