The Ketchum keystone. (Ketchum, Idaho) 1881-1884, 1882-05-25
Mining Surveys in Mountainous
Regions.

fatlUH W The IaHu CiHcc regulations
about surveys OF mining claims when
they are in high mountainous re-
gions, inaccessible in winter Mr.. j.
$. Wallace, Of HALEY, idaho, wrote
to the Commissioners OF the General
Land Office representing, in effect,
that there arr mines located high
up in the SaWtooth mountains, IN
new districts near the head waters
OF Wood River, and that in case
parties should make applications Tor
patents Of such mines during the
period from about December to
April, it would be Impossible in a
majority OF instances, it not IN ali,
for adverse claimants to procure
surveys in. accordance With present
regulations within the peliol Of
publication, on account OF severity
of the climate, deep SHOWS, etc, in
that locality.
In view of these facts, Mr.. Wal
lace, who is acting assuperintendent
OF mining property located in SAID
mountains, suggests tnat the rights
OF all parties owning claims IN the
above mentioned districts woulu be
most effectually preserved and pro-
tected, If the Surveyor-generalo tn.
Territory was instructed TO post
pone the granting OF any order 10.
advertisement OF appHcatlons I0r
patents, until the country is open in
the spring, when adverse claimants
can procure their surveys.
When this letter was received, the
Commissioner suggested that the
Land Office might issue instructions
waving the present requirements as
| to surveys. OF adverse claims ia cases
/ in which the adverse claimants snail
show under oath that sucn survey 5
cannot be executed and platted witn-
! in the period OF publication, on ac-
| count of climatic or other tlmpUr7
airy difficulties, allowing ady efse
claimants to file such plats oI sur
veYs WITHIN reasonable time after
i the obstacles 10 making surveys
shall have been removed.
The matter then came before the
| Sc. retaiy OF the Interior, VINO did
not agree with the suggestion OF tie
/ Commissioner OF the Land Office
i He thought that adverse claimants
should be held to reasonable dlil-
gence under the law in taking nee.
essary steps to protect tlIeIr inter.
ests. 1t there is any danger OF like
Ihoad Of applications ior patents
beng presented during a season IL
| which surveys cannot be matte, tns
parties might anticipate sucn pro
| ceeiings by securing surveys O
their claims during the season il
which no obstacles TO making the
same are present.
But if application for patent il
any case should be made at timi
when it is impossible to secure sur
vey OF the claim adverse thereto
then, as the law does not require i'm
possibilities, the adverse claiman
might show the nature, extent AM
boundaries of his claim, as nearly a
praetie able from information within
: his reach, and present, under oath
his reasons for not following NOR
clearly the regulations, and submit
! whether, under all the circumstan
ees. he lad not properly presentet
an adverse claim This would Civ
opportunity to waive the regulation
: requirement in a given case whel
the facts We're presented iustityin::
such action, and would be preterabl
to 4 general waiver OF the rule i
anticipation of a case calling for an
such waiver.
: To waive the requirement as {
surveys of adverse claims in advanc
of the presentation of reasons ther,
{ TOR, would tend TO encourage car,
lessness and indifference on the pai
of adverse claimants respecting sue
: requirement, and would, the Seer,
tary thinks. be equivalent to an il
vitation to adverse claimants
1 present excuses for laches, where's
they should exercise all reasonah
! diligence in their efforts to compl
with the regulations. Scientit
Press.