The Wadsworth dispatch. [volume] (Wadsworth, Nev.) 1892-1899, 1899-01-21

the valid laws Oh TIE SIate al" vain
rules established hy minere, in f"rce ii
the district WHERE the claim il situated
upon ahirll such right depends.
Failure to comply with such laws and
rules works Il forfeiture whether the lave
and rules provide for forlt ituIe for non
compliance or not, AID the mining claim
becomes subject to location by any quail
lied locator.
Mallett VS. Uncle Sam etc, | New. lS5.
OreamnLo We. Uncle sam, etc., ! New.
2l5
Bariinger & Adams, 300.
Counsel for appellents admit that the
State Legislature may regulate the mode
OF acquiring and maintaining possession
Of mining claims provided that the leg
islatiOn il not in conflict with the laws
OF the United States, but contend, that
AS the act oi Congress gives Il e locator
OF anime one year at least after he has
made his location 10 do the required
amount OF work in order to hoid it, an
act OF tie Legislature limiting the time
is in conflict with the act OF Congress;
they say: "Allhough under this pro-
vision of the act of Congress the Legis-
lature would he authorized, no doubt, to
require locators TO do more than OF e
hundred dollars worth vi work annu-
ally, but not to limit the time within
which it should be DONE"
The contention that although the Leg
islature may properly require a greater
amount of work than Congress has pre-
scribed, but cannot limit the time in
which to do it, does not strike us with
any great force OF reason. Congress has
made the one hundred dollars worth OF
labor the minimum amount to he done,
and the time named is the maximum
time for the performance Of the work
without the risk OF forfeiture. We think
the Legislature may require u reasonable
additional amount Of work to he done
annual, and u reasonable amount OF
work To complete the location lib U. B.
supra, or alter location, a reasonable adj
dltlonal amount Of work within u reas-
enable lime, less than the time named
by Congress Tor the annual expenditure,
as "a condition 10 the continuance vi HE
right acquired by location of the mine.
The Slate may not by its legislation
dispense with the performance Of Il g
conditions imposed by National law, nor
relieve the locator from obligations vi
PERFORMING III good faith those acts
which are declared by it to be essential
to the maintenance and pe~rpetuation Oh
the estate acquired by location. Within
these limits the STATE may legislate. NJ
State llas the right tu decrease the
amount vi labor which congressional law
requires u lie done Annually On a min
ing claim. The law clearly implies that
the States and Territories, or the dis
trict organizations, in the absence Of
state or territorial legislation, may in-
crease the 0 OF such labor" (Lind-
ley OH Minrs.)
The congressional law. We think, as
clearly implies that the States and Terri
tories may require u reasonable amoun;
oil wvik 10 be done within Il reasonable
time after loraIion independently vi the
annual assessment wurk prescribed D,
Congress.
We are aware that the policy of the
Nevada Statute is questioned by man,
miners and PROJECTORS, but the Count.
are not 10 question such policy. The
question OF policy is solely lor the lesis.
latlve department to determine.
The judgment and order appealed iron.
affirmed.
We concur: BnLRNAp, J
MASSEY, j..