The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-12-22
The Association Finds the Leg
isIature Exhausted
WANT CONGRESSIONAL HELP
And So Prepares Certain -Four Bills of
Importance
They Have Been Agreed Upon and Adopted
by the Executive Committee and Their
Passage Recommended

ORIllZiuS ttldb Tie StdtO hoS No'AS
all it can within its limited sphere of juris-
diction for the miner and his interests,
feels it necessary to look to congress for
relief. With that object in view it has
prepared, or caused to be prepared, GER
tain four bills which are of great import
ance to the mining industry of the state.
The bills referred to have been agreed
upon and adopted by the executive COM
mittee of the association and their passage
by congress recommended. The first is a
bill to amend an act entitled. An Act to
Create the California Debris Commission
and Regulate Hydraulic Mining in the
State of California, approved March l.,
1898, by amending section % thereof. 1t
reads as follows:
Sec. %. Any person or persons who
WiIfully or maliciously injure, damage or
destroy, or attempt to lnJure, damage or
destroy any dam or other works erected
under the provisions of this act Tor re-
straining, impoundiDg or settling purposes,
or for use in connection herewith, shall De
guilty of misdemeapor, and on convlc-
ton thereof shall be fined not to exceed
the snm of $500 or he imprisoned not to
exceed five years, or by both such tine and
Imprisonment. in the discretion OF the
ny or corporation, their agents or en-
ployees, who shall mine by the hydraulic
process directly or indirectly injuring the
navigable rivers of the United States in
violation of the provisions of this act, shall
be guilty of a misdemeanor, and upon con-
viction thereof shall be punlShed by Hne
not exceeding $500.
The second is bill to amend chapter six
of title thirty-two of the revised statutes,
l. and yr,ininn
sources and reads as follows:
"Sec. 1924. Miners of each mining dis
trict may make regulations not in conflict
with the laws of the United States, or with
the laws of the state or territory in which
it is located, governing the location, man.
ner of recording, amount OF work neces-
sary to hold possession of mining claim,
subject to the following requirements: Inc
location must be distinctly marked on the
ground SO that Its boundaries can be read
ily traced, such marking to include one
post or monument at each corner OF the
claim. All records of mining claims here
after made shall contain the name or
names OF the locators, the date OF the loca-
ton, and such description of the claim or
claims located by reference to some ma
tural object or permanent monument as
will identify the claim. On each claim To-
Gated, and until payment OF the purchase
money and certificate of entry has been
Issued tneT6IOr. uOU lGsS tiietlf FlOo WI VI
of labor shall be performed or improve
ments made during each year.
"Where such claims are held in common,
such expenditure may be made upon any
one claim by any work or Improvements
tending to develop any such claims: Inc
period within which the work required To
be done annually on mineral claims is TO
performed shall commence at II o'clock
meridian OH the first day of January sue
ceedng the day of location of such claim.
'.When the labor required by this act
shall have been performed, or the inn
provements made, an affidavit may be
filed within thirty days after the time linn
tied for the performance of such labor, or
making of such improvements, with the
recorder of deeds in the county in which
tn claim or mine is situated. particularly
describing the labor performed and the
improvements made and the value there
of. which affidavit shall be prima facie evil
dence of the facts therein stated; and upon
failure to comply with the conditions of
this act in the performance OF labor or the
making of improvements the claim or
mine upon which such failure occurred
shall be open to relocation in the same
manner as if nc location had ever been
made; provided, that the original locators,
their heirs, assigns or legal rep
resentatives do not resume work
upon the claim after such failure, and be-
fore such relocation, and continue the
same with reasonable diligence until the
required amount of labor shall have been
performed or improvements made. Upon
the failure of any one of several co.owners
70 contribute his proportion of the eXpend-
iture required hereby, the co-owners who
have performed the labor or made the i'm
provements may, at the expiration OF the
year, give such delinquent co-owner per-
sonal notice in writing. or notice by publ
cation in the newspaper published nearest
the claim, for at least once week for 80
days, and if at the expiration OF 80 days
after such notice in writing, or by publica-
ton, such delinquent shall fail or refuse to
contribute his proportion of the expendi-
ture required by this section, his interest
In the claim shall become the property of
his co-owners who have made the required
expenditure. A copy of such notice, to-
gether 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 title of such co-owners. Where a per-
son or company has run or may run tun-
mel, 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 claims; provided, further, that
said claim or claims shall be distinctly
marked on the surface, as provided in this
act.'
"And the surveyors appointed under the
provisions of this section shall have power
70 administer oaths to their assistants.
''Sec. 2335. All atfidavits required tC
be made under this chapter may be veri
fed before any officer authorized to adj
minister oaths in the state or territory
where the claim may be situated, having
an official seal, and all testimony and
proofs may be taken before any such Off
Ger, and when duly certified by the officer
taking the same, attested by his seal OF
office. shall have the same force and effect
rs if taken before the register of the land
Office. Whenever any contest shall arise
as 10 the mineral character OF any land
claimed to be subject to entry or sale under
an act of congress, all proceedings shall
be stayed until the controversy shall have
been settled or determined by court OF
competent jurisdiction IN the county where
Nuch land is situated, or the contest with
drawn; and it shall be the duty of the reg.
lister of the land Office in which contest is
made to Immediately certify such contes,
TO such court, and to Immediately notify
TIE contestant and contestee thereof.
Within thirty days after filing such con
toet the contestant shall file in such court
verified statement of the facts upon
which he bases his contest in plain and
concise language, ana shall serve
this same upon the contestee
ami thereafter and within the time
provided by tne laws OF the state or terri.
tory where ereo land is situated, for an.
sweging in any civil action, the contestee