Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1903-12-25
GOVERNMENT AND THE MINER,
Failure to do Bona Eide Assessment
Work Means Abandonment.


The principle condition under which
the locator of a mining claim holds
possessory title to his location after
the preliminary act of locating is by
means of. performing annually on his
claim not less than 800 worth of labor
or making bonafide improvements on
his claim to that extent, says the Mi
ming and Scientific Press. This is the
minimum, and to it state and territor-
ial legislatures and district laws may
add, but they cannot decrease the re-
quirement of the Federal law. Many
are the schemes TO defeat this moder-
ate demand of the government. Claims
are relocated year after year by the
same persons; others make mere pre-
tense of working; still others claim
work done in previous years as having
been performed within the year past,
but the fact remains that the govern
rnent requires an annual expenditure
of money or work or betterment of the
claim, directly or indirectly. Men may
defeat the law by failing to comply
with its requirements, but it is safe
to say that in the majority of cases the
neglected, or misrepresented, claim
would not sell for 800 cash. No claim
adverse claimant if the assessment
work is not actually performed ac-
cording to law. Failure to perform the
labor or make the improvements re
quired by federal, state and local laws
is equivalent to abandonment of the
claim, and therefore it becomes, under
the law. subject to appropriation by
another.
Discovery of a claim and assessment
work are entirely separate BY the
discovery and act of location the pros
pector establishes a source of title, but
it is only by the performance of the
assessment work required by the laws
that he can preserve and perfect that
title. The law does not require the
claim holder to take out a patent for
his claim. but permits him to do so
after having made improvements. or
performed development work to the
extent of $500. on the claim.
Some large and valuable mines are
held for years and even worked out
without a patent ever being applied
fer. The miner is entitled to as many
rights under the possessory title as he
secures under a patent, the only ad-
vantage in which appears 10 be that
he becameS absolute possesor of the
claim and is no longer required to an
nually perform assessment or represen-
tation work. Few owners of profitable
patented claims care to cease opera
tons when patent has issued, merely
because the law permits 1t, unless. in
deed, the claim becomes unproductive
There are those who consider the
cost of procuring a patent to mining
land great hardship as compared
with patent to agricultural land. The
usual full-sized mining claim contains
about twenty acres of ground: the
usual agricultural entry contains 100
acres, or eight times as much as a
mining claim. The difference in cost
is considerable, it is true. particularly
when a comparison is made of the re-
lative area of the TWO claims, but. as
previously stated taking out a patent
to mining claim Is not peremptory,
and the owner of such a location
would be unwise to patent a claim
that would not produce a profit. Or
dinarily, single foot along the course
Of good-paying mineral vein will pro-
duce more profit than several farms of
l6O acres each are CAPABLE of producing
in a number of years. This is not by
any means the rule, but it is often the
case.
The year 1903 is about closing and
those holding claims by performance of
annual assessment work should not
neglect to begin at once upon this work
If they have not already done so, and
to continue it to completion. The
mining laws are sufficiently liberal,
and are framed with the purpose of
developing and advancing the mineral
resources of the country while afford
ing to the bona fide locator the pro-
lection of the government.