Daily inter mountain., 1900-12-21

hereafter be made, on any mineral vein,
lode, or ledge, situated on the public do
MAN," so long as they COM
ply with the laws of the United States
and with state, territorial. and local reg
ulations not in conflict with the laws Of
the United states governing their posses
sorry title, shall have the exclusive right
of possession and enjoyment of all the
surface included within the lines of their
locations, and of ali veins, lodes, and
ledges throughout their entire depth.
the top or apex of which lies inside of
such surface lines extended downward
vertica!!v.' etc.
'Sec. 1924. The miners Of each mining
district may make regulations not in
conflict with the laws Of the United
States, or with the laws of the state or
territory in which the distric is siuat-
ed, governing the location. manner of re-
cording, amount of work necessary to
hold possession of a mining claim, sub
ject to the following requirements; The
location must be distinctly marked on
the ground so that its boundaries can be
readily traced. All records of mining
claims hereafter located shall contain
the name or names of the locators, the
date Of location, and such description Of
the claim or claims located by reference
to some natural object or permanent
monument as will identify the claim.
On each claim not less than
one hundred dollars worth of labor shall
he performed or improvements made dur
ing each year"
1t will be seen that these sections
distinctly recognize the validity Of state
and territorial laws when not in conflict
with the laws of the United States, and
they expressly grant to the miners of
each mining district the authority to add
to the requirements of the federal law
relating to the manner of locating, re-
cording and holding claims upon the
public domain. What the miners of each
mining district can do the legislatures of
the various mining states may also do,
and so it happened that each of such
states has added it's own requirements
a to the method of locating and record
ing mining claims.
1t will be noticed that the federal
statute does not require a notice of To-
cation to be posted. 1t only requires
that the location be distinctly marked
on the ground so it's boundaries can be
readily traced" 1t does not require any
work to he done in connection with the
location. The state of Montana, how
ever, has added extensively to the very
simple requirements OF the federal law.
1t requires a ten-foot shaft or its equiv
! alent, to he sunk on the lode at the point
Of discovery. 1t requires the location to
| De marked on the ground by a monu-
ment at each corner, which monumen t
may consist of post a tree or a stone
1t must Zoe marked so as to designate
the corner. If 1t is post, 1t must not
be less than four inches square by four
and one-half feet long, SET not less than
one foot in the ground, and must be sur
rounded by mound of earth or stone
not less than four fact in diameter by
two feet in height.
The federal law does not require the
claim to be recorded. 1t only provides
certain essential things which each re-
cord called for by local regulations must
contain. The state of Montana has add
ed other essentials. The recorded certifi-
| cate, which the statute terms a de
claratoy statement must contain a
statement of the general course of the
vein and the distance claimed along it
each way from the point of discovery,
the dimensions and location of the dis
covery shaft, and the location AMI le-
scripton of each corner with the mark
ings thereon. Furthermore, the law of
| Montana requires that the declaratory
| statement shall be sworn to before some
officer authorized to administer oaths.
1t is a serious question as to the extent
to which state can go in imposing ad-
| ditiOnal requirements to these contain ID
in the federal law. No state can inter-
fere with the primary disLosal of the
public domain by the United States, and
if the state requirements as 10 the loca-
tion and recording of mineral lands be
come strict as to seriously interfere
with their disposal than it is safe to say