The morning call., 1893-11-10
REPORT OF THE COMMITTEE.
Greater LiberaIity Asked of the
Land Department.
MINING STATES ARE INVITED
A Law Prepared to Supplant the
Stewart Bill and Overcome Its
Main Objections.


committee was appointed to frame a bill
amendatory to certain sections of the Re-
vised Statutes of the United States relative
to mining interests. This bill was to be
framed in consonance with certain resolu-
tions adopted by the convention.
The main lines of the bill were clearly
laid down by the convention. On the one
hand the basis of this action was largely
the opposition of the miners Of California,
speaking through the convention. to bill
which has at several sessions of Congress
been presented and urged by Senator Stew
art of Nevada without success.
On the other hand, the miners of the
State object to the steady trend of the rul-
ings and decisions against mining interests
by the Land Department of the Govern
men whenever there is controversy as to
the mineral or the agricultural quality of
and desired TO be located by a claimant
Certain lands set aside in a recognized
mineral belt. according to the ruling of the
Land Department, are assumed not to be
mineral until it is proven that the land
contains mineral in paying quantities.
The burden of proof rests with the miner.
The convention adopted series of reso-
buttons pointing out what 1t considers the
defects of the Stewart bill, and suggested
a new section TO the Federal laws provid-
ing that the Land Department should con-
strue the laws relative to acquiring title to
mineral lands with great liberality to the
end that no unreasonable barriers be
placed in the way of miners who desired to
obtain possession of and title TO mineral
claims.
The committee that has just finished the
drafting of the bill consisted of State Sen
ator Tirev L. Ford of Sierra County, Judge
Edward A. Belcher, since appointed 10 the
Superior Court bench. and Charles q.
Yale, for many years editor of the Scen-
tlfic and Mining Press.
The bill is the embodiment of the senti-
ment of the miners of California upon the
questions involved. and on that account
will enter Congress with much prestige.
OF course, 1t will secure the united sup
port of the California delegation in Con-
gress, inasmuch as it does not touch upon
any Of those interests over which there is
a conflict between miners ard farmers.
Following is the full text of the bill:
An act TO amend chapter VI OF title 80 of the
Revised Statutes retailing TO mineral lands aud
mining resources. Be it enacted by The Senate
and House of Representatives OF the United
States of America, IN Congress assembled. That
section 1924 OF the Revised Statutes be amended
so as to read:
Section 1924. The miners of each mining g
district may make regulations, not in conflict
With the laws CT the UunIed States. or with the
laws of the State or Territory in which the dis
trict is situated, governing The location man
ner of recording, amount OF work necessary To
hold possession OF a mining claim, subject 10
the following requirements: The location must
be distinctly marked on the ground by posts or
monuments, so that its boundaries can be read
ilv traced. All records Of mining claims here
after made shall contain The name or names of
the locators, The date OF the location. and such
a description of the claim or claims located by
reference 10 some natural object or permanent
monument as will Identity the claim, On each
claim located after the 10th day OF May, 1872,
aud until payment OF the purchase money and a
certificate of entry has been issued therefor, not
less than 5 100 worth Of labor shall be performed
or improvements made during each Year, On all
claims located prior to the 10th day of May,
1872, so worth OF labor shall be performed or
improvements made during each year for each
100 feet IN length along the vein until payment
OF The purchase money ana a certificate of
entry has been issued therefor; but where such
claims are held in common such expenditure
may be made upon any one claim. That the
period within which the work required TO be
done annually on mineral claims shall COM
mence at II O'Clock meridian on the first day
OF January succeeding the datr of location of
such claim. When the labor required by this
act shall have been performed or the improve
menls made an affidavit may be filed within
thirty days after the time limited for perform
ing such labor or making such mpr ovements
with the Recorder of Deeds or The county in
which the claim or mine Is situated, particu-
larry describing the labor performed and i'm
prOvements made, and the value thereof which
The facts therein stated. And upon
failure to comply with the conditions
OF this act in the performance of
labor Aor making Of Improvements. the
claim or mine upon which such failure occurred
shall be Open 10 relocation in the same manner
as II no location OF the same had ever been
made; provided. that the original locators,
their heirs, assigns or legal representatives do
not resume work upon the claim after such
failure and before such reoca ton, and con-
:inue the same with reasonable diligence until
rod tnf or laHn laah hnua hlon
performed or improvements made. Upon the
failure OF any one of several co-owners to con
tribute his proportion OF the expenditures re-
CURED hereby. the co-Owners who have per-
70 med the labors or made the improvements
may, at the expiration OF the year, give such
delinquent co-Owner personal notice in writing
or notice by publication In the newspaper pub
lished nearest the claim, FOR at least once week
for ninety days. and II at the expiration OF min ty
days after such notice in writing, or by publ
cation, such delinquent shall fall or refuse TO
contribute his proportion OF the expenditure
required by this section, his interest In the
claim shall become the property Of his co-own-
ers who have made the required expenditures.
A copy OF such notice, together with an affi
davIt showing personal service or publication,
as the case may be, OF such notice. when filed
and recorded with the Recorder OF Deeds of the
county In which such mining claim Is situated,
shall be evidence OF the acquisition OF title OF
such co-Owners. Where a person or company
has or may run tunnel for The purpose of de-
veloping a claim or claims owned by SAID per-
son or company, the money so expended IN run
nlng salc tunnel shall be taken and considered
as expended on said claim or claims. Provided
further, that said claim or claims shall be dis
tincty marked on tue surface as provided in
this act.
Sec g. That section 1884 of the Revised
Statutes be amended by adding thereto the fol-
lowing:
'And the surveyors appointed under the pro.
visions OF this section shall have power TO ad-
minister oalhs to their assistants"
sec. 4. That section 1885 OF the Revised
a ha m cd q IN
Sec. 1886. All atfidavIts required to be made
under this chapter may be verified before any
officer authorized TO admlnister Oahs within
the State or Territory where the claims may be
situated, having an official seal, and all testi-
mOuy and proofs may be taken before any such
officer, and, when duly certified by the officer
king the same attested by his seal of Office,
shall have The same force and effect as II taken
before the Register aud Receiver of The land
office. In cases OF contest as 10 the mineral
or agricultural character OF land. the tes-
timony and proofs may be taken as herein
provided on y ersOna notice of at least
ten days 10 the opposing party, or, if such
party cannot be found, then by publication of
at least once a week for thirty days In news
paper 10 be designated by the Register of the
land Office as published nearest 10 the location
of such land, aud The Register shall require
proof that such notice has been given; pro-
vided that The presence tof rock in place bear
Ing gold, silver, cinDabar, petroleum or other
valuable mineral shall be regarded as pre-
sumptive evidence that the land containing the
same Is, and always has been, mineral In
- a F,,.t