The morning call., 1894-11-21
MINING LEGISLATION.
Report of the Committee on Amend
mentS to the Code.


mentS to the Code.
The legislative committee of thu miners
convention met in parlor A of the Palace
Hotel last night, and after several honrs'
deiberation adopted the following report,
which will be presented to the convention
at the session this morning:
To the President, Officers and Members of the
California Miners ACKNOWLEDGEMENTS
Your committee on legislation beg me 10 report
follows:
We recommend the following changes in the
Revised Statutes of the United States, relating
10 mining:
Amend section 1924 SO that the same shall
read as follows:
Sec. 1924 The miners OF each mining dis
tricl may make regula ions not in conflict with
the laws OF the United States, or with the laws of
the st te or Territory In which IL is situated,
governing the location manner OF recording,
amount or WORK necessary 10 hold possession
or mining clam, subject to the fol-
lowing requirements: The location must
De distinctly marked on The ground so
that its boundaries can be readily traced such
marking TO include one post or monument at
e. Gu corner OF the claim. All records of min.
lug claims hereafter made shall contain the
name or names of The lOcaIors, the date of the
location and such description of the claim or
claims located by refe, ence to some natural or
permanent monument as will Identify the claim.
On each claim located, and until payment of
the purchase money and certificate OF entry
has been issued III refor, not less than 500
worth of labor shall be performed, or improve.
mtnls made during each year.
"WDere such claims are held in common such
expenditure may be made upon any one claim
by any work or Improvements tending 10 de-
velop any such claims The periods within
which the work required to be done annually
on mineral claims shall commence at IL
O'Clock meridian on the first day of January
succeeding the day of location Of such claim.
When the labor required by this act shall have
been performed or the improvements made an
affidavit may be filed within thirty days after
The lime Limited for the performance of such
labor or making such improvements with the
Recorder of Deeds In the county IN which the
claim or mine is situated, particularly describ-
ing the labor performed and the improvements
made, aud the plat thereof and affidavit
shall be prima facie evidence OF the
TO comply with the conditions or this
act. in the performance of labor or the
upon which such failure occurred shall be open
10 relocation in the same manner as
II no location had ever been made; provided
that the original locators, their heirs, assigns
or legal representatives do not record wOrh
upon the claim after such failure and before
such relocation, and continur the same with
reasonable diligence until the required amount
OF labor shall have been performed or improve
ments made. Upon the failure of any one OF
several cO-owne:s 10 contribute his proportion
of the expenditure required hereby the CO.
owners who have performed the labor or
made the improvement may, at the expiration
OF the year, give such delinquent c0-owner per-
sonal Golice in writing, or notice by publica ion
In the newspaper published nearest the claim,
for at least once week for ninety days, and If
at the expiration OF ninety days after such no
lice In writing, or by publication, such delIn.
quent shall fail or refuse to contribute his pOr.
ton OF the expenditure required In this connec-
tion his Int elest in the claim shall become the
property OF his cO-ownerS who have made the
required expenditure. The copy CT 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 In the county
In which SUCH mining claim Is situated, shall be
prima facie evidence OF the acquisition of such
har
or may run tunnel, or constructed roads or
trails for the purpose of developing claim or
claims owned by said person or company. the
money so expended In running said tunnel or
constructing said roads or trails shall be taken
and considered as expended on said claim or
cl 'Imsi provided. further, that said claim or
claims shall be distinctly marked on the sur
veys as provided i'll this act"
We further recommend that section 1894 of
the X vlsed Statutes OF the United States be
amended by adding thereto he following:
land the surveyors appointed under the pro-
visions Of this section shall have power to adj
minister Oaths TO their assistants
We further recommend that section 1886 be
amended so as 10 read as follows: section
1885. All affldaylts required to be made In this
chapter may be verified before any officer au-
thorizrd to administ + oatiIS 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 his seal OF office, shall
have the same force and effect as if taken
DeiOTt Tue registrar ana receiver OF Inc Lana
Office. Whenever any contest shall arise as to
the mineral character OF any land claimed 10
be subject TO en'ry or sale under an act
of Congress. 1t shall be the duty of
the Registrar of the Land Office in which
such contest Is made, 10 Immediately certify
such contest to a court of competent juriSdic-
ton in the county where such land is Situated,
and o Immediately notify the contestants and
contestee thereof. Within thirty days alter
such notice the contestant shall file In such
office verified statement OF the facts upon
else language and shall serve the same upon
the contestee, and thereafter and within the
time provided by the laws OF the Stale or Terri
tory where such land is situated, in answering
any civil action, the contestee shall file his
verified answer to such statement and there
upon the contest shall be tried and Diet rmIned
ordinary actions in such court, and
when determined such determination shall be
certified TO the Registrar aud such determine
ton shall bt binding upon him and shall be for
ever conclusive as 10 The character of the land
in question; provided that the presence of rock
In place bearing gold, silver. clnnabar, peGro-
leum or other valuable mineral shall be re-
garded as pfeSumptlve evidence that the land
containing the same Is mineral in character;
and provided. further that in investigating the
character OF land with view TO ascertaining
whether 1t is more valuable for mineral than
for agricultural purposes, evidences may be
taken of the mineral discovered or developed
adjacent 10 such land, proof OF which may be
taken as presumptlve evidence that the land is
mineral In character; ana provided, further, that
wherever land Is proven TO be within well defined
mineral belt, such land shall be deemed, pre-
sumed and taken 10 be mineral land, unless
contrary is proven; and provided further, that
the provisions Of this chapter shall be literally
construed. with view TO ala the applicant
in procuring title to the mineral lands OF the
United States, and that the rules and regula.
lions prescribed by the Land Department for
its government anu that OF its officers, in dis
posing OF said lands, shall be so formulated
ana administered as to assist the Government
in disposing OF said lands o bona tide appli-
CAMS; aud provided, further. that all applicants
for patent for lands. other than mineral lands,
upon which existed valid mining location. the
notice of which designating the section aud
township III which such location Is situated
shall have been recorded In the Office OF the
Recorder Of Deeds of the county wherein Tie
land 10 question is situated must. except when
othe rwise in this act provided, give TO such
mineral claimant notice OF such application In
writing, or by publication In the newspaper
published nearest such mining location, al