Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1896-02-22
A MINING BILL
INTRODUCED IN THE HOUSE OF
representatives BY con-
GRESHAM HEwLlHDs.

quest Of the California Miners Associa-
sion, introduced the following bill:
A bill TO amend chapter six. Of title thir-
ty-two Of the Revised Statutes. relating
to mineral lands and mining resources |:
Be 10 enacted By the Senate and House
OF Representatives of the United States
of America In Congress Assem- bled, that
section 1894 Of the Revised Statutes be
amended 90 - 10 read:
Section 1894. The miners Of each
mining district may make egulstions, not
in confiot with the laws Of the United
States or with the laws Of the State or
Territory In which the district 10 situated,
governing the location, manner Of re-
cording, amount Of work necessary TO
hold possession OF . mining claim. sub
ject 10 the following requirements: The
location must be distinctly marked on the
ground BY posts or monuments so that Its
boundaries can be readily 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 identity 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 TO
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 hun
dred feet in length along the vein, until
payment OF the purchase money and
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 70 be done
annually on mineral claims shall COM
mence at twelve O'Clock meridian on the
fret 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
affidsvit may be filed within thirty days
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 il situated,
particularly describing the labor per-
formed and the improvements made, and
value thereof, which affidavit shall be
prims fscie 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 ss II 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 ths
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 10 contribute his proportion Of the
expenditures required hereby, the co-own-
ers who have performed the labor or made
the Improvements may, ~ the expiration
of the year, give such delinquent CO.
owner personal notice 10 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 Sec
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 afidavtt
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 Q person or company has or may run
q tunnel for the purpose Of developing Q
claim or claims owned by seid person or
company, the money 20 expended In run
ming said tunnel shall be taken and oon-
sidered a. expended on said claim or
claims; provided further, that said claim
or claims shall be distinctly marked on
the surface ~ 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 70 administer oashs 70 thsiE
assistants"
SEQ. 8. That section twenty three hun.
and thirty-ive Of the Revised Statutes be
amended so ~ TO read:
''Sec. 1886. All afidavits required to
be made under this chapter may be veri'
fed before any ofioer authorized TO ad'
minister osths 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 - Il
taken before the Register and Receiver o.
the Land Office. In cases Of contest ~ u
the mineral or agricultural character o.
the land, the testimony and proofs may b
taken. as herein provided. on personal mo-
tice of a. least ten days TO the opposinf
party. or II such party cannot be found
then by publication Of Al least once . weel
for thirty days in . newspaper TO b
designated by the Register OF the Lane
Office as published nearest TO the location
Of such land. and the Register shall re
quire proof that suoh notice has beer
given; provided, that the presence OF rocl
in place bearing gold, silver, cinnabar
petroleum. or other valuable mineral
shall be regarded % presumptivs evidence
always has been, mineral In character
and provided further. that In investigat
ing the character OF land with view Il
ascertain whether ID 10 more valuable fol
mineral than agriculture, evidence may b
taken OF the mineral discovered or devel
oped adjacent 10 such land. proof OF whicl
shall be presumptive evidence that th'
land in question is. and always has been
M ineral in character; and provided fur
thsr. that wherever land is proven TO be
we'll defined mineral belt such land shal
be deemed. presumed and taken to be, ans
always TO have been, mineral land. unles
the contrary 10 proven; and providet
further, that the provisions OF thii
chapter shall be literally construed
with the view TO aid the applicant In pro
curing title TO the mineral lands OF thu
United States, and shat the rules and reg
uiations prescribed by the Land Depart
ment Of the Government and that OF III
officers, In disposine OF said land. shall b,
so formulated and ad dministered as TO assis
the Government In disposing Of said land
to bona fide applicants. and not so a. II
irnnada tha aale thereof or impoaa mar