The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-02-27
A Big DAYS WORK.
The Liquor Bill Goes Humming
Through the House.
THE RAILWAY BILL BEHEADED.
Several Important Measures Pass the House
The Council Quiescent-Mr. Smiths
New Mining Bill.

The Council held two sessions yesterday
-one in the afternoon and the other in the
evening. The consideration of Collects
school bill took up the major portion of the
time, because of its length.
In the House, business was disposed of at
alively rate, and number of bills were
passed, some under suspension of the
rules. These bills were: The bill to pre-
vent the waste of artesian water; to pro-
vide for the encouragement of the manu-
facture of sugar and paying bounty there
for; concerning the branding and herding
Of cattle; amending the law in relation to
probate procedure; requiring notaries pub
lie to affiX to Acknowledgements the date of
the expiration of their commissions: and
the liquor bill, which has been previously
published in these columns. The bill grant
ing rights of way to railways was killed by
striking out the enacting clause.
FOR THE BENEFIT OF MINES.
In the House, Mr.. Smith has introduced
The following bill, which he has hopes will
pass both branches and receive the sigma
lure of the governor. 1t is entitled a bill
TO provide rights of way and easements
for the development of mines: Sec. BE
1t enacted, ETC., that the owner, locator or
occupant of a mining claim, whether pat
ented under the laws of the United States
or held by location or possession, may have
and acquire right of way for ingress and
egress, when necessary in working
such mining claim, over and across
the lands or mining claims of others,
whether patented or otherwise. Section q
When any mine or mining claim is so
situated, that for the more convenient en-
loyment of the same, road, railroad or
tramway therefrom, or ditch, fiume, cut or
tunnel to drain or convey the waters or
tailings therefrom, or a tunnel or shaft
may be necessary for the better working
thereof, which road, railroad, tramway,
ditch, canal, fume, shaft, cut or tunnel
may require the use or occupancy of lands
or mining grounds owned, occupied or
possessed by others than the person or
persons or body corporate requiring an
easement for any of the purposes described,
the owner, claimant or occupant of the
mine or mining claim first above men
toned is entitled to right of way, entry
and possession for all the uses and priyi-
leges for such road, railroad, tramway,
ditch, canal, fume, cut, shaft or tunnel, in,
upon, through and across such other lands
or mining claims, upon compli-
ance with the provisions of this
chapter. Section 3-When the owner,
claimant or occupant of any mine or min
ing claims desires to work the same, and it
is necessary to enable him to do so success
fully and conveniently, that he have a
right Of way for any of the purposes men
TONED in the foregoing sections, if such
right of way cannot be acquired by agree
ment with the claimant or owner of the
lands or claims, over, under, across or
upon which he seeks to establish such
right of way, he may present to the Judge
OF the district court of the district in which
such right of way or some part thereof.
sought to be enforced, is situated, petit
ton praying that such right of way be
awarded TO him. Such petition must be
verified and contain a particular descrip-
ton of the character and extent
of the right sought, and a descrip-
ton of the mine or claim of the petition,
and the claim and lands to be affected by
such right or privilege, with the
names of the occupants or owners
thereof. He may also set forth
any tender or offer hereinafter mentioned.
and demand the relief sought. Section A.
Upon the receipt of such petition and filing
the same with the clerk of such court, the
judge must direct citation to be issued
under the seal of such court. to the owners
named in the petition of the mining claims
and lands to be effected by the proceedings
requiring them, and each of them, to ap-
pear before the judge on the day therein
named, which must not be less than ten
days from the service thereof, and answer
and show cause why such right of way
should not be allowed as prayed for; such
citation must be. served on each of
the parties in the manner pre-
scribed by law for serving sum-
mons In ordinary proceedings at law.
Section 5-Upon the return day of the
citation, or upon any day to which the
hearing may be adjourned, the Judge must
proceed to hear the allegations and proofs
of the respective parties, and if upon such
hearing ne is satisfied that the claims of
the petitioners can only be conveniently
WI ASO W VI buC prayed
for, he must make an order adiudging and
awarding to the petitioner such right of
way, and must appoint three commission
ers, who must be disinterested parties and
residents of the district, to assess the dam
ages resulting to the lands or claims af-
fected by such order. Section 6-The
commissioners so appointed must be sworn |
TO faithfully and impartially discharge |
their duties, and must proceed without un- |
reasonable delay to examine the premises. |
and assess the damages resulting from
such right or privilege prayed for, and
report the amount of the same to the Judge !
appointing them; and if such right |
of way affects the property of |
more than one person or company. |
such report must contain an assessment of |
damages to each company or person. Sec |
ton For good cause shown, the Judge |
may set aside the report of such commits |
sioners and appoint three other commits |
sioners whose duty shall be the same as
above mentioned. Section S-Upon the
payment of the sum assessed as damages
as aforesaid to the persons to whom it is |
awarded, or a tender thereof to them, then |
the person petitioning as aforesaid is en-
titled to the right of way prayed for in his
petition and may Immediately proceed to
occupy the same and erect thereon such
works and structures, and make therein |
such excavations as may be necessary to
the use and enjoyment of the right-of-way
so awarded Section 9-Appeals from
the assessment of damages made by
the commissioners may be made and |