Year: 1869




Commissioner Wilson, Of the General Land ONCE,
has addressed . communication to Representative
J. M Cavanagh upon the construction OF the Mining
act OF July, 1865, containing valuable Information.
He says:The act authorizes the issuing OF patents
only to claimants who have occupied and improved
their mines according to the local customs or rules
Of miners,san have expended thereon In actual
labor and improvements an amount not less than
81 200, and 1t is altogether immateral whether the
possessory title was acquired before or after the
passage OF the act This the construction given to
this statute not only by the Courts OF Montana but
OF al other courts 30 far as this office advised, In
which they have but followed the rulings of this Of
lce in giving effect to the express letter and
quvocal meaning Of the act Prior to the passage Of
this statute considerable difference Of opinion existed
a. 10 the propriety OF selling the mining lands many
persons confending that the effect would be gradu-
ally to take them out OF the proprietorshp Of actual
miners and vest their title in capitalists OF the
Eastern cities, who would control them merely for
purposes OF speculation greatly to the prejudice OF
the interests dependent upon the development of the
mines This diversity OF opinion existed IN and out
OF Congress, and was only reconciled by the policy
which incorporated into the act OF July 26 1885,
OF granting titles only TO claimants who previous to
applying for patents had occupied and improved
their claims according TO the local mining customs
aud as an earnest OF their intention to continue I'M
proving and developing their mines, can produce
satisfactory evidence OF having expended on them In
actual labor and improvements amount not less
than $1,000 1t s not the desire nor the policy OF the
government 10 part with the title to It's mining lands
except for the purpose OF promoting and stimulating
the mining interest, and hence 1t grants titles only to
those who are prepared to furnish the evidence
the statute requires Of such iona J1de inten-
tion. The same policy Is observed IN refer
ence TO agricultural tracts under the pre-emption
and homestead laws, under each OF which
evidence must be produced before . patent
can be obtainedof bona ndc intention TO I'M
prove and cultivate theland for agricultural
purposes. such as the erection Of dwelling
house. continued residence the land claimed
for certain length OF time and the cultivation OF
certain number OF observation-disclosures which are
at least as conclusive OF good faith the part Of
the agricultural claimant AS the expenditure or 81 900
IL upon that OF the claimant under tho MI ming law.


Tine first section OF the Mining act expressly recog-
nizes the occupancy OF the mines for mining pur-
poses under the local customs and n parties prefer
10 continue working their mines under local mining
regulations they at liberty to do so; the act does
not compel them to apply for patents,


The ninth section OF the act contains no provision
about issuing patents and none could be issued
der It. IL simply egalzes rights TO the use OF water
which have grown up under local laws, so that n
patents are issued for lands through which such
bitches and canals extend they would have TO be
made subject 70 such prior rights to the OF the
water and OF the bitches and canals.


These canals often cost many thousands ana even
hundreds OF thousands OF dollars TO construct them.