Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1894-10-20
A MINING BILL
INTRODUCED IN THE HOUSE OF
REPRESENTATIVES BY CON-
GRESHAM kEMlknDS.

Hon. Francis G. Newlands, ct the re.
quest Of the California Miners Associa.
tion, introduced the following bill:
A bill to amend chapter elk, OF title tbir.
ty-two Of the Revised Statutes. relating
to mineral lands and mining resources
Be 1t enacted by the Senate and House
OF Representatives Of the United States
OF America 10 Congress Assem- bled, that
section 1924 OF the Revised Statutes be
amended 80 as to read:
Section 1924. The miners OF each
mining district may make regulations, not
III conhicl 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 mining claim, sub.
| ieet TO the following requirements: The
location must be distinctly marked on the
| ground By posts or monuments so that It's
boundaries can be readily traced. All
records OF mining claims hereafter made
shall contain the name OF names Of the
| l3catcrs, the date of location, and such a
| description OF tho claim or claims located
/ by reference to some natural object OF
| permanent monument az will identify the
/ claim. On each claim located after the
tenth day Of May, eighteen hundred and
sefenty-Iwo, and until payment Of the
! purchase money and certificate Of entry
has been issued therefor, not less thsn one
/ hundred dollgrs worth oi labor shall be
/ performed, or Improvements made during
each year. On all claims located prior to
the tenth day Of May, eighteen hundred
| aud geveniy.two, ten dollars worth OF
labor shall be performed, or improvements
rna 4 dprfuU ~. fr,~ 49,.
dred feet in length along tic vein, until
payment of tue purchase money and a
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 COM
meace at twelve o'clock meridian On the
fret day OF January succeeding the date
of location OF sueh claim. When the
labor required by this Acc shall have been
| performed, or improvements made, an
affidavit may be filed within thirty days
after the time limited for performing such
lsbor, or making such improvements,
with the recorder OF deeds OF the county
in which the claim or mine is situated,
particularly describing tho labor per.
formed and the Improvements made, and
value thereof, which affidavit shall be
| prims facie evidence Of the fact therein
| stated, and upon q failure to comply With
the conditions Of this Act in the perform
an OF labor or making Of improvements,
1 tbs claim or mine upon which such failure
occurred shall lie open to relocation in the
same manner as il no location Of the same
| had ever been made; provided, that the
| original l0cators, their heirs, assigns, or
| legal representatives do not resume work
upon the claim after suoh failure aud be.
/ fore snch relocation, and conti1ue ths
same with reasonable diligence ultil the
required amount OF labor shsll have been
| perfor med or improvements made. Upon
I the failure Of any one Of the several CO.
owners to contribute his proportion OF the
| expenditures required hereby, the oo.own.
efs who have performed the labor or made
| the improvements may, 81 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 q. least once q week
| for bioety days; snd II At the expiration
OF ninety days after such notice In STiting,
! or by publication, such Delinquent shsli
fail or refuse TO contribute his proportion
Of the expenditure required by this SEQ
lion, his interest In the claim shall become
the property OF his 90 owners who have
made the required expenditures. copy
OF such notice. together with an afidAvii
showing personal service or publication,
ss the case may be, of such notice when
filed and recorded with the recorder Of
deeds O! the county Ia which such mining
claim il situated shall be evidence Of the
acquisition Of title OF such eo-owners.
When person or company has or may run
a tunnel for the purpose OF developing
claim or claims owned by said person OF
company, the money go expended in run
ming said tunnel shall be taken add con.
sidsred as expended on said claim or
claims; provided further, that said claim
or elaine shsll be distinctly marked on
the surfsce as provided ia this Act"
SEQ. a. 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 appoin ted
under the provisions OF this section shall
have power TO administer oaihs to their
assistants"
Sec. 8. That section twenty three hun
aud thirty five OF the Revised Statutes be
amended so as to read
"sec. 1885. All affidavits required TO
be made under this chapter may be veri
fied before any officer authorized TO 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 tasen before any such officer, and
when duly certified by the officer taking
| the same, attested by his seal Of Office,
| shall have the same force and effect as il
taken before the Register and Receiver of
the Land Office. In cases of contes; as to
the mineral or agricultural character Of
the land, the testimony and proofs may be
taken, as herein provided, Oh personal no
| tce Of at least ten days TO the opposing
party, or il such party cannot be found,
then by publication OF at least once week
| for thirty days in newspaper to be
| designated by the Register OF she Land
0ffice as published nearest to 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 presumptiye evidence
| that the land containing the same Is. and
always has been, mineral in character;
and provided further, that in inyestigst-
ing the character OF land With view to
! ascertain whether il ia more valuable for
mineral than agriculture. evidence may be
taken Of the mineral discovered or devei-
oped adjacent to such land. proof Of which
! shail ue pfesuAlptiNo tfiuN"NS 'NHt '"e
land in question il, and always has been,
mineral in character; aud provided fur
ther, that wherever land is proven 10 be a
well-defned mineral belt such land shall
be deemed, presumed sud taken TO be, and
always to have been, mineral land, unless
the contrary il proven; aud provided
fui ther. that the provisions of this
chapter shall be literally construed
with the view to aid the applicant in pro
caring title 10 the mineral lands Of the
United States, and that the rules and reg
ulations prescribed by the Land Depart
ment Of the Government and that of its
officers, in disposing Of said lard, shall bt
30 formulated and administered as to assisi
I the Government in disposing OF said lands
/ a hnnn Al nnnlican.a and mt n \ Il