The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1908-01-25

i lANC III Glkln - oa@ ~ 80
ground. with a mound Of stone or earth
four feet In diameter by two feet in
height around the post. When II is
practically impossible on account OF
bedrock or p~recipitous ground to sink
such posts. they may be placed In a pile
of stones: or where the proper placing
Of such posts or monuments of stone Is
impracticable or dangerous to life or
limb. II shall be lawful to place such
| posts or monuments Of stone at the
nearest point. properly marked to desig-
nate it's right place. When a stone Is
used, not a rock in place. 1. must be al
lease six inches square and eighteen
inches in length, set two-thirds of its
length in h ground. which trees.
stakes or monumen must be marked
to designate the corners of the claim
located"
After the location Is made. the state
statute declares that Before the expira-
ton of ninety days from the posting of
such notices upon the claim. the locator
must sink a discovery shaft upon the
claim located to a depth of at least ten
feet from the lowest part of the rim of
such shaft at the surface or deeper II
necessary to show by the work a lode
deposit of mineral in place. A crosscut
or tunnel. which cuts the lode at a
depth of ten feet or an open cut along
the ledge or lode is equivalent to a dis
covery shaft"
1t is often necessary to sink shafts
run cuts and do various other work be-
fore a ledge can be discovered. The
question often arises: What are the
rights of a locator who is prospecting
for the lode and has not found 1t?
The courts. both federal and state
have repeatedly held that while a per-
son is actually upon the ground prose-
cutting work with reasonable diligence
to discover a lode. his right of possess
sion will be protected. When, however.
an attempt is made by stakes. records
or any other means except actual pos
session and continuous work on the
claim prior to the discovery of the lode,
no rights are acquired but the ground
is still open to location by citizens of
the United States In the same manner
as If no attempt at location had been
made. Thousands of acres of mineral
land are m~onopolized by a very few peo-
pie in the state Of Nevada without a
shadow of right whatever.
They say because a few men are at
tempting to rob American citizens Of
their rights to acquire mines on the
public domain that 1t is customary to
violate the law. and therefore 1t is right
to monopolize the public domain and
deny to the American citizens the right
granted them by United tSates statutes.
A miner can easily protect himself
after he has discovered a lode by mark
ing it's boundaries so they can be readily
traced according to the United States
law and posting a notice and erecting
monuments as required by state Law
The state law makes another require
ment after the ground is marked out and
notices posted.
The miner must do work on the lode
as required by the statute. Work OFF Of
lode or in a wash is Of no value what
ever. 1t might as well be done in the
sands of the sea.
1t is necessary for a miner in his no.
tice which he records to describe the
claim in reference to a natural object or
permanent monument which ordinarily
requires surveys unless the natural OBJ
ject or permanent monument is at hand
and convenient of reference. But mas
much as the locator by the third section
of the state statute has ninety days In
which to record his claim, he can make
proper description in that time. Such
statute declares that the notice must
contain, as above quoted:
First-The name of the lode or claim.
Second-The name of the locator or
~locators.
Third-Thed date of location, and such
description of the location of said claim,
with reference to some natural object or
permanent monument as will identify
the claim.
Fourth-The number of linear feet
claimed in length along the course of
the vein each way from the point of dis
| covery. with a width on zach side Of the
center of the vein, and the general
course of the lode or vein as near as
nay be.
Fifth-The dimensions and location
of the discovery shaft, or it's equivalent.
sunk upon the claim.
Sixth--The location and description
of a C corner, with the marking there.
on.