Arizona citizen., 1880-02-14
Agents and PrInclpais m Mining Pltent
 ProceedinoS.

bit of history concerning acertain bill in Congress from the correspondence of the San Francisco Post. IL shows how pig-headed men can be when they are invested with little brief au- thority:
 Everybody interested in mining op- erations has been thoroughly aroused by decision of the General Land Of flee, made October 20th, last, to the effect that all proofs required in secur- ing patents for mining claims must be made by the principal and not by an agent. This interpretation of the law was made at the time stated Tn the case of the application of George $. Dodge to patent the Head Light mine, in the Bodie land district, California, when the same was held for cancellation on the ground that the affidavit of post ing, etc. was made by an agent and not the principal owner
 Failing to secure a change Tn the decision, E. c. Ford, Esq, of counsel for NIT. Dodge, appealed from the de cision of the commissioner to the Sec retary of the Interior, and made his argument in the case; but before de- cisiOn was reached, and fearing the re- suit of an appeal, it was determined by parties interested to set at rest the interpretation of sections 2324 and 2325 of chapter 6 of the laws of 1872 by an explanatory amendment. Ac- cOrdingly such bill was presented in ihe Senate and referred to the commit tee on mines and mining. On the 10th of December, Mir Hill, of Colorado, reported the bill as unanimously ap- proved by the committee, and on the next day it was taken up and passed without a division. It then went to the House, where on January 7th MT Stevenson, of the committee on mines and mining, of that body, reported the committee was unanimously in favor of passing the bill, and it was passed on the same day after debate by vote of ITS ayes to only 29 noes.
 In this connection 1t is proper to state that the amendment in no way changes the law from its interpretation before the case in question is reached It only makes it obligatory upon the department to continue the practice of accepting the acts of duly authorized agents as those of a principal-a prin. Ciple of law as old as civilization.
 Under the law of 1872, before a pat tent for mining land can be obtained, a notice of intention to apply for a pat ent must be posted on the claim for 60 days, and that this has been done must be sworn to by one having knowl- edge of the fact. Under the present ruling It is next to impossible for a nonresident to obtain a patent, and this, it is claimed, works great hard ships and injustice.
 In due course of time the bill as passed was sent to the President for his approval, who submitted it to the Secretary to know if in his opinion| there were any objections to the bill becoming a jaw. The Secretary refer red it to NIT. Armstong, the acting Commissioner of the General Land Office, for his opinion. This opinion "A very elaborate One-was given on the 18th instant, opposing part of the bill, and especially that portion affect ing all cases now pending, and sug- gesting certain notifications, which if approved would necessitate a veto of the bill as passed.
 This opinion caused great excite ment, not to say indignation, among the Congressman and others particu- larly interested in the passage of the bill, and on the morning of the 20th they appeared Tn full force before the Acting Commissioner, headed by Sen atOr Teller, Representatives Belford and Page. They gave in unmistakable language their reasons why he should withdraw his opposition to the passage of the bill, but it was of no avail At o'clock D. m. of the same day the delegation, by appointment, appeared before Assistant Attorney General Marble, of the Interior Department, and he was equally Immovable, where upon he was told that the case would bs discussed with Attorney General Devens at his office on the following morning at 10 o'clock. At that hour all parties were promptly on hand, and the whole case was duly set forth on both sides. The Attorney General de cided that his assistant, Mir Marble, was clearly in the wrong, and that heI Devens) should recommend the Presi- dent to sign the bill.
 To make one point of the case doubly sure Judge Belford, on the 20thI instat, introduced in the House the following bill, which will undoubtedly become a law:
 To amend Chapter 6, Revised Stat utes of the United States, in regard toI mineral lands.
 Be it Resolved, That all affidavits re- quired to be made by Chapter 3 of the Revised Statutes of the United States may be made by the claimant or hisI duly authorized agent; provided, that this act shall apply to all pending ap- plications for Government mineral lands under said chapter