The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1922-05-27
ASSESSMENT WORK
REQUIRED BY LAW

The following will appear in the
June issue of the Mining Congress
Journal:
Light has been furnished the min
ing industry on the quandary rising
out of attempts to interpret the law
enacted by Congress last August
changing the mine assessment work
period from the calendar year to the
fiscal year. The situation surround
ing claims located between January
/, 1921, and July 1. 1921. has been
especially hazy, and II is upon these
claims that Judge e. G. Finney, act
ing secretary of the department Of
the interior, has rendered his opin-
ion. In letter addressed to Senator
Bursum, New Mexico, Judge Finney
interprets the law to provide that
work on claims located within this
period must be completed before July
I, 1922, IL relocation IL to be avoided.
The conflicting opinion has been that
the work need not be completed be-
fore July 1, 1929.
point out that the entire question IL
one for the courts to decide, since is
sues concerning loss of title to q
claim because Of neglect to complete
assessment work within the speci-
fed time must be settled by the judi
ciary, the opinion is of value as an
Indication of the trend which 1t IL
thought would be taken by q decision
of the court. Close students of the
situation are agreed that those hold
ing claims located during the first six
months of 1921 should complete their
assessment work before noon Of July
1, 1929, for the sake of safety.
The full text of Judge Finney's
letter to Senator Bursum follows:
Referring to inclosed correspond
ence submitted to you by Mr.. Pickens
E. Woodson, OF Katherine. Arizona,
relative to when annual assessment
work upon mining claims located be-
tween January / and July /. 1921,
must be performed to avoid the dam
ger of relocation, / note that the At
torney General Of Arizona has stated
that, in his judgment, such locators
would be required to perform the an
nual assessment work prior to July 1.
1922.
Unfortunately, this is question
which can not be settled by the opin-
ion Of the Attorney General of the
State nor by the Secretary Of the In
terror. as the question would arise,
IL at all, in the event of relocation
Of such claim and upon adverse pro-
ceedings in the courts. However.
am glad to give you my opinion for
what 1t Is worth, and may state that
it comedies with that of the Attorney
General OF Arizona.
you will note that the statutes
(42 Statt.. 1850. provides that the
period within which work shall be
performed shall commence at IL o.
clock meridian on the first day of
July succeeding the date of location
of such claims" A further proviso
is to the effect that In all such valid
existing claims the annual period
ending December 81, 1921, shall con-
tinue to 12 O'Clock noon July 1, 1922.
The latter proviso was designed. of
course, to take care of existing claims
and to give an extension of six months
within which work might be per-
formed, so as to have the year begin
and end with the first of July, in
stead of the first of January as here
tofore. The RECRUITMENT in the stat
ute is that the year within which as
sessment work is required to be per-
formed begins on the first day of
July succeeding the date of location.
Therefore, IL a claim were located.
say, in June, 1921. the year within
which work was required to be done
began on the next first of July, or
July /. 1921. and to avoid relocation
must have been performed during the
year beginning July 1, 1921, and end
ing July l. 1892"