The daily silver state. [volume] (Winnemucca, Nev.) 1903-1907, 1907-01-14
AMEND TILE Law

I cal demonstration frequently posi-
Wy determines that it is either i'm
og~ible or impractical to carry out or
.eo.ce some particular act or thing
VII: i is by law required. OF course,
l. Z conceded that legislatures are
sompted by a desire to pass only such
Q neral laws as will be productive OF
the greatest good to the greatest mum
Ter. Giving them credit for a desire
ID p only such acts as are necessa
arr at times, either a press of bills
towards the end of a session, or the
~,ositiye and continuous instance OF
some aggressive member, is entirely
.uflcient to crowd a bill through.
However this may be, 1T is a fact,
nevertheless, that the mining laws or
Nevada are in many respects vague,
Uncertain and indefinite and the great
Importance of the mining industry
makes it absolutely necessary that
these laws shall be definite and
,~aasonable, and, at least to a certain
ytcnt, conform to the customs and
tsages of mining districts in other
states, which have oeen passed upon
Nv the courts and sufficiently thrashed
cut to determine the weak as well as
the strong points therein.
Certainly the reading of Section l,
I the Mining Laws of Nevada, IS
.ery vague as to where and by whom
:, mining location notice shall be Med.
nat section reads as follows: With
Il. ninety days of the OATS of posting
Tho location notice upon the claim,
lie locator shall record his claim
with the mining district recorder and
&c county recorder of the mining
district or county in which such
LARA is situated by a location certi-
!. ate, which must contain,'' etc.
row we maintain that it is impos-
sible to state whether the law requires
q location notice to be fled in the
, lice of the mining recorder of such
, strict or the Office of the county
'cco.der, or both, yet it reads as If
Is is necessary to file separate notices
in each of these Offices.
1t is very probable that the legisla-
ire intended that a notice filed with
1 10 district mining recorder would be
sufficient, but if such be a fact, it is
not clearly stated, and, further, there
IS 10 provision for the transfer of
ID csc records to the Office of the
county recorder; and this is absolutely
! ecessary in order to preserve and
;.acure a full record at the county
-cat, and in this respect the act is
lositively faulty.
Again, there is no question that a
location notice filed in either one Of
.iiase offices should De a sufficient
record, yet it is not only possible, but
IL ever probable, that under the law
y is necessary for the locator to be
Ter the expense, (and frequently
, he latter is not inconsiderable) of
iling a notice in each OF the Offices
. AIMED. Still further the law leaves
possible loop hole for the courts
u 10 what is equitable or right in
tlc premises but positively requires
very act and thing to be done and
!, orformed according to the strict
. ttCr Of the statute.
The latter part of Section A further
IL )vides that "Any record of the
of a lode mining claim which
'ea1 not contain ali the requirements
1med in this section shat be void
: here is certainly no lodging the
! 'quirements of this section because
IT - too emphatic and clear. 1t is
! solutely the e~learest and most easily
Tit ierstood part of the section.
his is not a trivial matter; for the
snce der in White Horse mining dis
arict Over one year ago, neglected or
lrfused to record certain notices
laced in his hands for record, not
w outstanding the fact that the fees