Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-06-26
DEFINING

After discovery follows location. The
Federal law THAT enacted by Congress)
is by no means so precise in respect to
location as are the laws of the mining
States, to which, indeed, Congress has,
in a great measure, left the determine
tion of what shall constitute a valid
location. For such detailed or specific
local requirements, reference must be
had by miners to the laws of their re-
spective States and districts, as will be
seen by the following United States
law, section 1924: "The miners of each
mining district may make regulations
not in conflict with the laws of the
United States, or with the laws of the
State or Territory in which the district
is situated, governing the location, man
ner of recording, amount of work neces-
sary to hold possession of a claim, SUBJ
ject to the following requirements: The
location must be distinctly marked on
the ground, so that its boundaries can
be readily traced. All records of mining
claims hereafter made shall contain the
name or names of the locators, the date
of location, and such a description of the
claim or claims located by reference to
some natural object or permanent monu-
ment as will identify the claim" Thus
the requirements of the Federal or
United States law are confined to the
distinct marking of the boundaries of the
claim on the ground, and to a detailed
and accurate description of the claim in
the certificate of location, which shall be
duly recorded. The marking of the
claim distinctly on the ground is SO in.
dispensable a requirement Of the law,
and yet SO indefinitely expressed, as to
have caused great discussion and no lit.
tie litigation, to determine what is SUI
fciently distinct. Wade notes the fol-
lowing court rulings on this question:
by distinctly marking on the ground
it is not to be understood that it is nee.
essary to trace the boundary lines
throughout their entire length on the
ground, or to erect fences or other SUBJ
stantial Enclosures for that purpose. The
accompanying words sufficiently desig-
nate the object of such marking, and if
the boundaries can be readily traced the
end will be attained, and the means will
not be closely inquired into. But mark.
ing a ive-side claim by posting a notice
thereon. and marking three of its corners,
was held insufficient to render the 10.
cation valid. 1t has been decided, how.
ever, that a line of stakes running length.
wise through the middle Of the claim,
distinctly marked and calling for SO
many feet on each side, was a sufficient
compliance with this provision of the
statute to determine the position of the
side lines" Fortunately for the miners,
the Legislatures of most of their States
have specially defined the method of
marking the claim; and as a strict COM
pliance with these rules, so clearly laid
down in the State laws, can occasion
very little trouble or expense, it is the
hight Of folly to disregard or attempt to
evade them. Our mining laws, as in.
volved in several more or less conflicting
sources, are generally vague and in
definite enough to occasion q vast amount
Of uncertainty and inconvenience, with
but needlessly departing from the beaten
whenever. as in this matter, it is
30 clearly defined.