The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-01-25
BILL TO TUNNEL
MINING CLAIMS
Measure Giving Right-of-Way Intro.
duced in House.
SEVEN OTHERS PRESENTED
STATE LAND COMMISSION AF.
FEcTE0 BY PROPOSED LAW.

~ OF FHOFOSEDr LAW.
Representative Harry S. Joseph of
Salt Lake introduced bill concerning
mining tunnels in the house yesterday
afternoon. which, if made law, will al
low owners of claims to drive tunnels
through any patented claim in order TO
gain access to his own property, pro-
Vided any ore intersected be not dis
turbed.
The bill. house bill No. 63, is as fol-
lows:
state cf Utah:
Section 1. Any person or company who
has Or may hereafter have tunnel or
cross-Sut. the mouth of which is located
upon .7is own ground or upon ground in
us lawful occupation, shall have the
right to drive and continue the same
through and across any located pat
ehIeo claim IN front OF the mouth OF
SUCH tunnel, but not to follow or drive
upon any vein belonging TO the owner of
Section ?. Each tunnel or cross-cut
may be driven and worked for the pur-
pose of drainage and for the purpose of
reaching and working mining ground of
the tunnel owner beyond the intersected
claim The owner or owners of any vein
OF any claim or claims so intersected, or
MS duly authorized agent. shall have the
right to enter such tunnel upon applica-
ton TO the owner or OWNERS or persons
in charge of said tunnel, without re-
sorting TO any process of law. for the
purpose OF making a survey and 1nSDeCt-
ing such vein or veins as may be crossed
within the boundary lines of such inter
sected claim, and If the owner or own
erS of such tunnel shall. by bulkhead-
ing. damming back or in any manner
prevent the inspection or survey herein
provided for or if such owner or own
ers shall in any manner prevent the natu-
raj drainage of. water from such inter
sected claim without the consent of the
owner or owners. thereof it shall work
a forfeiture OF all rights granted under
section 1 of this act.
Section ,. If any ore, the property Of
tho. owner of the claim intersected or
crossed, be extracted in driving such tun-
mel II shall be the property of the own
er OF the VEIN from which 1T was taken,
and the owner of the tunnel shall be liable
Tor all actual damages or injury done
TO the owner of the claim crossed by his
tunnel.
Section T. In all actions between the
tunnel owner or others involving the right
TO any vein discovered in such tunnel, the
burden of proving that the vein so dis
covered Is not the property of the ad-
verse claimant in such action shall be on
This act shall take effect upon ap-
prevail
The bill was referred to the mining
Affects Land Commission.
Roberts of Cache introduced a bill in
the house yesterday which purposes
changing chapter 80, session laws, 1901,
relating to the powers and duties of the
state board of land commissioners. The
Intent of the measure is to have the
board consist of three members chosen
by the governor, instead of five mem
bers, including the governor, as at
present Roberts would fix the com
pensation of the secretary of the board
at $4,000 per annUm instead of 81. 500
and would greatly increase his duties,
making him the custodian of state
moneys and mortgages and notes of
every description. The secretary would
be bonded for 500, 0G0
Each member would receive 81, OGO per
annum instead of $1,000 as at present
and would be bonded for $4,000. The
bin was referred to the committee on
public lands.
Other Bills Presented.
Other bills were:
House bill No 59-(Austin). An act
creating state board of park com
missiOners. providing the manner of
their appointment. fixing their cOmpen-
sation, prescribing their powers and
duties; making an annual appropria-
lion and fixing penalties for violations
of this act CPublic lands)
House bill No. 6O-(KuchIer). An act
providing for the establishment of a
central experiment farm. under the
direction of the Agricultural college
experiment station of Utah CAgricul-
tUre and horticulture.)
House bill No. 61-(CarroD- An act
amending section 500. chapter ?, title
is. of the revised statutes, 1898, FreIat-
ing TO elections. Registration only at
office. Registration days. CElections).
House bill No 64-Daily)- An act
10 amend chapter ,, laws of Utah. re-
1ating to the election of school trustees
and terms of Office. Oath and bond.
(Education)-
House bill No. 65-(McCrea). An act
concerning garnishment and providing
that the plaintiff must pay court fees
of the garnishee defendant before
answer can be required in garnishment
proceedings. Judiciary
House bill No 66-(Richards). An
act relating to contracts for printing of
public work. public printing!
New Registration. Provision.
CAROLS bill in reference to registra-
ton days contains this addition. to the
present law: Provided that it shall
not be unlawful for the registry agents
10 receive and register the names of
persons outside of his office between
the hours of p. m and a. m. on the
days prescribed by law"
This provision VIII enable those who
are confined to their homes by sickl
ness. Or who are otherwise unable to
register at the regular place and hours.
an opportunity to vote provided the
registry agent is willing.
Bonds for Trustees.
Daily's bill provides that the bonds
of school trustees shall be fixed as fol-
lows: For the treasurer of the school
district an amount equal to the total
income OF me district for the preceding
year and for each of the other trus-
tees % per cent of such amount. The
bond must be given annually.
Austin's bill relating to the estab-
1ishment Of a park committee provides
for the annual appropriation of 81, 500
fer maintenance of parks.
Representative Richards introduced
his bill relating to the publication of
laws proceedings. reports and legal
notices and advertisements at the re-
Quest of the Utah Press association
which desires that county newspapers