The Philipsburg mail. [volume] (Philipsburg, Mont.) 1887-current, 1898-04-29


dependent. " While aiming thus to
satisfy the friends of independence,
and also meet the wishes of the Presi
dent. this did not altogether do ether,
though it is in fact the language final
" adopted by the conference Of the
two houses. AS the resolution now
adopted stands the Republic of Cuba
stands unrecognized by the United
States while we affirm, however, that
the people of the island have in reality
won their freedom.
The scene in the House when the
Senate resolution was acted upon was
most dramatic one. The speaker and
the Democratic leader Bailey had an
other tilt, in which the latter showed
much heat while Tom Reed sat with
exasperating GOODNESS and with a Gym
ical smile playing over his face.
While the debate was going on in
the Senate many prominent people
We're present. Among these were
Evangelina Cisneros, the Cuban girl
rescued by the Journal, and the chill
dren of DR.. Ruiz, the American who
was so foully murdered in Havana.
During the wait in the Senate for
the report Of the conference committee,
Senator Carter introduced bill pro-
viding for the opening of the Fort Ma
ginnis military reserve.
1t has not been decided here, SO far
as l can learn, to what assignment
Lieut. Wallace and Lieut. Ahern will
be called when the Montana guard is
called upon. Both men will undoubt-
edly get good berths.
1t is gossiped here that Major Alder
sou will receive the appointment of
miaoral land commissioner for the
place vacated by Senator Green.
John Walsh of Bozeman is in the
city. Mr.. Walsh states that the Gal
latin valley has had the most prosper
Gus year in its history, aud the signs
are for good year coming.
The committee on mines and mining
has reported the following bill favor
ably to the House, which body passed
it with very little debate:
''Ba it enacted, etc. That only T5O
| feet on eaci, side of the center line of a
tunnel site (described 1N Section 1923,
Revised Statutes of the United States)
shall he reserved for tunnel locations
provided. shat any location made in
Il tnanel may take any part of 1906 lin
ear feet on one side ANIL the remand del
on the other; or tt, owner of sail q
tunnel site may take I, full claim Of
1905 feet on one side ald 1900 feet on
the other side, if tsAat part of said
claims, 'cxtendcd beToud $50 feet OF
the center line in SAID tunnel. does no,
conflict with any prior location.
"Sectien 2. That any vein OF lode
cut in said tunnel Rhall be staked on
| the surface and recorded within sixty
/ days from the time the same is cut il
the tunnel, in the manner provided
fer socanions at the surface, as far al
practicable. otherwise the same shall
be subject to discovery and location
! outside of the unabandoned workings
Of said tunnel claim by any qualified
person.
"Section g. That The owner Of said
claim shall be entitled to all ore tc
the apex sof what are called by Winners
generally vertical lodes though such
apex may not be included in tho boun.
| daries as ,staked on the surface
The repsrt of the committee stated
in part:
1.-The evil that Section 1 seeks tc
cure is to .oonfine the right of the tun-
! mel claimant to 80 feet Oh each side
of the line Of the tunnel should the
extension of the clam Beyond $50 fee,
from the line of the tunnel conflict
with the rights of any pcevous locator.
II the tunnel claimant does not oon
fict with any other locator he may
under Section l of this bill take a full
claim Oh one or both sides of the line
of the tunnel
''Sectinn 81 imply requires tunnel
claimant 90 stake his claim at the snr-
face and record The claim within sixty
days. from the time the vein is cut,
otherwise it will be deemed that he
has abandoned the same should any
other locator discover the same claim
outside the tunnel and locate the same.
"Section 3 Of the bill gives the
claimant ali ore from the point
touched to the surface, even though
the apex Of the vein may depart from
the side lines -
In explanation of the bill Represen-
tative Bell eXpounds the following to
| the House in substance:
The necessity for the proposed leg
islatiOn has arisen by reason of de-
cision of the supreme court of the
United States. 1t has been understood
that whenever a party located tunnel
site he was entitled to claim Oh all
veins or lodes that intersected the
tunnel on equal distance on each side
of the tunnel to the extent of 750
feet. The supreme court has decided
that upon striking vein the tunnel
owner has right to take all of the
distance given to him by law, to-wit !:
1900 feet on the vein from either side
of the tanuel. That, Of course, gives
the tunnel site owner considerable
advantage over what the miners
thought he possessed, and inasmuch it
is found to work hardship. as the
distance allowed is considerable from
the tunnel. it has been deemed best by
the miners in our section of the coun-
try that the distance should be limited.
This bill attempts to limit it by re-
quirlng the tunnel site owner shall
claim distance of no more than 1900
feet along the vein, half of which
shall be on each side of the tunnel in
stead of allowing him 1900 feet on
either side of the tunnel as the law
now provides. which practically gives
him control Of width of 5000 feet.
1t really cuts down the rights of the
tunnel site owner to what half it is at