The Fallon standard. (Fallon, Nev.) 1920-1958, 1920-06-03

ments of the Act all that is neces-
sary Is that the claim shall have been
located and maintained In accord
ance with the then existing law
governing placer mining locations
and shall be SO maintained until
discovery Ia made. The regulation
goes further and adds the additional
requirement not provided In the
placer law, namely, that the locator
must have been In the diligent pro-
secution of work leading to such
discovery and must continue such
work from and after the passage of
the Leasing Bill with diligence to
discovery II is this requirement OF
diligence before and after the date
of the passage Of the Leasing Bill
that places burden and obligation
upon the locator not required under
the general placer mining law nor
required under the terms OF the
Leasing Bill. 1t was this require
ment OF diligence under the Pickett
Act and the harsh and unreasonable
construction that was given to such
provision that resulted In the notori-
GUS injustice perpetrated upon loca-
tors of placer oil claims embraced in
the withdrawal of 1909. But In
such cases the Department OF the
Interior did not read into the Act
the word diligence" because the
Pickett Act itself contained such
provision. The Pickett Act, how
ever, was remedial legislation and
was intended solely to relieve loca-
tors whose claims had been brought
within a withdrawn area after loo
ton but prior to a discovery
The regulation that / am now at
tacking does not deal with lands
within any withdrawn area but with
mining locations upon the non-with-
drawn. public lands which were at
all times prior to the passage of the
Leasing Bill on February 25. 1920,
open to location and exploration for
oil under the general placer mining
Act of 1872. and the amendments Of
1874, 1876. and 1897. In none OF
the Acts to which l have referred is
there any requirement that the loca-
tor shall be diligent in the prosecu-
tion OF his work.
Section 2319, Title xxXII., Ch. 6.
of the Revised Statutes. setting
forth the Act Of 1872, provides "All
valuable mineral deposits In lands
belonging to the United States. both
surveyed and unsurveyed, are here
by declared to be free and open to
exploration and purchase"
In Section 1924 Of the same Act
we find the following: 1.-THE loca-
tion must be distinctly marked on
the ground 30 that its boundaries
can be readily traced. All records
OF mining g-claims hereafter made
shall contain the name or names of
the locators. the date OF the ioca-
tion, and such description Of the
claim or claims located by reference
To some natural object or permanent
monument as will identify the claim.
On each claim located after the tenth
day OF May. eighteen hundred and
seventy-two. and until a patent has
been issued therefor. not less than
one hundred dollars worth of labor
shall be performed or improvements
made during each year"
The Federal law also recognizes
the rules and regulations provided
by state laws. not In conflict with
the Federal laws.
In Section 1899 of the same Act
we find the following: Claims usu-
ally called 'placers,' including all
forms Of deposit, excepting veins of
quartz, or other rock in place. shall
be subject to entry and patent. under
like circumstances and conditions.
and upon similar proceedings, as are
provided for vein or lode claims"
Perior to February IL, 1897, oil
l,,Az zA