The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-01-15
What Officer Is Authorized to
Record Notices Of Claims.
LOCAL RIGHTS OF MINERS.
Land Commissioners Hermann
ouotes the Law and Advises That
the Federal Land Department
Accepts a. Proper Evidence Lo-
cation Notices Filed with the Re-
corder OF an Organized District.
Ketchikan, Alaska, Jan. 8.


To the Editor: am quite sure you
will confer a favor on your many Alaska
readers by printing in your columns the
annexed letters from Hon. G.. 3. Johnson,
fudge OF the United States district court
for the district of Alaska, touching upon
the right of the miners and prospectors
IN Alaska to elect tAeir own recorder. In
this connection 1t may be proper to say
that the recording districts in Alaska
were established by the United states
court over which Judge Johnson now pre-
sides. by authority of the law or 1884,
quoted by the commissioners In his letter,
and should not be COMPOUNDED with min
ing districts, which can only be created
by the miners themselves. The record
inr districts with a United States COM
missioner as acting recorded In each, are
designed for the records of deeds, mort
cages and other instruments transfer
ring title to property; but a location no.
tfce, whether OF placer ground, lode
claim, mill site. water right. etc.. Is not
a transfer of title. and record thereoi
IL simply a warning to other miners ana
prospectors of the existence of prior
right Of discovery and location, and In
Alaska such notices, to have any binding
force whatever, must be filed for record
in the office of the district recorder. In
the absence of a district recorder. how
ever, such notices should be filed Tor rec
missioner for the recording district In
which the claim is situate.
Mark T. Fleming, Esq, Ketchikan.
Alaska: Replying to y yours OF s 81 s'abtr
the Fort Wrangel recording. district.
This, however, does not preclude miners
from eiecting their own Local rec Teco rort
w yours rec0r cnkR ssssG JOHNSON
sentatives, Washington. d. C.-Sir:
have the honor to acknowledge your
reference of letter from Mr.. Frank w
Mi. Spear from Mr.. Fred Page Tustin,
United States commissioner, Wrangel,
M. Spear represents that he and
'.many thousands of individuals are in
terested In being advised as to what off,
Ger is legally authorized to record loca-
ton notices OF mining claims In the dis
' Section 1924, United States Revised
Statutes, provides that 1.-THE miners of
lions not in conflict with the laws of the
United States. or with the laws OF the
state or territory In which the district Is
ner Of recording, amount of work neces-
sary to hold possession Of mining
claim. subject to the following require
ments: The location must be distinctly
marked on the ground so that it's boun-
diaries can be readily traced. All rec
ords of mining claims hereafter made
shall contain the name or names or the
iocators the date of location. and such
a description of the claim or claims 10
Gated by reference to some natural OBJ,
ject or permanent monument as Will
identify the claim
The United States mining laws were
extended to the district of Alaska by act
Of congress approved May H., 1884. and
from the fourth section OF that act
quote:
comics, of all the laws; proceedings ana
trict. He shall be ex-officjo re-
corder of deeds and mortgages and GER
tfhcates of location of mining claims and
other contracts relating to real estate
and register Of wills for said district, and
of Sitka and Wrangel, In said district.
for the safekeeping of all his official rec
ords and of records concerning the re-
formation and establishment of the pres
after directed"
Mining regulation No. 10, approved June
a. 1885, Is as follows:
1.-THE location notice must he filed for
record In all respects as required by the
state or territorial laws, and local rules
and regulations. IL there be any
In practice, this office accepts as proper
evidence location of mining claims In
Alaska which We're filed for record with
the recorder Of a duly organized mining
district of Alaska, and 1t would appear
that the notice of the location OF a min
ing claim In Alaska may lawfully be
filed for record with the duly elected
recorder Of a duly established and organ
MFR. Tustin's letter Is herewith returned.
Very respectfully.
BINGER HERMANN.
Land Commissioner.