The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1921-07-21
Thursday July D. 1921
COURTS MUST cONSTRUE AS
SESSMENT WORK LAW

As pointed out by the Miner two
weeks ago the act of congress ex-
tending the time for performing an
nual assessment work on mining
claims for 1920 has caused much con-
fusion which will not be cleared up
until the courts construe the mean
ing of the law. In this district it was
generally understood that the ex-
tended time for doing the work
expired on June 80 at midnight and
it appears that the same impression
prevailed in Nevada, where an inter-
esting contest is the outcome, involv-
ing mineral land OF great value. The
peculiar feature. of this case is that
both contestants may lose the claims.
Having failed to do the assessment
work up to June 30, the agent for
owners OF a group OF claims employ
ed men to start doing the assessment
work at $500 o'clock on the evening
Of what he supposed to be the last
day and upon the presumption that
by continuing the work without in
terruption until it was completed he
would protect all rights OF owner
ship
on the morning of July 1 other
men, also assuming that June 80 was
the last day OF the extended period,
proceeded to locate the claims on the
ground that the original owners had
not complied with the law requiring
annual assessment work 1t is evil
dent now that the men who located
the ground on July 1 acquired no
that the time for doing annual as
sessment work for 1920 lis hereby |
extended to and including the first /
day OF july 1921" The claims were |
therefore not subject to relocation
until after July 1 and the locations
made on that date are therefore void.
The most interesting question to be
determined by the courts is the status
ot the original owners. In starting
work on the evening of June 80 to do
he assessment work on eleven
'laims. the agent of the owners evi- !
lently assumed that if the work was
icing performed at the close of the
assessment period and was continu-
usly prosecuted until completed, it
would meet the requirements of the
aw. This has long been the practice
1 the close Of the calendar year UNI
er the old law and it has been re-
eatedly upheld by decisions of fed
raj and state courts. But the law s
extending the time for doing assess
lent work is worded in a manner g
nat raises a grave question as to
neither it was the intention of con- g
ress TO extend that privilege to the
aners Of mining claims and as TO
neither the courts will SO constue it. ID
ere is the language of the law ex- q
nding the time. 70
that the period within
which work may be performed OF %
improvements made for the year Ia
1920. upon mining claims as re- ID.
quired under section 1924 of the
Revised Statutes of the United
States. is hereby extended to and 20
including the first day of July, an
1921: so that work done or inn ST
provements made upon any min 3,
ing claim in the United States or
Alaska on or before July 1, 1921,
shall have the same effect as if pc
the same had been performed ye
within the calendar year of 1920" I'm
1t would of course seem reasonable an
at congress intended to extend all dc
.hts and privileges in connection IN.
tn the location of mining claims for as
period of six months. and that the I'M
Tim owners would be permitted to ~
mplete assessment work after the we
tual period had expired, Just as OF
ey are permitted TO do at the end na
the calendar year. But the word loo
z of the law gives a fine opening IN.
a contest which will no doubt be i'm.
s1ed uhli the courts nave se'ueu ma
2 question beyond further dispute. gel