The San Francisco call., 1896-10-31
WORK CUT OUT
FOR THE MINERS
New Business to Come
Before Their Con-
vention.
Laws Needed as to Locations
and the Rights of Co. :.
Owners.
A sECRETARYsHIP OF MINES.
A Suggestion That the Industry Be
Represented in the Board of
Regents.
i sECRETARYsHIP OF MINES.

Ny
will meet in this City on the 10th of No
vember, will have brought to its attention
more questions of importance to the min
ing industry at large than any of its
predecessors.
Aside from the unfinished work in con-
nection with the mineral land act now
before Congress and the reopening of
hydraulic rnines which is in the nature OF
unfinished business, there will be brought
to the conventions attention the question
of the establishment of a secretaryship of
mines in the Federal Government, the
appointment by the Governor of mining
man in the Board of Regents of the State
University, matters in connection with
the Mining Bureau and The adoption by.
the Legislature and Congress of suitable
general laws in regard to mining.
In this last connection the Mining and
Scientific Press has had prepare for the
consideration of the convention by A. H.
Ricketts, of this City number OF proposed
laws and constitutional amendment, :
OF these one hatwlll be of most interest
to miners of all classes is law to supple
ment the Federal mining law as TO. loca-
tions, manner of recording and the rights
of co-owners.
The Federal mining law contemplates
that the miners OF each mining district
and the different States and Territories
may supplement the statute by regula-
tions or laws governing the location,
manner OF recording amount OF work nec-
essary to hold possession of a mining
claim, subject to requirements which need
not be here expressed. All the mining
States, except California and Nevada, and
all the mining Territories have long since
seen the necessity of adopting general
code of laws relating to the above subjects,
annual assessment work and the rights of
co-owners. This. necessity became appar-
ent from the facts that the laws and Gus
toms of one mining district had no force
or effect in any other mining district, that
the regulations and customs were always
to be proven, and that they became inop-
erative by disuse. This led to intermin-
able confusion, which Was obviat.d by
general laws.
The want of such law in this State
has led to conflicting decisions and given
an instability to the locatof's right to his
claim. 1t has misled the locator into the
ruinous belief that the recording OF his
'noticeoin every event was an evidence of
bis title; yet the Supreme Court OF this
State has held that, in the absence of
local rule or custom providing for the
record, IL is useless for any purpose.
The marking OF a location, next to the
discovery of mineral thereon, is the most
essential requisite of location; yet there is
nothing in the Federal law or the law of
this State which provides for the size,
character, position or marking of such
monuments. In one mining district,
therefore. III this State the marking of
mining claim may be accomplished by
marking the center line with stake or
and notice thereon, and per-
haps in the adjoining district locat or
ha fod IN nc
nine monuments upon his claim.
The Federal mining law provides for the
advertising out of a delinquent co-owner,
but the State law has not, until recently,
provided that the record of such proceed
ings was evidence of any fact therein con-
tanned, Dor does it now provide that evil
dence may be had to show that the pro-
ceedings had been annuiled by due nav
ment OF the delinquent's proportlonate
share.
The Federal mining law provides for
'millsites and tunnel rights, but the would
be locator of such claims is at sea as TO
what constitutes proper marking of his
location. The Land Department OF the
United States has endeavored by repula-
ton to give the tunnel-right locator at
least proper mode of monumenting his
claim.
The law which had been prepared by
the press on these subjects is designed to
add stability to the miners title aud fur-
nish him a safe guide for the acquiring of
the different classes of mining Claims as
we'll as overcome many of the conflicting
decisions in the courts upon these SUBJ
jects.
In addition to this is presented an
amended mechanics lien law. The me-
chanics' lien law of this State gives very
little protection to the working miner.
In fact the Supreme Court has duced
miner is concerned, in the case of Jurgen-
son VS.. Diller and in the opinion which
declared that no lien existed where prop
erty worked was upon ground held under
an agricultural patent or Mexican grant.
Another law proposed is an amend
ment to the existing Federal law in
more clearly defining what shall consti-
tute placers. A late decision of the