The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-19
ANNUAL ENTS.

NtNW0W w AASWB " AsVVVOsY LAZY
To The Independent:
A. a oo~ntrovsrsy has arisen between tAs
register OF the land ofios and Messrs. Mel
son u Settles % to the proper construction
to be placed upon paragraph three Of circu-
lar IN" Of Dec. II. 1885, and a. such con-
arovsrsy may mislead and confuse parties
desiring TO mako entry Of the mineral lands
Of The United States, W desire to place
ourselves on record "a agreeing with the
register. aud will give our reasons therefor.
"rhat compliance with the terms of this
chapter. - q condition for the making OF
the application for patent according to SEQ
tion 1925, requires the preliminary showing
Of work and expenditure upon each looa-
tion sufficient 10 maintain possession under
seosion 1924. other by showing the full
amount for the pending year. or IL there
has been failure, IL should be shown. that
work has been resumed so a. to prevent
relocation by adverse parties after aban-
ment."
In the case Of John Kineaid, 8 L. ID. 25.
il is held. ''the preliminary showing rs-
quired upon application must embrace an
amount sufficient to make the claim . valid
and snbeisting one at the date of applioa-
tion?' Now what would be "a valid and
suhsissing claim" at the date OF applioa-
tiopb To elucidate this we say that where
proof has been made. for instance. shat the
work o expenditure has been made for
1892, that the claim was a valid aud sub
sissing one until Dec. 81. 1893, and not sub
iect to relocation until after that date.
Hence. il such q showing is made, that
work and sx penditutes have boon shown.
such as to make tho claim q valid and sub
sistinR one curing the whole OF 1893. that il
ia not required to show any more to entltls
one to the exclusive possession. But II
work and expenditures were not shown for
1000 ~ .v~vxIJ la IN uH@t. thnk
work had been resumed before an adverse
claim had been made.
In the case of John Kincaid, above al
lsded to. the honorable secretary says: In
reply to the inquiry Of tbs commissioner AZ
the proper construction Of paragraph three.
your inquiry concerns the words. the full
amour of work for the pending year,"
rnd yeur letter construes them az meaning
IAN amount sufficient to make the claim a
valid and subsistinG ono at The date of
fling the application for patent" said con.
olus,on is correct. The exact meaning OF
pear from . slight transposition OF its
words, as follows:
3. That compliance with the terms of
this chapter" 40 condition for the making
OF application for patent according to sec
tioa 1926. requires the preliminary show
cation, either by showing the full amount
sufficient TO the maintenance of possession
under section 1924. for the pending year., or
1t there has been failure, il should be
shown that work has been resumed. so as to
prevent relocation by adverse parties after
abandonment.
The pending year" means the calendar
year in which application 10 made, and you
will observe that the paragraph has NO
reference to a showing Of work at date of
final entry. What can DO palmer. then,
that ii one has shown work or expenditure,
IN III t0 - 80 Il - A. |
pending or calendar year in which applica-
ton is made, that 1t is all that is required
Of the applicant. II he has done 60, then
no must show that work has been resumed
30 a. to prevent relocation.
The confusion arises by constituting the
paragraph as meaning. that the work or
expenditures must be made for the pending
year in which application is made, whereas
II means that the showing of work and ex-
ponditures must be such as to make the
claim . valid and subsistin9 one for the
pending year in which such application is
made.
If the application 10 not followed up bv
entry that year, then proof of annual az
psnditurss must be made, or proof that
work has been resumed, before an adverse
claim has intervened.
Ihe circular Of Dec. "A, 1885, is very much
nodihed In its phraseoloQy by the circular
of March "a, 1887, and more explanatory.
In conclusion va may add, that mining
claimants need not worry over this matter.
II they have performed the work aud made
the nesessary expenditures sufficient to
maintain possession for the year in which
application for patent 10 made, they will
have no difficulty in securing a patent, if
they make their entry during that year. If
they do not. then work and expenditures
will be required, or resumption OF work be.
fore a relocation. The position taken by
the register is 30 plain, and tho practice By
the department. SO uniform that We wonder
such a question has ever been raised, or
that hs ever deiRned to notice it.
~IlANGHoRNK & REEcE.