The Placer herald., 1874-02-21
sARGENT's MINERAL LAND BILL.

The following is the full text of Senator Sar-
gents mineral public land bill
| In the Senate Of the United States. Decem-
Der Is, 1873, Mr.. Sargent asked and by unani-
nous consent, obtained leave to bring in the
following BILL which read twice, referred to
the Committee on Mines and Mining, and Or
| dered to be printed January IA, 1874 Re-
| ported by Mr.. Sargent with amendments and
recommitted.
A bill relating to the public lands in the State
of California.
Be it enacted by the Senate and House of
Representatives of the United States of America
| IN Congress assembled, That the public lands in
the State of California shall not be excluded as
mineral from pre-emption or homestead entry
unless it shall be shown that bona fide min
ing claims exist thereon, or that the land is
necessary for outlet or other mining easements;
and the price of both agricultural and placer
mineral lands outside Of the limits of railroad
grants shall be 81 25 per acre. Provided, that
nothing herein contained shall be construed to
change any presumption now existing either by
law or department regulations that lands with
III railroad grants are mineral in character.
Sec 2. That where two or more settlers have
improvements on the same legal subdivision
whether agricultural or mining, or both, it shall
be lawful for such settlers to make Joint entry
of their lands at the Local Land Office, or for
either of said settlers to enter into a contract
with his co-settlers to convey to them
their portion of said land after patent is issued
to HIM, and after making such contract to file
an application for such land, and prove up and
pay Tor such lands, in the same manner and to
the same effect as is provided by law for agri-
cultural settlers upon the same legal subdiviG-
ION: Provided that proof Of occupation and i'm
provement under mining rules Of the portion of
said land claimed as mining claim may be made
insaid procee ing by the apple mt as now provid-
Ell by law, and notice of said application, where
patent OF mining claim is sought shall be Civ
en- and have the same effect as is now provided
in cases of application for mining claims.
Sec. 8. That IN cases where mining claims
are duly located under mining laws, it shall be
lawful Tor the parties applying for patent for
the same to make their application to purchase
lands to the extent of the smallest legal subdi
VISIONS containing the said claims when such
application does not conflict with the rights of
other parties, and patent shall Issue accordingly.
Sec 81 A. That all affidavts and proofs re-
CURED by law to be made before the local land
ofhcers IN mining pre-emption cases may
be taken before any officer authorized to admin |
lister oaths, and when filed with the Register
and Receiver shall have the same effect as if
taken before those officers. Effect shall be Civ
en- to this act by regulations to be prescribed by
the Commissioner of the General Land Office;
Provided, that where such affidavit or proofs |
are taken at any place other than within the
land district, it shall be by the Clerk of any
Court of record.
When this bill was being considered by
the Committee on Mines and Mining, Mr.
Lutirell appeared and said he approved OF
The bill. 1t was necessary measure D Or
der to secure a good population in the min
ing districts, where farming and mining 90
hand in hadd. He thought the provision 10
exclude railroad companies from deriving
any additional benefits was not strong
enough, and therefore, he asked .hat the
follow ng amendment eb added to the cl iuse
OF thefr section, t. re ID as follows:
"And provided that nothing herein con
tanned shall be so construed as in any case
to enlarge or modify any grant heretofore
made to any railroad company or corpora
ton, or to allow any such railroad compan-
les TO take, IN satisfaction OF any such
grants, any placer mining aad."
Genera, Nj Nj ley, who has some cons tiu-
ens in Pennsylvania who own mines in Cal
ifornia, and who had written to him on the
subject, said he fully accepted the bill, with
one proviso, which he offered, and it was
accepted. 1t is as follows:
"Provided, That more of the provisions
of this bill shall be const ued to apply to, or
affect in any manner, any land TO which
there is an adverse claim. or any land title
which is now in controversy or being liIiga-
ted in a State or Federal Court, or any of
the Departments Of the Government. +"
The Committee agreed to report the bill
with the proposed amendments, which has
been done, when the bill was ordered re-
committed and printed. 1t is the pretty
general opinion that the bill will now pass,
when the committee reports.