Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-05-28
MINERAL ON GRANTS.
Delegate Joseph Lays Before Congress
Substitute for His Former
Measure.

Through the kindness of Delegate
Joseph the New MEXICAN herewith pre-
sents the full text of a substitute bill of
fered and introduced in the house of repre-
sentatives. on the 21st instant in lieu of a
former bill "to authorize the exploration
and purchase of mines within the bound
aries of private land claims" This bill,
now before the house committee on
mines and mining, is as follows:
Be it enacted by the senate and house
of representatives of the United States of
America in congress assembled, That
hereafter all valuable mineral deposits on
lands not cultivated or improved, en-
braced within any land claim confirmed
by decree of the court of private land
claims, or as to which suit for confirma-
tion shall be pending in said court, are
hereby declared to be free and open to
exploration and purchase, and the lands,
If not cultivated or improved, on which
they are found, to occupation and pur-
chase by citizens of the United States, and
those who have declared their intention
to become such under the mining laws
of the United States, the provisions of
this act, and such regulations in addition
thereto as may be prescribed by the Sec
rotary Of the interior from time to time.
Sec. 2. That any person qualified to
acquire title to such mineral deposits un-
der the provisions of this act shall have
the right to enter in and upon the lands,
if not cultivated or improved, embraced
within such private land claim for the
purpose of exploring and prospecting the
same for such mineral deposits and post
ing notices and marking the boundaries
of any mineral claim to which he may
seek to acquire title, and shall only be
liable to the owner or owners of such
land for actual damage thereby done to
the same.
Sec. 3. That the locators of all such
mineral claims shall, within three months
after posting notice of location on the
same and marking the boundaries there
of on the ground, take steps to acquire
the lawful right to use the surface ground
embraced within the limits of such claim,
and they are hereby authorized to
acquire the same by condemnation
under judicial process: Provided,
That before beginning such pro-
ceedings of condemnation, the locators
shall tender to the owner of the land in
which such mineral claim is located the
sum of two dollars and fifty cents an acre
for his interest in the land embraced
within the limits of such mineral claim,
and the receipt of such sum by the owner
of the land shall authorize the immediate
entry of the locators upon such land.
Sec. 4. That the United States circuit
courts or district courts of the district,
and the territorial court of any territory
wherein such land is located shall have
Jurisdiction of the proceedings for such
condemnation.
Sec. 5. That the practice, pleading
and mode of proceedings in cases arising
under the provisions of this act shall
conform as near as may be to the prac-
tice, pleadings, forms, and proceedings
existing at the time in like causes for the
condemnation of land for railroad pur-
poses in the courts of record in the state
or territory within which such circuit or
district or territorial courts are held, any
rule of the court or local law to the con-
trary Notwithstanding.
Sec. 6. That the secretary of the in
terror is hereby authorized and en-
powered to make any rule or regulation
ne may deem advisable OF neCosoaIy 10
carry out the provisions of this act, not
in conflict Herewith, but it shall not be
necessary that such rules and regulations
shall be made in order that this act shall
become operative.