Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-12-28
One Of Rodey's
Measures
UtLL TO ALLOW PuRcHAsE or
MiNEs WITHIN LAND
oRANTs.

s
Following Is the text Of the bill In
troduced into the national congress by
Delegate B. 8. ROdey:
BE 1t inacted BY the senate and
house Of representatives Of the United
States 81 America In congress assem.
bled. that hereafter all gold. silver.
and quicksiiver deposits. or mines Or
minerals Of the same, on lands EN-.
braced within any land claim confirm
ID BY the decree OF the court Of pri-
yAte land claims. Or - to which . suit
for confirmation shall be pending in
any court having Jurisdiction thereof,
are hereby declared TO be free and
open to exploration and purchase. I'M
der the mining laws Of the United
States. the local mining laws and reg
ulstions. and such regulations In ad-
dition thereto and consistent there
with AZ may be prescribed by the
secretary Of the interior from time to
time. BY citizens Of the United States
and those who have declared their In.
tention TO become SO.
Sec. 2. That any person qualified to
acquire title to such mineral deposit
under the provisions Of this act, who
shall have first discovered and located
any such mineral claim by posting
thereon a notice Of such dis-
cosery and location, and by
marking the boundaries thereof
by visible monuments upon the
surface OF the ground. at any time
since the third day Of March. eighteen
hundred and n~inetyeone. and prior to
the passage Of this act. shall, within
ninety days after passage Of this act,
and any such %discoverer and locator
subsequent 70 the passage Of this act
shall. within ninety days after The
posting or the notice Of location and
marking the boundaries or any such
claim, record the location notice there.
OF in tho Office Or The recorder Of the
county within which such claim Is
situated. and ahall otherwise comply
with the mining laws Of the United
States and the local laws and regula-
tons applicable thereto shall comply
with such regulations as may be pre-
scribed BY the secretary Of the Inter.
ior.
Sec. 3. That any person quallned
TO require title 10 such mineral dc.
POSTS under the provisions OF this act
shall hsve the right to enter in and
upon the lands. II not cultivated and
improved. embraced within such pri
waite land claim. for the purpose Of OK.
ploring and prospecting the same for
such mineral deposits, and posting
notices and marking the boundaries
Of any mineral claim 70 which he may
seek TO acquire title. and shall only
be liable TO the owner or owners
Of such land for the actual damage
thereby done 10 the same,
Sec. 1 That the Iocators of all such
mineral claims shall, within the said
period OF ninety days, take steps 10 &C.
quire the lawful right 70 S the sur.
face ground embraced within the lin,
its Of such claim and necessary access
thereto. ami they are hereby author
lied 10 acquire the same by condemna'
tton under judicial process Provided,
that before beginning such condemns
tipn proceedings the locator shall
tender TO the owner of the land IN
which such mineral claim is located
The sum OF two dollars and fifty cents
an acre in full payment for the said
surface ground. and the receipt OF suca
sum by the owner Of the land shall
authorize the immediate entry Of the
locator upon such land.
Sec.b. That the United States cir.
cult court. or district courts Of the dis
trict, and the territorial courts Of any
territory Of general Jurisdiction within
the district where said land Is located
shall have Jurisdiction Of such pro
ceedinss for such condemnation.
Sec.G. That the practice. pleading,
and mode Of proceedings In cases arts
ing under the provisions Of this act
shall conform. as near ms may be, to
the practice. pleadings. forms. and pro
ccedings existing at the time In causes
for the condemnation Of land for rail
road purposes In the courts Of record
In the state or territory within which
such land IL situated. any rule of the
court or local law 10 the contrary not.
w~Ithstanding.
Sec, T. That this act shall take ef.
feet and be In force from and after