The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1883-02-16
Expenditures on Placer Claims.

Sec. 3. This act to be in force on and after
its passage.
Expenditures ON Placer Claims.
From the Mining and Scientific Press.
Avery unexpected decision has been an
nounced by the Supreme Court Of this State
In the matter of assessment work on mining
claims, declaring that annual expenditures
are required on placer claims the same as on
lodes. ea-..
This decision 10 entirely contrary to what
has generally been supposed to be the law Of
the subject. Section 1924 Of the Revised
Statutes provides that, "On each claim loca.
ted after the 10th day of May, 1872, and un-
til patent has been issued therefor, not less
than 500 worth Of labor shall be performed
or improvements made during each year."
Heretofore the constructions of the law by
the Interior Department, the Commissioner
Of the General Land ONCE, or the courts,
have been TO the effect that only lode claims
were subject to the annual expenditure,
placer claims being omitted
In the case in point, however, Is . very i'm
portant decision, overthrowing all previous
rulings. The case Is that Carney vs.. the
Arizona Mining Company, of Sierra county.
The case was originally tried in the Superior
Court of that county, and In substance was
as follows: Carney and others located q
tract of placer mining ground at the head Of
Jim Crow canon, marked their boundaries
properly, ran tunnel several hundred feet
in length and did other work.
Some years afterwards the Arizona COM
pany located q large portion OF the same
ground; ran long tunnel and applied for q
patent. The original locators filed an ad-
verse claim. The case came to trial, and
the Arizona company set up that the boun
DIARIES we're not, at the time they relocated
90 marked as to BE- readily traceable, and
that for more than year previous ths yearly
expenditure had not been made. The plain
tif proved properly marked boundaries, and
the court held that no yearly expenditure
was required by the United States law on
placer claims. Decision was rendered in
favor of plaintiffs, and defendants appealed.
It is the appealed case just decided which
rsverses the generally accepted tenor Of ths
law. The appellant relied principally on
the failure to do annual work, and this view
of the case was accepted and tue decision oil
the Superior Court reversed. judgment being
given for the defendants.
There is one point about this case that will
make it leading one. There were no Local
laws involved, as there were none In force In
the district, aud the decision is therefore one
of general application referring to the gene.
raj mining laws of the United States. Under
this. decision 500 will have to be spent In
labor or Improvements each year on placer
claims 20 acres, or $500 on each 100 acres, q
fact miuers will do we'll to- remember. In
view of the importance Of this decision we
give It In full:
pEPAKrIEAT Two.
Filled December 81, 1881
CARNEY
VS.. ~ o ,,o
THE ARIZONA GOLD e'
MfEING COMPANY.
In December. 1870. plaintiffs and th-iI
grantors located a series of placer mining
claims, which claims contained about 100
acres. Work.was done on said claims until
October, 1878, since which day the Court
finds s.plaintifs did no work or made any
improvements on their claims, of airy value
whatever, for the purpose of working, pros.
pecting or improving their Claims" The
R..l. l~t IL, a.
the plaintiffs aud their grantors, defendant's
predecessors In interest, August Z, 1880, en-
tered upon portion Of said lands, and loca
| ted by government subdivisions 81 " 100
acres Of the mining ground previously loca
| ted by plaintiffs predecessors In Interest, In
compliance with the laws OF Congress, and
proceeded to work by tunnel and shafi
within their location lines, but outside OF
the boundaries Of plaintiffs claims, and had,
ct the time Of commencing this snit, ex.
pended $1,000 In such work.
The substantial question involved In this
controversy ID whether the laws. Of Congress
requiring Q certain sufount Of annual work
to be done by persons claiming to hold until
patent Issued, spPly as we'll to the class Of
claims known - placer claims IS 10 the
class known - lode or vein claims. The Act
or Congress OF May l6, 1872, (Sec. 2,234, U.
s. Rev. Stat }, requires that s'on each clam
located after the 10Th day Of May, 1872, and
! until . patent has been issued therefor, noi
less than 500 worth Of labor shall be- per.
formed or improvements made during
each year !" an6 upon . failure "a
perform. such work, the claim shall
Be open to relocation In the same
manner as II NJ lscation had ever been made,
provided that the original locators or THEFT
represent atives have not resumed work be-
| fore such relocation. Grsnting that from Z
close reading OF the various SECTIONS OF the
| act, from Section 1910, TO 2,32S, Revised
Statutes. Il might appear that the clauses OF
Section 2,324, above referred 10, were In.
tended TO apply. only TO claims. spon lodes OF
veins, We are OF the opinion that Section O.
| 500 removes aug doubt, and that the per-
Torrance Of annual work is required ~ well
upon the one class Of claims - upon the
ether. In Sssticn 2,32D II ID declared that
cis Inns usuaily called piacsrs, including all
forms d deposit, eiceptiag veins Of quartz OF
rock, II place, shalt be subject to entry and
| patent, Under iike circumstances and condi-
lions and upon similar proceedings, as are
provided for vein or lode locations. We
think the effect Of this section h 10 deelare
that thu circumstances and conditions uide.
which vein or lode claims msy be entered
and patented shall be likewise applicable 70
placer claims; that - . location Of . vein OF
lode claim msy b Kept allve for the pur-
poss Of entry and patent only BY the per-
Sonmznce Of the regulate amount Or annual
work, % placer claim must be kept alive
f6r The same purpose In the ssme manner.
TIE act Of. January 2, 1850. (21 Stat. 1t
Large, Oh, amending Section 2.82z, Revised
Statutes, u Ia harmony with this view, IN
speakine, agit does, 81 afhe vein, lode, ledge,