Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-12-19

commissioner of the general and office
may prescribe: Provided. that the pres
ence of rock in placer bearing gold. silver.
%cinnabar. petroleum, or other valuable
mineral shall be regarded as prima facie
evidence hat the land containing the
same is mineral in character: And pro-
Nided further, that in Investigations the
haracter of land with a view toascertain-
ing whether it is more valuable for miner
al than agriculture, evidence may be TAX
al anagriculture evidence may be taken
of the mineral discovered or developed
adjacent to such land"
Sec. 5. That section twenty-three
hundred n thirty-seyen of the Revised
Statutes be amended so as to read:
Sec. 1887. Where n~on-lnineral land
not included in a lode claim is used or
occupied. or is intended in good faith to
be used or occupied by the proprietor of
such vein or lode claim for mining or
milling purposes. such non-n'neral sur
face ground may be embraced and in
cluded in an application for a patent for
such vein or lode claim. and the same
may be patented Herewith or separately,
subject to the same preliminary reQuire-
ments as to survey and notice as are
applicable to vein or lode claims: but no
location hereafter made of such non
mineral land shall exceed ten acres. n
paymen for the same must be made at
the same rate as fixed by this chapter for
the superficies of the loo claim. The
owner of a quartz mill or reduction
works, not owning a mine in connection
Herewith, may also receive a patent for
his mill site, as provided in this see
ton
Sec. 6. That section tWenty-three
hundred and thirty-eight of the Revised
Statutes be amended so as to read:
Sec. 1888. AS a condition OF sale each
patent shall reserve the right of way
= / ,@,, .l~ -, A,.,,, o1s~;,- a;,1 E~-,
roads, bitches, canals. cuts, tunnels II
other for the purpose of
working mines and for agricultural pur-
poses: Provided, That any damages Oc-
casioned thereby shall be assessed and
paid i'll the manner provided by The laws
of the state or territory in which such
mine is situated for assessments and pay
ments for land taken for public use
under the right of eminent domain. And
the rights n easements heretofore re-
served under the provisions OF this sec
ton twenty-three hundred and thirty
eight of the Revised Statut@s) in patents
heretofore issued shall be regulated and
made available as herein prescribed"
Sec. Z. That toWn-site entries may be
made by incorporated towns and cities
on the mineral lands of the United
States, but no title shall be acquired by
such towns or cities to any vein of gold,
silver. c%innabar. copper or lead, or to
any Nalld mining Cam or possession
held under existing law. When mineral
veins are possessed within the limits of
an Incorporated town or city, and such
possession is recognized by local au-
thority or by the laws of the United
States, the title to own lots shall be
subject to such recognized possession
and the necessary use thereof, and when
entry has been made or patent issued for
such town sites to such incorporated
town or city. the possessor of such min
eral vein may enter and receive patent
for such mineral vein n surface
ground recognized by the local laws n
statutes of the United States not held
or possessed adversely to the claimant
for such mineral vein by other than the
said city or town, or when it shall appear
that the claimant otherwise entitled to
uch mineral claim has acquired title to
such surface ground from the said city
or town. Provided. That no entry shall
be made by such mineral-vein claimant
for surface ground where the owner or
occupier of the surface ground shall
lave had possession of the same before.
the inception of the title of the mineral
vein aDDlicant.