Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1896-02-26
THE LAW is IN EFFECT
Mineral Locations Can Be Made
on CoIvile Reservation.
THE BILL HAS BEEN SIGNED
Pre- spectors Free 10 swing Picks and
shoveis as Soon as They Strike
Lead.

An Associated Press dispatch of three
lines has started scores of men on
tramp through snow and over mountain
and meadow in search of rich mineral
locations The dispatch is short, but
is purely to- the point. 1t follows:
Washington, Feb. 2O.--The president has
signed the bill extenaing the operation of
mineral land laws to the north half of
the Colville Indian reservation, in Wash
ington.
The north half of the Colville reserva-
ton is now open to mineral entry and
development. The prospector is as free
to pitch his tent and swing his pick in
there now as he Is upon any other part
of the public domain. 1t was stated
around town yesterday that while the
president had signed the bill, the law
would not take effect for co or 80 days,
but that was an error. The bill became
operative from the date of the presi-
dents signature.
Every bill takes effect as a law from
the time when 1t is approved by the
president, and then its effect is pros
pective and not retrospective. The doc
trlne that in law there is no fraction Of
day is mere legal fiction, and has no
application in such case.--2d Story,
57l."
And in Gardner VS.. Barney Sixth Wal
lace, the United States supreme court
decided that "the date of the presi-
dents approval of bill is undoubted-
ly the date on which it becomes law"
The belief that the reservation would
not be opened for 80 days probably
arose from the fact that under the
| Washington state constitution acts of
| the legislature, as a rule, do not be-
| come operative until 80 days after their
passage.
| If the mineral lodges on the reserva-
ton should prove to be OF great value,
there will be fine pickings for the legal
fraternity
The soil up there is wonderfully fer
tile for lawsuits. For instance 200 or
300 claims had been claimed and re-
corded with the county auditor at Col
vile prior to the passage of this law.
It being eontended by capable attorneys
that the reservation was really opened
TO the mineral laws in 1892 In most
cases persons who have made such To-
cations will try to be upon the ground
and make new locations under this law
A member of the syndicate that
| brought the suit before Judge Han
| yesterday
that his company had men upon the
| reservation to protect their interests in
this manner.
But If they should fail? If others
should get ahead of them and file on
the lodges under the new law?" asked
| the reporter.
Then there would be a legal fight.
and the chances are it would not stop
short of the supreme court of the
United States. Mr.. Hepburn tells us
we have clear case, and we are not
| going to quit If some jumper has fled
upon our claims"
Just when did this bill become a
law" asked a reporter yesterday of a
number of we'll known attorneys. WAS
1t law from the moment the president
affixed his signature or was it a law
all day."
The question was puzzler, and set
the attorneys to searching among their
law books. 1t was found that the au-
thorities differed, and the lawyers were
not inclined to express an opinion until
they could make further research
Where an off hand opinion was express
ed. the view generally taken was that
ii became a law from the moment the
bill was signed.
| '.But consider what source OF un-
certainty that would open up" said a
well known attorney. THE president
has many bills to sign. and can not be
expected to remember the exact hour
he signed q particular measure. There
is no authority requiring him even te
affix the date Of his signature, although
l believe the day of the year is now
always made part of the record. The
supreme court of the United States has
decided that where the date is not af-
fixed, the courts may consider evidence
tending to establish the date
If contest should arise over priority
of location, this legal point might de-
termine the ownership.
Word came down from the reserva
ton yesterday that men were still com
ing in large numbers 1t was said thai
; on one ledge on Fourth of July creei
eight men were at work al one timt
stalking out claims.
|
GOLD RESERVE OVER THE MARI
| Toassa3 Fba n,o II,Ydrad NIil1io,, Ioo{,a