Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1904-03-30
MINERAL ON
LAND GRANTS
A VexaNous Question to Be
Solved by a Bill Introduced
by Delegate B. S. Rodey.
REPORTED FAvORABLY
Despite Adverse Recommendations by
the Department Of the INTERIOR.
Compensation for Owners.

Special Correspondence New Mexican
Washington, D. c., March 81, 1904.
The following bill to permit the ex
ploration and purchase of mines with
in the boundaries of private land
claims, introduced by Delegate Rodey
in the last Congress, and reintroduced
in this Congress, was reported favor
ably from the committee on mines and
mining TO the House the other day
the delegate, because he secured it in
the teeth of two adverse reports by
the department of the interior
A bill to authorize the exploration
and purchase of mines within the boun
daries of private land claims.
Be it enacted by the Senate and
House OF Representative of the Uni
ted States of America in Congress as.
sembled, That hereafter all gold, sill
yer, and quicksilver deposits, or mines
Or minerals of the same, on lands EN-.
braced within any land claim confirm
ed Or hereafter confirmed, by the de-
cree OF the court of private land
claims, and which did not convey the
mineral rights to the grantee by the
terms OF the grant, and to which such
grantee by the terms of the grant, and
to which such grantee has not become
otherwise entitled in law or in equity,
o. nhx tn hn frnn and
open to exploration and purchase, un-
der the mining laws of the United
States, the local mining laws and reg
ulations, and such regulations in addi-
ton thereto and consistent Herewith
as 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 intention to
become SO.
Sec 2. That any person qualified
10 acquire title to such mineral depos-
it under the provisions of this act,
who shall have first discovered and To-
Gated any such mineral claim by post
ing thereon a notice of such discovery
and location, and by marking the
boundaries thereof by visible monu-
ments upon the surface Of the ground,
at any time since the third day of
March, eighteen hundred and ninety
one, and prior to the passage OF this
act. shall, within ninety days after the
passage of this act, and any such dis
coverer and locator subsequent to the
passage of this act shall, within ninety
days after the posting of the notice OF
location and marking the boundaries
of any such claim, record the location
notice thereof in the Office of the re-
corder of the county within which
such claim is situated, and shall other.
wise comply with the mining laws of
the United States and the local laws
and regulations applicable thereto, and
in addition thereto shall comply with
such regulations as may be prescribed
by the secretary of the interior
Sec. 8. That any person qualified to
ACQUIRE title to such mineral deposits
under, the provisions of this act shall
have the right to enter in and upon the
lands, if not cultivated and improved
embraced within such private land
claim, for the purpose of exploring
and prospecting the same for such min
eral deposits, and posting notices and
marking the boundaries of any miner
al claim to which he may seek to &C
quire title, and shall only be liable tc
the owner or owners of such land fol
the actual damage thereby done to the
same.
Sec 4. That the locators of all such
mineral claims shall, within the said
period of ninety days, take steps to &C
quire the lawful right to use the sur
face ground embraced within the linn
it's of such claim and necessary access
thereto, and they are hereby authoriz
ed to acquire the same by condemna
tion under judicial process: Provided
That before beginning such condemna
tion proceedings the locator shall ten
der to the owner of the land in whicl
such mineral claim is located the sun
of two dollars and fifty cents an acr
in full payment for the said surface
ground, and the receipt of such sun
by the owner of the land shall author
ize the immediate entry of the locate
upon such land
Sec. 5. That the United States Gil
cult court, or district courts of the dis
trict. and the territorial courts of an
territory of general jurisdiction With
the district where said land is locate
shall have jurisdiction of such proceed
ines for such condemnation.
Sec. 6. That the practice, pleading
and mode of proceedings in cases ari!
ing under the provisions of this az
shall conform, as near as may be,
the practice, pleadings, forms, and pr
ceedings existing at the time in cause
for the condemnation of land for raj
road purposes in the courts of recor
in the state or territory within ,whic
such land is situated, any rule Of th