The San Francisco call., 1899-08-12
STATE MINING
LAWS STANDS
UNREPEALED
Startling Find of a Big
Blunder.
CHANGES FOR CLAIM JUMPERS
THOUSANDS OF MINING LoCA-
TIONS ARE VOID.
An Omission in a Repeating Act
Leaves the Statute in Full Force,
With Possible Dire Con-
sequences.
CHANCES FOR CLAIM JUMPERS
THOUSANDS OF MINING LoCA
TIONS ARE VOID.


the course of legislation in this State.
The last Legislature undertook to re-
peal the State mining law of 1897, regu-
ating the location of mining claims and
ever since the approval of the supposed
repeating act, March 20, 1899, the miners
and mining lawyers of the entire State
have assumed that the law was repealed
and that the location of mining claims
in this State had been wholly relegated
10 the Federal mining law and to sup.
Elementary rules and regulations Of local
mining districts where such were organ
lied.
All mining locations made since March
- last have been made with this under
standing and probably in no case has the
law of 1897 been observed. There has been
remarkable and unprecedented activity in
prospecting the mineral regions this year
and the number of mining locations made
since March % reaches into the thou
sands. \ good many of these locations
cover rich discoveries. that are veritable
strikes" and have already developed
much value Many have been sold or
bonded Some have been sold for thou
sands OF dollars.
Now it is discovered. according to emf
neut mining attorneys, that the State law
was not repealed. that there has probably
not been a valid location OF d mining
claim made in the State since last spring;
that every claim SO taken up is in fact
not legally held by any onet but may be
legally Jumped" and acquired by the
first fellow who files a valid location aC-
c0rdinE to the State law and that there
Is every prospect OF a frightful mess of
trouble and litigation affecting titles and
possession with a possibility of shOtguns
cutting figure here and there.
The repeating act as it was passed by
the last Legislature appears in the stat
utes as follows.
CHAPTER CXIU
An act 10 repeal An act prescribing the
manner of locating mining claims upon the
public domain Of the United States, recording
notices Of location thereof, amending defective
locations, and providing for the deposit OF dis
trict records with County Recorders, and pre-
scrtbing the effect to be given 10 recordation of
notices Of location and afhdavits. approved
The people Of the State of California, repre-
sented in Senate and Assembly, do enact as
Section An act to repeal An act prescrib-
ing the manner of locating mining claims upon
the public domain of the United States, record
ing notices Of location thereof amending de-
fectfve locations and providing for the deposit
Of district records with County Recorders and
prescribing the effect TO he given TO recordation
March q, 1897, is hereby repealed.
Sec. 2-This act shall take effect Immediately.
The title of the act is all right, but a
moments consideration Of the COnStruc-
ton of section reveals the error. The
trouble can be quickly understood by
emitting the matter in quotation marks
and reading; An act 70 repeal (an act,
repealed This aCCOmplshes nothing. It
Tepeals IAN act To repeal" and there was
no such act to be repealed II the first
line had read, An act entitled An act,
etc. 4" is hereby repealed - the end
sought would have been accomplished.
The mistake is said to be primarily
Chargeable to the Assembly Committee on
Mines and Mining. of which eX-COngTess-
man A. Caminetti of Amador a mining
lawyer of much legislative experience,
was chairman.
It is remarkable that the blunder was
not observed by any legal sharp in either
house or by the legal sharp who approved
the bill as Governor, or until this time by
any of the mining lawyers and mining
men 50 much interested in the measure.
The State law had required location
notices OF special form among other
things, and when II was understood 70 be
repealed the old forms became necessary.
There was much doubt about proper
forms, and the executive committee of the
California Miners Association decided to
prepare and recommend one. Secretary
+. H. Benjamin requested A. II. Ricketts,,
the Wel-knOwn mining attorney, chair
man of the mineral lands committee of
the association, to prepare a form TO be
issued free by the association. During
his consequent close scrutiny of the la W
Mr.. Ricketts, made the discovery. Secre-
tary Benjamin has this week discussed
II with other eminent authorities on min
ing law, lncludlng Curtis H. Lindley and
John NJ Wright, and they all gave the
opinion that the law Of 1897 had not been
repealed.
Mr.. Ricketts, has thoroughly investigat-
ed the legal situation and believes that
there IS no question about the State
mining law having remained continuous
1897. !' sle'' since 10 approx d. March T.
There is no ambiguity in the repeal
ing act " he said yesterday "and moth
ing on which the court could hang a
construction in accordance with the evil
dent intent expressed in the title. The
language is plain and can express but
one meaning: 1t says plainly, an act to
repeal, etc, is repealed. The title of an
act may be resOrted TO only in connection
with some ambiguity in the act and can
in the act itself. The language of the act
being definite and precise there is no
room for construction and the court can
not under the rules Of the construction
Of statutes go outside of 1t and under pre-
text IF construction cure supposed blum
der Of the Legislature in attempting to
repeal a statute never passed. The Su-
pTeme Court has neld, in Harpending vs..
Haight C39 Cal. 1881, that the motive of
a Legislature is not for judicial inquiry.
Section 1888 Of the Code of Civil Procedure
denies court power TO supply omissions
in a statute.
March 20, 1893, otherwise than according
TO the law Of 1897 is a valid one. Every
claim holder should quickly relocate his
claim according to that law. Any such
claim is open TO location by any one. 1t
would not legally be tTeSSpaSS for any one
TO relocate part or all of such a claim
accordlng 70 the State law, though posi-
bly, II must be done peaceably. The courts
would undoubtedly maintain possession
by the first one who complied with the
law. 1t will work great hardships and
wrongs undoubtedly, but such appears to
me 10 be the legal situation"
II Mr.. Ricketts, and other mining law
Yers are correct the situation win in
truth be. frightful. When caim-j Jumping
is possible there are always clalm-j jump
ers and often shotguns around. Hundreds
of prospectors who have claims and
hopes will be in sad ,predicaments Titles
will he uncertain and all sorts of compli-
cations will arise If the State law has
in fact risen from the dead to plague
the hills and the roaming searchers for
gold and copper, oil and other varied
riches hidden III their veins and beds
The Federal mining law is of rather
skeleton form, prescribing but brief re-
quirements regarding locating and hold
ing mineral claims, and allows and con
templates supplementary laws by the
State and also by local mining districts
Regarding locations it says:
The miners of each mining district NAV mako
regulations not in conflict with the laws of the
United States with the laws OF the state or
Territory in which the district is situated gov
erning the location, manner of recording
amount Of work necessary to hold possession OF
a mining claim, subject to the following re-
ouirements: The location must be distinctly
marked the ground, that its boundaries
car be readily traced All records Of mining
claims hereafter made shall contain the no mo