Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1894-08-04
A MINING BILL
INTRODUCED IN THE HOUSE OF
REPRESENTATIVES BY CON-
GRESHAM NEWLANDS.

Hon. Francis g. Newlands, at the re-
quest Of the California Miners Associs-
tion, introduced the following bill:
A bill 70 amend chapter six, of title thir-
ty-two Of the Revised Statutes, relating
to mineral lands and mining resources
Be 10 en- acted By the Senate and House
OF Representatives OF the United States
OF America in Congress Assem- bled, that
section 1924 OF the Revised Statutes be
amended 30 as to read:
"Section 1894. 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, manner OF re-
cording, amount Of work necessary TO
hold possession Of q mining claim, sub
ject to the following requirements: The
location must be distinctly marked on the
ground By posts or monuments so thai its
boundaries can be readi'. traced. All
records Of mining claims hereafter made
shall contain the name or names Of the
locators, the date OF location, and such
description Of the claim or claims located
by reference to some natural object or
permanent monument as will identify the
claim. On each claim located after the
tenth day Of May, eighteen hundred and
seventy-swo, and until payment Of the
purchase money and certificate Of entry
has been issued therefor, not less than one
hundred dollars worth Of labor shall be
performed, or improvements made during
each year. On all claims located prior 10
the tenth day of May. eighteen hundred
and seventy-two, ten dollars worth Of
labor shall be performed, or Improvements
made, during each year for each one hum
dred feet in length along the vein, until
payment OF the purchase money and O
certificate OF entry has been Issued there
for; 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 oom-
mence al twelve o'clock meridian on the
first day OF January succeeding the date
Of location OF such claim. When the
labor required by this Act shall have been
performed, or improvements made, an
affidavit may be filed within thirty dsys
after the time limited for performing such
labor. or making such improvements,
with the recorder OF deeds OF the county
in which the claim or mine Is situated,
particularly describing the labor per.
formed and the improvements made, and
value thereof, which affidavit shall be
prima facie evidence Of the fact therein
stated, and upon failure TO comply with
the conditions OF this Act in the perform.
snce OF labor or making OF improvements,
the claim or mine upon which such failure
occurred shall be open to relocation In the
same manner as il 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 be.
fore such relocation, and continue che
same with reasonable diligence until the |
required amount OF labor shall have been |
performed or Improvements made. Upon |
the failure Of any one Of the several CO. |
owners TO contribute his proportion of the |
expenditures required hereby, the co-own- |
ers who have performed the labor 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 published |
nearest the claim for at least once q week |
for ninety days; and II at the expiration |
OF ninety days after such notice In writing, |
or by publication, such delinquent shall |
fail or refuse to contribute his proportion
OF the expenditure required by this SEQ
tion, his interest in the claim shall become
the property OF his co-owners who have
made the required expenditures. A copy
of such notice. together with an affidavit
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.
When person or company has or may run
tunnel for the purpose Of developing q
claim or claims owned by said person or
company, the money so expended In run
ming said tunnel shall be taken and oon-
sidered as expended on said claim or
claims; provided further. that said claim
or claims shall be distinctly marked on
the surface as provided in this Act"
Sec. q. That section twenty.three hun
dred and thirty-four Of the Revised Stat
utes be amended by adding thereto the fol-
lowing: "Ani the surveyors appointed
under the provisions Of this section shall
have power to administer oashs TO their
assistants"
SEQ. 8. That section twenty-three hun |
and thirty FIVE OF the Revised Statutes be |
amended so az TO read:
"Sec. 1885. All affidavits required TO |
be made under this chapter may be veri- |
fed before any officer authorized 10 ad- |
minister oaths In the State or Territory |
where the claims may be situated having |
an official seal, and all testimony and proofs |
may be taken before any such officer, and |
when duly certified by the officer taking |
the same, attested by bis seal OF office, |
shall have the same force and effect as II
taken before the Register and Receiver OF
the Land Office. In cases OF contest as 10 |
the mineral or agricultural character OF
the land, the testimony and proofs may be
taken, as herein provided, on personal no
40 he asS.Y
party, or II such party cannot be found.
then by publication OF as least once week
for thirty days in a newspaper TO be
designated by the Register OF the Land
Office ss published nearest 10 the location
OF such land, and the Register shall re-
quire proof that such notice has been
given; provided, that the presence OF rock
in place bearing gold, silver, cinnabar,
petroleum, or other valuable mineral,
shall be regarded as presumptive evidence
that the land containing the same Is, and
always has been, mineral In character;
and provided further, that In investigst-
ing the character OF land with view to
ascertain whether ID is more valuable for
mineral than agriculture, evidence may be
taken OF the mineral discovered or devel-
oped adjacent to suoh land. proof OF which
shall be presumptivs evidence that the
land in question is, and always has been,
mineral in character; and provided fur
ther, that wherever land is proven to be
well-defned mineral belt suoh land shall
be deemed, presumed and taken 10 be, and
always TO have been, mineral land, unless
the contrary is proven; and provided
further, that the provisions OF this
chapter shall be literally construed
with the view 10 aid the applicant In pro-
curing title to the mineral lands OF the
United States, and that the rules and reg
uiations prescribed by the Land Depart.
ment OF the Government and that OF its
officers, in disposing Of said land, shall be
so formulated and administered as 10 assist
| the Government in disposing OF said lands