Elk City mining news. (Elk City, Idaho) 1903-1913, 1904-03-26

tent where such calls do not conform TO
the official monuments placed upon the
Ground and marked as the official sur
vey of the claim.
The exact position of mining claim
is required to be established upon the
ground by such monuments and mark
ings as will enable its boundaries to be
readily traced on the ground, through
the medium of such markings. 1t IS
there that the claip Exists and not upon
the records, of the department issuing
the patent, and no mistake in courses,
distances or figures made by mineral
surveyor should be allowed to control
the location Of claim as against the
monuments on the ground. The owner
of claim is given the right, under the
law, to locate his lines according to his
own Judgment and as he may like. Such
acts of location are performed by him,
and if he does not get the ground ne de-
sires, it is his fault; but power should
not be vested in mineral surveyor or
other officer of the law to so change the
location of the claim as to defeat the
purposes of the locator by commit
ting an error in making survey of the
connections as to course and distance
between the mining claim and any arbi-
trary government monument.
Engineers and chainmen do not al
ways agree as to their surveys and
measurements of lines, and the con-
clusion of an engineer today might not
harmonic with those of ten years or
twenty years hence, and yet the monu-
ments and boundaries of the mining
claim have remained immovable, and
should at all times constitute the high
est authority as to the land actually in
cluded within the patented claim. A
very slight variation in the course of a
line connecting a mining claim with a
government monument mile oc more
distant, would so shift the location, if
it were to be governed by such line, in
disregard of the monuments, as to ma
terially affect the rights of parties to
their claim, and the amendment pro-
posed is in the interest of uniform rule
to be enforced by the courts in deter
mining such questions.
The necessity for legislation is par
ticularly called to notice by decision of
the secretary of the interior requiring
the posts and monuments of a claim to
give way to the calls and courses of dis
tances, and oftentimes creating a con-
flict between mining claims by reason
of such a rule where no actual conflict
existed upon the ground, and such a
rule is provocative of litigation and end
less expense and difficulty between
neighboring claimants.
The further object of the BILL and
not the least important, is to allow the
department to correct any errors OF
survey on the plat and field notes, and
recognize the corners on the ground as
actually defining the boundaries of the
claim where any question arises as tC
such boundaries.
AS stated by eminent counsel, who
have submitted their views to your
committee, the decision of the secre-
tary affects the stability of titles tc
patented mining claims, and results ir
the segregation of the wrong lands un.
der outstanding patents as we'll as fail
ure to protect the lands which are &C
tually patented.
The legislation proposed by this bill
is necessary in order to remedy this
condition.
The bill has been introduced in the
house of representative by Congress
man Brooks of Colorado. The prospec
is favorable for the bill to pass boil
house and senate this session and Their,
is every reason to believe that it will b,
signed by the president.