The river press. [volume] (Fort Benton, Mont.) 1880-current, 1880-11-24
Miners, Take Notice!

Al abandonment OF q mining claim is
where the occupant leaves the claim free to
the. appropriation of the next conner, who
ever he may be, without any intention to re-
possess or reclaim it for himself, and regard
less and Indifferent as to what may become Of
it in the future.
A water right, although real estate, may be
abandoned.
To render valid q claim to water by appro-
~priation, the claim must be for some useful
purpose, or in contemplation Of a future APP
preparation for such purpose by the parties
claiming it. A water claim FOR speculation
is, in opposition to claims for useful pur-
poses, almost wholly disregarded.
A mining claim iaa piece Of land supposed
to contain, in,its soil or rock, gold or other
precious metal. and il property, and may be
taken and sold on execution.
A miners claim, being q mere possessory
right on public lands, is personally, and may
be sold and conveyed by the administration.
So held in Iowa, with regard TO 9 claim
situated in Montana.
Miners have no right TO enter upon private
land and subject it to such uses as may be
necessary 10 extract the precious metals
which it contains.
The miner who selects q piece Of ground
to work must take it as he finds it, SUBJECT to
prior rights which have an equal equity BY
virtue of an equal recognition from the SOY
erign power.
The right to move upon public lands car
ries with it, as incidents, the right to tue use
of wood and water found upon the publlc
domain and not previously appropriated.
--~ans ..4<n>>ee ean~-
TN --latest Decision en- Mining Claims.
The Commissioners Of the General Land
Office have written to Senator Hill, Of Color
ado, announcing an important ruling in re-
gard to the present law concerning the all
nual expenditure on mining claims. The
question submitted by Senator Hill in behalf
of one of his constituents was in substance
whether the department would recognize as
in compliance with the act of last January
an expenditure Of one hundred dollars worth
of work between October 10th and Goth, 1879,
upon a mining claim located October 1st,
1879.
Commissioner Williamson, III reply, writes
as follows: ssUnder the act of May 10th,
1872, Sec. 2, 1924. Revised Statutes, the annual
expenditure for Improvements was due with
in each year, commencing with the date OF
location, except in regard to claims located
prior to the enactment Of that law, the ar
nual expenditures on which were made due
by July 1st, 1873, and annually thereafter.
The purpose of the amendstory law of Janu-
airy, 22d, 1880, was to secure q uniform per-
iod within which the annual expenditure
should be required on all locations, and il
provided lhat such period should commence
on the first cay Of January succeeding the
date Of location of each claim. Il therefore
follows that a claim located October 1st, 1879,
requires the expenditure Of one hundred dol
lars worth of labor on Improvements thereon
Withinsthe calendar year 1880, and that what
ever may have been expended within the
year 1879 will not answer the requirements Of
expenditures in $780,
1t also appears that by reason Of The change
made in the arguments of the act OF May,
1872, by the amendatory law Of last January,
that q claim located on any date subsequent
to the 1st day Of January, 1879, requires no
further expenditure during the remainder Of
the year than is made necessary by local
laws. The Commissioner adds that he finds
he has inadvertently signed q letter indieat-
ing 4 different construction Of the section
aforesaid, but the conclusion now given mss
been reached after careful consideration and
will control his official acton.
---@Gar = <aes J. Rxr---