The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1875-02-26
Width of Lode Claims in Montana.

Western and Owner Washington, d. CD Feb. 's5
Mine-owners in Montana will read with
interest the decisions in this number of the
Western Land Owner, defining the width
of lode claims in their Territory.
The several mining acts of Congress
leave the width of vein locations to be de-
termined by the local laws. The 4th sec
tion of the act of July rs, 1866, after pre-
scribing the length of claims along the line
of a lode adds: "Together with a reason
able quantity of surface for the convenient
working of the same, as fixed by local
rules The act of May 10, 1872, now in
force, limits lode claims to six hundred
feet as the greatest and fifty feet as the
least width, the language of the statute ON
this subject being as follows:
No claim shall extend more than three
hundred feet on each side OF the middle OF
stl1e vein at the surface, nor shall any claim
be limited by any mining regulation to less
than twenty-five feet ON each side of the
middle of the vein at the surface, except
where adverse rights, existing at the pas
sage of this act, shall render such limita-
tion necessary.
By "the local rules' is understood to
mean the enactments of State and Terrific
rial Legislatures regulating mining claims
within their boundaries. In the absence
of legislative regulations the rules adopted
by the miners in their district meetings
govern the extent of their surface locations,
and only in the absence Of such legislative
regulations are the rules of miners recog-
nized by the General Land Office.
The Mon tana legislature, on the goth OF
December, 1854, passed law regulating
lode claims in that Territory. As will be
seen from the decisions referred to. this
law has been construed by the Interior
Department to limit locations to one hum
dred feet in width. Section of the act
reads rs follows:
Claims on any lead, lode or ledge Of gold
or silver hereafter discovered shall consist
of not more than two hundred feet along
the lead, lode, or ledge together with all
dips, spurs, and angles emanating or di-
verging from said lead, lode Or ledge, as also
fty feet on each side Of said lead, lode or ledge
for soorhing purposes: Froaoded, Ihat
when two or more leads lodes, or lodges
shall be discovered within one hundred
feet of each other, either running parallel
or crossing each other, the ground between
such leads, lodes, or ledges shall belong
equally to the claimants of said leads, 1odes
Or lodges, without regard to priority OF
discovery or pre-emption.
So far as Commissioner Burdett is aware
this restriction to one hundred feet has
never been removed, though Governor Potts
has unofficially informed the General Land
Office that the act above quoted was re-
pealed at the last session of the Territorial
legislature. If so, duly certified copy Of
the new law should be forwarded to the
Department of the Interior, (unless the pro-
ceedings of the session are soon to be
printed,) as otherwise, under Secretary
Delano's ruling. United States patents will
not be issued for lode claims in Montana
having n greater width than one hundred
feet
Miners are doubtless aware that they can
only claim the amount OF surface ground
allowed by the laws in force at the date Of
making their locations. and il they desire
more ground relocation under the new
law must be made and recorded. The OBJ
lection to relocation is the loss of priority
of title i'll many eases. To remove this
objection the local law of Colorado allows
supplemental location of additional sur
face and continuance OF the fils title
acu,1ired