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 http://www.archive.org/details/cu31 92401 936631 3 
 
MINING LAW 
 
 FOR THE 
 
 PROSPECTOR, MINER, AND 
 ENGINEER 
 
 
 By 
 H. W. MacFarren 
 
 £ Published by the 
 
 3 Mining and Scientific Press, San Francisco, 
 
 !■ nnrl 
 
 and 
 The Mining Magazine, London. 
 
 1911. 
 
 S 
 
 32469 
 

 tain-Si Mr 
 
 COPYKIOHTED 1911 
 BY 
 
 Dewey Publishing Company. 
 
PREFACE 
 
 In adding another work on mining law to those already 
 before the public, it is necessary to give a reason. The 
 present standard works on the subject are the production 
 of mnr'ng attorneys, and while the value of their works 
 is unquestioned, they are, perforce, more valuable and 
 suitable for practising attorneys and in connection with 
 mining litigations than for miners and as a guide in the 
 field. This work has been prepared for the nrner by a 
 miner — using the word miner as a generic term to include 
 all who may be interested in the subject of mineral rights 
 and titles in contradistinction to mining attorneys — 
 though it is believed that the work will not be without 
 elementary interest and value to the law profession. 
 
 The purpose in view is to give a simple and easily 
 grasped, though comprehensive idea of the mining law, 
 showing its fabric and structure, that the reader and 
 student may obtain the basic principles and facts upon 
 which to take up either the more advanced study of 
 mining law or use it intelligently and satisfactorily as a 
 prospector, surveyor, claim owner, or property manager. 
 It represents the experience and observation of the writer 
 in the mining profession and as a mineral examiner of 
 the Field Service of the General Land Office, in which 
 capacity he has been in daily contact, in both office and 
 field, with miners, mineral claimants, and the subject of 
 mining rights and titles. 
 
 II. W. MacFarren. 
 
 Salt Lake City, Utah, September 1, 1910. 
 
TABLE OF CONTENTS 
 
 Chapter. Page. 
 
 I. Origin of American Mining Law 9 
 
 II. Public Land and Its Survey 16 
 
 III. Where Locations May Be Made 28 
 
 IV. Who May Make Locations 38 
 
 V. Lode Location — Discovery 40 
 
 VI. Lode Location — Discovery Work 44 
 
 VII. Lode Location — Location Notice 47 
 
 VIII. Lode Location — Laying Out and Staking 52 
 
 IX. Lode Location — Changing Boundaries, Amended 
 
 Location, Relocation 63 
 
 X. Lode Location — Annual Labor 67 
 
 XL Lode Location — Resumption of Work, Forfeiture, 
 
 Abandonment 76 
 
 XII. Millsite Location 82 
 
 XIII. Placer Location 86 
 
 XIV. Lodes Within Placers 98 
 
 XV. Tunnel Site Location 101 
 
 XVI. Patent 106 
 
 XVII. Lode Patent— Survey Ill 
 
 XVIII. Lode Patent — Application and Entry 117 
 
 XIX. Patent — Placer, Known Lodes Within Placers, Mill- 
 sites 122 
 
 XX. Adverse Claim 126 
 
 XXI. Protest 130 
 
 XXII. Patent Work 134 
 
 XXIII. Apex or Extralateral Right 138 
 
 XXIV. Coal Land 146 
 
 XXV. Timber and Stone Act 154 
 
 XXVI. Use of Timber on Public Land 156 
 
 XXVII. Timber and Mines Within National Forests 161 
 
 XXVIII. Water Appropriation 167 
 
MINING LAW 
 
 FOR THE 
 
 PROSPECTOR, MINER, AND ENGINEER 
 
CHAPTER I 
 
 Origin of American Mining Law 
 
 The discovery of gold in California was made in 1848, and 
 was immediately followed by the immigration to that part of 
 the world of thousands and hundreds of thousands of men 
 of every class, occupation, and extraction. These, arriving in 
 the New Eldorado, found it to be a wild, unpopulated region, 
 far removed from organized civilization; one in which, to a 
 large extent, every man made his own law. Led by that instinct 
 of proceeding collectively along orderly and definite line?, which 
 is observed even in the lowest of animals and finds its highest 
 development in the educated, thinking, untramelled American, 
 they at once proceeded to establish customs and rules for their 
 guidance. It was in these customs and rules that American 
 mining law had its birth, and from which it has been developed. 
 
 Upon what were these early and incipient laws modeled? 
 Some presume to see in them the already existing mining laws 
 and customs of Mexico and other countries; but a careful con- 
 sideration indicates that they were mainly evolved by the newly 
 made miners to meet the conditions in which they found them- 
 selves. The simple wisdom of these early customs and laws, 
 and the extent to which they have become our present American 
 mining law, is the grandest monument that can ever be raised 
 to the nobility and sterling qualities of these pioneers. 
 
 The first step in the making of the law was the formulating 
 of rules to be observed in the immediate "vicinity of each camp. 
 These were adopted in mass-meetings by the miners of the 
 camp, who termed the area over which they should extend a 
 district. As the States and Territories in which mining was 
 carried on became organized, they, recognizing the marked sim- 
 ilarity of the customs and rules of the various mining districts — 
 which has been called the American common law of mining — 
 
 9 
 
10 MINING LAW 
 
 framed their mining laws upon the same, with the expressed 
 or implied idea that where these customs and rules were not 
 in conflict with the State and National laws, they would be 
 accepted as evidence in controversies and would govern deci- 
 sions. The National laws and regulations were subsequently 
 framed along these lines. 
 
 In considering the mining law of today, it should be remem- 
 bered that it is based on the customs and rules of the miners, 
 and that in the absence of adverse statutes, regulations, or deci- 
 sions, the ideas of practical miners will be taken and allowed 
 to prevail, so far as can be consistently done. The present 
 mining law is contained in the Federal Statutes or Acts of 
 Congress, in the regulations and decisions of the General Land 
 Office, in the State statutes, and in the decisions of the Federal 
 and State courts, also to some extent in the remaining rules 
 and customs of any still existent local mining districts. 
 
 The early prospectors and miners were really trespassers upon 
 the public domain, appropriating it and its mineral contents 
 without the sanction of any Federal law. Though they acted 
 in most cases under district regulations and State laws, these 
 were unable to confer to the miners any actual title to the 
 ground which they were working, as the ownership was vested 
 in the United States. The Acts of Congress of 1S66 and 1870 
 were the first real attempts at providing laws for the protection 
 of miners and the disposal of mineral land to them. The Act 
 of May 10, 1872, superseding or extending the previous ones 
 of 1866 and 1870, is the basis of our present law, and we are 
 not concerned with the small differences of previous legislation, 
 except in the case of claims located prior to the Act of 1872. 
 This Act is part of the Revised Statutes (abbreviated R. S.). 
 Amendments and subsequent Acts are termed Acts of Congress. 
 These Federal Statutes, being the National laws on mining, are 
 the highest and governing authority, and are in force through- 
 out the public-land States except where provision to the con- 
 trary has been made by Congress. 
 
 The General Land' Office or Land Department, as the office in 
 charge of the disposal of the public lands, has the authority 
 to make and enforce regulations for such disposal, subsidiary 
 
ORIGIN 11 
 
 to and consistent with the Federal Statutes. The United States 
 mining laws as contained in the Federal Statutes and the mining 
 regulations of the General Land Office are issued by that office 
 under the title, 'United States Mining Laws and Regulations 
 Thereunder'; they are found in this volume as Appendix- B. 
 Almost equally important with the regulations are the Decisions 
 of the Land Department, known as the L. Ds. These contain 
 the decisions and circulars of the General Land Office and Depart- 
 ment of the Interior regarding public-land questions. The sub- 
 ject of mining law, mainly with regard to patents, occupies a 
 large part of the 38 volumes now issued. 
 
 The State statutes being subordinate to the Federal Statutes 
 and unable to increase or to take away, except by restriction, 
 from the general rights conferred by the Federal Statutes, are 
 mainly concerned with specifying how the details shall be per- 
 formed to obtain the mining rights granted by the Federal Stat- 
 utes. A digest of the more important points of these forms 
 Appendix A of this work. A study of them indicates that the 
 principal matters they take up are to specify the time within 
 which to mark the boundaries and record the claim, the time 
 within which to do the discovery work and its nature, how the 
 claim shall be marked, details of the location certificate, etc.; 
 that they are in the nature of regulations, rather than primary 
 legislation; that they can be dispensed with — in fact, California 
 for many years prior to 1909 had no State mining statutes, 
 while Alaska has none today — with about the only difference of 
 allowing wider latitude under the Federal Statutes in those 
 details they restrict; and that by making the Federal Statutes 
 more detailed, all necessity of State mining statutes would be 
 done away with. 
 
 The customs and rules of the local mining districts, where 
 any such customs and rules may remain or are being enforced 
 today, are of similar purpose but less weight than the State 
 statutes, with which as well as with the Federal Statutes they 
 must harmonize. They should be complied with as consistently 
 as possible, since the Federal Statutes recognize and give some 
 weight to these local customs and rules. In the early days 
 when mining was carried on in isolated and but little organized 
 
12 MINING LAW 
 
 communities far from the seat of government, the district reg- 
 ulations were a most important thing to secure order and justice 
 to all, but as these communities were brought under organized 
 and capable Territorial and State control and the mining laws 
 were developed, the necessity of these regulations became less 
 and less until now there appears to be no call for them except 
 in such isolated communities as the remote mining districts 
 of Alaska. 
 
 The decisions of the courts, the 'judge-made' law, interpreting 
 and applying the mining statutes and customs, are found in the 
 various court reports. These constitute, perhaps, the most im- 
 portant part of mining law, for, on account of the meagerness 
 of the Federal Statutes — -hardly more than suggestive in some 
 cases — the courts have found it necessary to make the law by 
 their decisions as the different questions came into litigation. 
 A few of the court decisions are at variance with each other 
 or the general ideas that prevail in mining, but taken as a 
 whole, they savor of an attempt to do justice to the miner along 
 his own simple lines of reasoning, and not according to the 
 technicalities and intricacies of law. 
 
 Connected with the subject of what is the mining law and 
 where it may be found, are the standard text-books on mining 
 law. These are as follows: Lindley on Mines (2 vol., 1903); 
 Snyder's Mines and Mining (2 vol., 1902) ; Morrison's Mining 
 Eights (14th Ed., 1910); Shamel's Mining, Mineral, and Geolog- 
 ical Law (1907) ; Martin's Mining Law and Land Office Pro- 
 cedure (1908); Costigan's American Mining Law (1908); Rick- 
 etts' Manual of American Mining Law (1911). 
 
 The present law provides, (1) for the location of lode claims 
 upon all mineral deposits of a vein or lode character; (2) for 
 the location of placer claims upon mineral deposits which are 
 essentially different from lode deposits, and of oil and gas lands; 
 
 (3) for the location of veins or lodes within placer claims; 
 
 (4) for the location of millsites to provide surface upon non- 
 mineral ground for reduction of ores, etc.; (5) for the location 
 of tunnel sites to cut and claim blind lodes. To these may be 
 added the allied laws referring to coal lands and timber and 
 
ORIGIN 13 
 
 stone lands, and the extralateral-right law allowing the vein to 
 be followed indefinitely on its dip. 
 
 The substance of these laws is that by making a location upon 
 the public domain in conformity to the law, the miner acquires 
 a right of possession to the ground he appropriates, which is 
 called a 'possessory right.' He cannot be divested of his pos- 
 sessory right to the ground, except it be shown that he has 
 not complied with the law, or that the ground is more valuable 
 for some other purpose. On a lode or placer claim, by doing 
 annually $100 worth of work tending to develop the claim, he 
 preserves his possessory right from year to year. He can at 
 any time, by having survey made, patent application filed, and 
 $500 worth of improvements made, pay the purchase price of 
 $2.50 per acre for placer claims and $5 for lode claims, and 
 obtain an absolute or fee title — a title not dependent on condi- 
 tions — from the Government, that is irrevocable except in the 
 case of fraud or serious error in the law. 
 
 The Act of May 10, 1872, comprehending nearly all of our 
 present mining law, was coined from the customs and rules 
 of the miners. For nearly twenty-five years these customs and 
 rules had been developed and tested under strenuous- conditions, 
 before they were incorporated into the Federal Statutes. In 
 this is seen the reason why the Act has so well stood through 
 changing conditions to the present day. The framers were con- 
 tent with giving only the bare outline, the fundamentals of 
 the law, leaving the details to the States and districts, and to 
 the courts. Most of the questions have been solved as they 
 arose by the courts, and mainly in this way has the mining 
 law been built up. The tendency has been to require the Land 
 Department to meet the new conditions arising that were not 
 properly subject to court jurisdiction, instead of making new 
 laws or statutes. The additions since the Act of 1872 have 
 been few, and only those that were literally forced. It is rec- 
 ognized by all that much of the present law needs to be revised 
 and added to, to meet the new conditions, but there are no 
 well formed ideas as to how this is to be accomplished, and 
 this is just the reason that the Act of 1872 has stood so long 
 with but little addition. 
 
14 MINING LAW 
 
 The student of mining law should bear in mind the statement 
 of Mr. Justice Field, one of the ablest interpreters of mining 
 law, that "the mining laws are to be read in the light of matters 
 of public history, relating to the mineral lands of the United 
 States," a history of sixty years, comprehending a change from 
 a remote unpopulated wilderness to a comparatively well settled 
 country, where the prospector in many cases has been driven 
 by the advancing farmer and cattleman to the highest and 
 steepest mountain-sides or the sheltering 'depths of the Forest 
 Reserves; a change from the simple idea of the true-fissure 
 quartz vein to orebodies of every conceivable form and degree 
 of intricacy; the exploitation of almost every known mineral, 
 where formerly only a few were contemplated; and, incidentally, 
 the greatest mineral development in the history of the world, 
 much of which must be credited to the fostering spirit of the 
 mining laws. The student who carefully considers the subject 
 is filled with a deep respect for the framers of the Act of 1872. 
 He realizes that suitable laws could not have been adopted 
 immediately as new conditions and requirements arose, without 
 making the statute books a chaos of premature and relegated 
 laws. Furthermore, that whereas the laws of human affairs 
 have been studied thousands of years from unchanging funda- 
 mental facts, the laws of mining as applicable to the United 
 States, are of comparatively recent origin and have been subject 
 to newly arising basic facts, with which the Land Department 
 and courts have had to struggle while the statute-makers have 
 without doubt remained too apathetic. 
 
 To the miner, in many cases, the mining law is full of un- 
 known terror, for the reason that he does not understand its 
 origin, purpose, and methods; consequently he is obsessed by 
 his fear of the unknown. It is recommended that he endeavor 
 to understand, not so much the letter of the law, as its prin- 
 ciples, its scope, and its limitations. This can best be accom- 
 plished by acquiring a clear idea of its source and method of 
 application, and the functions of its adjudicators. He should 
 obtain a good conception of the Federal Statutes and the rela- 
 tion of all other law to it, and of the workings and jurisdiction 
 of the Land Department. After obtaining an idea of the Federal 
 
ORIGIN 15 
 
 Statutes and General Land Office regulations, he should be able 
 to differentiate them from the State statutes and any local dis- 
 trict requirements. He. must discriminate between the Land 
 Department and the courts. Finally, he should familiarize him- 
 self with the specific requirements of the statutes of the State 
 in which he is operating, for unfortunately the State statutes 
 are not uniform. Where the locality is subject to district rules, 
 these also must be obeyed, though district rules have generally 
 been abandoned. 
 
CHAPTER II 
 Public Land and Its Survey 
 
 All the land, together with the mineral underneath, within 
 the United States and including Alaska, is owned by the United 
 States as a sovereign power, except that land to which patent 
 or title has been acquired from the United States or its prede- 
 cessors, or that which, though unclaimed by private parties, 
 never passed to the Government, but remained in the possession 
 of the individual States. This Government land, the 'public 
 domain,' and including mines, is under the jurisdiction, survey, 
 and disposal of the Land Department, or as it is better known, 
 the General Land Office, which is a branch of the Department 
 of Interior and presided over by the Commissioner, of the Gen- 
 eral Land. Office. 
 
 The public domain is segregated into land districts, in which 
 are located the local land offices under charge of two resident 
 officers, the register and the receiver. These offices are estab- 
 lished that the public may be able to learn just what public 
 land is open to occupation and entry, what kind of entries may 
 be made thereon, and to receive filings and entries. These 
 officers also receive protests against entries, which may result 
 in hearings before the register and receiver, who will render 
 decisions thereon; these decisions being subject to the contest- 
 ants' right of appeal to the Commissioner of the General Land 
 Office, and from his decision to that of the Secretary of the 
 Interior. 
 
 Closely associated with the local land offices are the offices of 
 the surveyors-general, who have charge of surveying the public 
 domain into townships and sections preliminary to its entry 
 by homesteaders and other claimants of public land for agri- 
 cultural purposes, and the direction of the deputy mineral sur- 
 veyors in the making of patent surveys of mining claims neces- 
 16 
 
PUBLIC LAND AND ITS SURVEY 17 
 
 sary before applying to the local land office for patent or title 
 to the land embraced by the claims; also the approval and official 
 filing of such surveys. The surveyors-general are under the 
 jurisdiction of and report directly to the General Land Office at 
 Washington. Likewise closely associated with the local land 
 offices, are the offices of the Field Service or Field Division of 
 the General Land Office, under the direction of local Chiefs of 
 Field Service. The employees of the Field Service are generally 
 termed Special Agents, and make field investigation of all entries 
 of public land and matters concerning the public lands, report- 
 ing confidentially to the Commissioner of the General Land 
 Office. Mineral entries and entries involving the mineral char- 
 acter of the land are investigated by Agents usually called Min- 
 eral Inspectors or 'Practical Miners,' who are versed in land 
 and mineral law, and with practical and technical experience 
 in mining. 
 
 The Land Department, being vested with the care and dis- 
 posal of the public lands, including mines, has the authority 
 to formulate and enforce regulations for such care and disposal. 
 It also has the authority to render decisions on questions regard- 
 ing public land over which it may exercise control; but the 
 Land Department is bound to act according to and within the 
 Federal Statutes in all its regulations and decisions. The Land 
 Department does not concern itself with any land until it is 
 filed or entered for patent, except in flagrant cases of the land 
 being wrongly occupied to the exclusion of dona fide appropria- 
 tors or against good public policy. It retains control over 
 public land subject to its care up to the time it issues patent 
 and passes the title or ownership from the Government, after 
 which it has lost its jurisdiction to the land, and all questions 
 thereafter raised should be taken into the courts. It is almost 
 impossible to take questions affecting the character of public 
 lands, which may be under the consideration of the Land Depart- 
 ment, into the courts before patent is issued or refused. The 
 courts look with favor upon the Land Department as a brother 
 tribunal, and, though not bound by its constructions of the 
 Statutes, are loath to interfere. After patent is issued or re- 
 fused, the action of the Land Department may be attacked in 
 
18 MINING LAW 
 
 the courts on grounds that it exceeded its jurisdiction, acted 
 fraudulently, or misinterpreted the law, but not for the con- 
 tinued litigation of the facts that have been or should have been 
 presented to the Land Department. Since the subject of mining 
 law is largely concerned with obtaining title to mineral land, 
 and this title is obtained through and under the supervision 
 of the Land Department, the miner should clearly understand 
 the functions and workings of that department. 
 
 The States which are spoken of as the mining-law States, for 
 the reason that the mining law is in daily use in them and 
 that they are generally assumed to be the whole field of Amer- 
 ican mining law, are California, Oregon, Washington, Idaho, 
 Montana, North Dakota, South Dakota, Wyoming, Colorado, 
 Utah, Nevada, Arizona, New Mexico, and the District of Alaska. 
 It will be noticed that they include, besides the Rocky Mountain 
 and Pacific Coast States, the Dakotas and Alaska. Of the re- 
 maining States, many never had any public domain; to others 
 the mining laws were not extended or were subsequently re- 
 pealed. The law has some force and utility in Arkansas, Florida, 
 Louisiana, Mississippi, and parts of Oklahoma, but owing to 
 the almost total absence of public mineral land in those States, 
 they will not be considered. Texas having joined the United 
 States as a sovereign power, retained possession of her unoc- 
 cupied unclaimed land, enacting a State code of mining laws 
 to govern them. For the Philippine Islands special mining laws 
 have been provided. The possessions of the United States out- 
 side of Alaska and the Philippines have no mining laws. 
 
 Besides knowing whence and how title is derived to mineral 
 and other public land, it is highly important to know how 
 this land is mapped and designated, and how it is marked in 
 the field. In making a mineral location upon public domain, 
 it is usually not necessary to know upon what section of land 
 it is, or to tie the location to a land survey monument, possibly 
 excepting placers; but with agricultural and other entries and 
 patents rapidly encroaching on mineral lands, it is often neces- 
 sary in trying to keep clear of them, or in the case of disputes, 
 to be able to find tracts of land in the field by their markings. 
 In case of a contest between mineral and agricultural claimants, 
 
PUBLIC LAND AND ITS SURVEY 19 
 
 each legal subdivision of 40 acres constitutes a unit. The Gov- 
 ernment is desirous that placer claims conform to legal sub- 
 divisions whenever practicable, in such cases permitting the 
 claims to be entered for patent without further survey or plat. 
 For these and other reasons a knowledge of how public land 
 is surveyed and divided is essential. 
 
 *As a starting point for the surveys a prominent landmark 
 is taken in different localities as an 'Initial Point.' Through 
 the initial point a 'Principal Meridian' is laid off, running north 
 and south and conforming to a true meridian, and also a 
 'Base Line' running east and west and conforming to a parallel 
 of latitude (Fig. 1). The correct method of designating this 
 initial point is to refer to the base line and the principal 
 meridian that intersect at the point, as Salt Lake Base and 
 Meridian, abbreviated S. L. B. & M.; though the general way 
 is to refer to the meridian only, as Salt Lake Meridian, abbre- 
 viated S. L. M. The above is the designation of the initial 
 point upon which the land surveys of the State of Utah are 
 based, the initial point being in Salt Lake City. For the State 
 of Idaho, the Boise Meridian, having its locus at Boise, Idaho, 
 is used. California and Nevada make use of the Mount Diablo 
 and San Bernardino meridians. 
 
 There are initiated from the principal meridian at intervals 
 of 24 miles, east and west lines conforming to parallels of lati- 
 tude, and similar to the base line. These are successively known 
 as 'First Standard Parallel North', 'Second Standard Parallel 
 North', 'First Standard Parallel South', etc., as these lines may 
 be north or south of the initial point and base line. From the 
 base line are initiated north and south lines at intervals of 24 
 miles, known as 'Guide Meridians'. Since all north and south 
 lines converge toward the poles, these guide meridians are 
 started anew from each standard parallel in contradistinction to 
 the principal meridian which runs directly without change to 
 the confines of the area governed thereby. These lines, though 
 broken and displaced each 24 miles, are known and numbered 
 
 *From author's article, 'Surveying the Public Land of the United 
 States,' in Mining and Scientific Press, January 29, 1910. 
 
20 
 
 MINING LAW 
 
 successively from the principal meridian, as 'First Guide Merid- 
 ian East', 'Second Guide Meridian East'. 
 
 Special base lines and meridians have been established to 
 govern lesser areas remote from the main initial points where 
 it was impossible or impracticable to carry the standard paral- 
 lels over the mountains. The Uintah Base and Meridian, gov- 
 erning the northeast part of Utah, is an example. Local stand- 
 ard parallels or guide meridians have sometimes been established 
 where necessitated. 
 
 Parallel 
 
 Alorrh 
 
 Base 
 
 Line 
 
 Sa/t 
 
 Lake 
 
 Meri 
 
 di'an 
 C 
 
 Pig. 1. DIAGRAM ILLUSTRATING DIVISION OF LAND INTO TOWNSHIPS 
 
 The tracts, 24 miles square, are subsequently divided into 
 'Townships', 6 miles square, by east and west lines intersecting 
 north and south lines. The townships in turn are divided into 
 
PUBLIC LAND AND ITS SURVEY 21 
 
 36 tracts, known as 'Sections', each one mile square, and con- 
 taining 640 acres; these are numbered as shown in the diagram 
 (Fig. 2). Only the exterior boundaries of the sections are run 
 by the Government, but corner stones or monuments are placed 
 each half-mile on these lines, that the sections may be readily 
 divided into 'Quarter Sections'. Each quarter section is held 
 to contain four square 40-acre tracts — 'Quarter-Quarters' — the 
 smallest legal subdivision; though the Government in the case 
 of patenting placer claims conforming to the land surveys does 
 recognize and allow entry on 10-acre tracts, that are the regu- 
 lar subdivisions of these 40-acre subdivisions. 
 
 Any row, or series of continuous townships, extending east 
 and west, is spoken of as 'Townships', though the proper term 
 is 'Tier', but the latter is not used.' Any row or series running 
 north and south is known as a 'Range.' A township in the 
 first row of townships north or south of the base line and initial 
 point or meridian is designated as Township 1 North, or Town- 
 ship 1 South, while a township in the second row becomes Town- 
 ship 2 North, or Township 2 South, etc. Similarly the rows 
 of townships east and west of the principal meridian and the 
 initial point are known as Range 1 East, Range 1 West, Range 
 2 East, Range 2 West, etc. By co-ordinating these systems of 
 numbering, easy reference can be made to any township. In 
 the diagram, the township designated by A is known as Town- 
 ship 2 North, Range 3 West, Salt Lake Meridian, and is abbre- 
 viated T. 2 N., R. 3 W., S. L. M. Likewise the township indi- 
 cated by B is T. 5 N., R. 5 W., S. L. M., while C is T. 1 S., R. 1 E., 
 S. L. M. 
 
 The method of surveying a township into sections, the ex- 
 terior boundaries of the township having been run, and all 
 monuments on these lines having been placed, is ordinarily to 
 start from the south boundary of the township and close the 
 survey on the east, north, and west boundaries. Starting from 
 the southeast corner of Section 35 on the southern boundary of 
 the township, the surveyor will run a line north, noting the 
 topography of the country he passes over and recording the 
 distance in chains of 66 ft., or 80 to the mile. At 40 chains, 
 or one-half mile, he will set a rough undressed stone or a 
 
22 MINING LAW 
 
 dressed post, called a 'Quarter-Section Corner'. This stone will 
 probably be 8 by 12 in. by 2 ft. long and will be set with two- 
 thirds to three-quarters of its length in the ground. If a post, 
 it will be 3 tt. long by 3 or 4 in. square. On a side parallel 
 to the direction the line is being run will be chiseled 'y^' if a 
 stone, or inscribed ,; !4S', and the numbers of the sections it 
 stands for, if a post. Should any trees over 3 in. in diameter 
 be found within 200 ft. of the corner, one in each section will 
 be marked on the side directly facing the corner by being blazed 
 and having cut into the blaze the initials B. T. and the abbre- 
 viated section in which the tree stands. These trees are known 
 as 'bearing trees', and are recorded in the surveyor's notes. 
 From this corner the surveyor will continue north another 40 
 chains, making a full mile, where he will place a stone or post 
 for the section corner common to sections 25, 26, 35, and 36. 
 This monument should be set with its edges facing the cardinal 
 points; on the east corner should be chiseled or cut one notch 
 to denote that it is one mile from the east boundary of the 
 township, while on the south should be one notch to indicate 
 that it is one mile from the south boundary. If a post, it will 
 bear in addition the sections for which it stands, and the town- 
 ship and range. A mound of rock will be raised beside the 
 monument, and any suitable trees blazed as bearing-trees with 
 the initials B. T. and the abbreviated section, township, and 
 range in which they stand. From this corner the surveyor will 
 run east on a random or trial line, setting a stake for a tem- 
 porary quarter-section corner at 40 chains. Running another 
 40 chains, and arriving on the east boundary of the township, 
 the surveyor measures and calculates his error in bearing and 
 distance in striking the section corner to sections 25, 30, 31, 
 and 36, that was placed when the township boundaries were run. 
 Returning from this corner on a true line to the corner for 
 sections 25, 26, 35, and 36, he sets permanently, in the proper 
 place, midway between the two section corners, the quarter- 
 section corner that was temporarily marked. From the corner 
 for sections 25, 26, 35, and 36, the surveyor will run north one 
 mile and east one mile, as before, and continue in this way, 
 marking all section corners on the east and south edges with 
 
PUBLIC LAND AND ITS SURVEY 23 
 
 cuts or notches indicating the number of miles the monument 
 is from the east and south boundaries of the township. The 
 last mile on the north (between sections 1 and 2) will be run 
 in a way similar to the east and west lines, so that the line 
 may close on the corner already in place on the north boundary 
 of the township. Where the north boundary of the township 
 is a base line or standard parallel (formerly called a 'Correction 
 Line'), the north line between sections 1 and 2 will be run as a 
 true line without reference to the corner already existing on 
 the township boundary. A 'Closing Corner' will be set where 
 the section line intersects the standard parallel or base line 
 as the closing-corner of sections 1 and 2 only. This corner 
 will bear the letters C. C. on the south, facing the township 
 it represents, and notches or grooves to indicate the number 
 of miles it is from* the corners of the township, in this case 
 one on the east and five on the west. This is the plan of mark- 
 ing section corners on township boundaries. It will be noticed 
 that notches on these corners will always total six, and are 
 on the opposite faces of the monuments instead of on edges 
 adjacent and quartering toward each other, as in the case of 
 section corners within townships. For illustration, the corner 
 to sections 19, 24, 25, and 30 on the township boundary line 
 will have two notches on the south face and four on the north. 
 
 All lines will be carried from the southern to the northern 
 boundary in this way. The closing on the west boundary will 
 be done by means of trial or random lines, just as the north 
 and east boundaries. Closing-corners are placed in the interior 
 of a township only when it has been surveyed in part at differ- 
 ent times, and it is impossible to close within proper limits the 
 lines of the later survey upon the corners of the earlier one. 
 
 A township corner is a monument marking the corner of a 
 township. Due to the necessity of making corrections along 
 the standard parallels to correct the convergence of the merid- 
 ians or of joining old surveys to new ones, a township corner 
 may be the corner of from one to four townships. There are 
 certain methods of marking corners to show this or other facts, 
 but the details would only be confusing to any but surveyors. 
 A corner common to four townships bears six notches on each 
 
24 MINING LAW 
 
 of the four corners of the post or stone. One common to two 
 townships, or referring to one alone, is marked by six notches 
 on two edges facing toward these townships. Township corners 
 on base lines or standard parallels bear six grooves on three 
 faces. Township corners that are closing township corners bear 
 the letters C. C, and three sets of six notches. Such corners 
 must necessarily be placed along the standard parallels when 
 the 24-mile tracts are surveyed into townships; they also occur 
 in joining different surveys. When it is impossible to place 
 a corner in the proper place due to inaccessibility, a corner is 
 placed on the line as near the proper point as practicable; this 
 is called a 'Witness Corner', and bears in addition to the usual 
 markings the letters W. C. Where rock is not available for 
 a mound, pits may be dug and the earth raised as a mound. 
 Stone monuments and mounds of rock are' to be preferred to 
 wooden posts and earth mounds, as being more substantial. 
 Recently new corners have been adopted, being iron pipes sur- 
 mounted by brass caps, similar to the bench marks of the 
 Geological Survey. Mounds and pits will accompany them as 
 with the old-style corners. Trees should be marked by the sur- 
 veyor; those intersecting the line by two opposite blazes facing 
 the directions of the line; those within a half chain by two blazes 
 quartering toward the line. Brush should be cut to indicate 
 the line. 
 
 By the method of surveying, all the error in measurement 
 is thrown on the north and west boundaries of the townships; 
 for this reason the outside quarter sections on these boundaries 
 are reported and sold according to the measurements returned 
 by the surveyor, the other tracts being presumed to be of full 
 area. This error is platted into the outside tier and range 
 of 40-acre tracts on these boundaries. These particular sub- 
 divisions are called 'lots', and in these sections are numbered 
 as shown in the diagram (Fig. 2). Any tract of the 40-acre 
 subdivision class that contains more or less than 40 acres as 
 officially described is called a lot. Also, any part of a 40-acre 
 subdivision that may be cut off and left remaining by a piece 
 of land, the title of which has passed from the Government, 
 is called a lot. There can be no regularity in numbering such 
 
PUBLIC LAND AND ITS SURVEY 
 
 25 
 
 lots as can be seen in the case of the lots made in sections 9 
 and 16 of the diagram, by the issuing of patent to the group 
 of mining claims indicated. 
 
 f*1 — | i l i ; | I H i 11 1 i — i — | l lli III i — . — i — rt 
 
 «-i — , i m ill i , rumjiMi 
 
 J« /7 
 
 vT««. /5 
 
 <J>« /3 
 
 See. 19 
 
 Sec.eo 
 
 ■Sec.ee 
 
 ..J.. T 
 
 Sec.Z4 
 
 See.ZS 
 
 Jee.ee 
 
 Sec.Z7 
 
 •See. 26 
 
 •SecZS 
 
 Sec.32 
 
 ■Sec. S3 
 
 ■See. 34 
 
 Sec. *36 
 
 Sec >36 
 
 mm 
 
 imSV 
 
 Fig. 2. DIAGRAM ILLUSTRATING DIVISION INTO SECTIONS AND SUBDI- 
 VISIONS, ALSO METHOD OF MARKING CORNERS 
 
 Though the Government does not subdivide sections, it issues 
 the following instructions for such procedure: First, determine 
 the boundaries of the section by the established corners, then 
 divide into quarter-sections by running intersecting lines from 
 the opposite quarter-section corners. To still further reduce 
 by dividing the quarter-sections into quarter-quarters (40-acre 
 subdivisions), locate quarter-quarter corners at points midway 
 
26 MINING LAW 
 
 between the section and quarter-section corners, likewise between 
 the quarter-section corners and the centre of the section as 
 determined in dividing into quarter sections. Then run inter- 
 secting lines from these quarter-quarter corners. In subdividing 
 the quarter-Sections on the last half mile of the lines closing on 
 the north or west boundaries of the township, where the errors 
 in measurement are thrown, the inside rows of quarter-quarters 
 are made exact by measuring 20 chains along the section lines 
 from the quarter-section corners, the outside rows of quarter- 
 quarters becoming lots of various areas. 
 
 The nomenclature of the subdivision of a section is simple. 
 In the diagram (Fig. 2) the tract indicated by G is the southeast 
 quarter of section 23, abbreviated the SE. % sec. 23; E is the west 
 half of the southwest quarter, abbreviated the W. % SW. % 
 sec. 23; the quarter-quarter D is the northwest quarter of the 
 northwest quarter, abbreviated the NW. Yi NW. % sec. 23; F 
 is the southeast quarter of the northeast quarter, abbreviated 
 the SB. % NB. % sec. 23. A 10-acre placer claim conforming 
 to legal subdivisions and situated in the extreme northwest 
 corner of G would be the NW. % NW. % SE. % sec. 23. 
 
 After completing the survey, the surveyor will file a copy of 
 his field notes with the surveyor-general, who binds them in 
 a book open for inspection by all upon application. The sur- 
 veyor also files a map of the township, which is open for in- 
 spection and tracing. These maps are made by entering on 
 the plat the topography of the section lines as found in the 
 field notes of the surveyor and connecting these according to 
 the sketches in the surveyor's field book. The fact that the 
 interiors of the sections are only sketched in, and consequently 
 creeks, roads, etc., are often wrongly connected or misplaced in 
 the interior of a section, should be remembered when trying 
 to fit the known topography of a section to the map of the 
 same. The topography of the section lines should be accurate, 
 and generally is. 
 
 After the notes and plat have been filed with the surveyor- 
 general, the Government sends an examiner who inspects the 
 survey, measuring a number of the lines and endeavoring to 
 determine if the survey has been properly made, marked, and 
 
PUBLIC LAND AND ITS SURVEY 27 
 
 returned. In case errors are found, the surveyor is required 
 to return and correct his work; this frequently happens! The 
 errors and omissions of the surveyor may consist in initiating 
 his surveys from wrong corners, in putting up poor corners, 
 in failing to mark his line, or in willfully neglecting to run 
 lines or set corners in a difficult part of the country where it 
 is expected that the examiner will not go. Errors in measure- 
 ment and alignment are sometimes found, though these should 
 not occur, since by the method of surveying there is a constant 
 check on the work. At first, previous to the 'eighties', examina- 
 tions of surveys were not made, but so many irregularities re- 
 sulted, willful and otherwise, that all are now inspected. Gross 
 irregularities are often found after a survey has been accepted, 
 such as a corner being a quarter of a mile from its proper 
 point, but after a survey has been accepted the corners hold 
 and cannot be changed. 
 
 All lines do not run due north and south or east and west, 
 or the prescribed theoretical distance. Many of them vary in 
 small amounts, and occasionally some vary greatly for a short 
 distance. This is only done when necessary to close surveys, 
 and is fully shown in the notes and plats. 
 
 With the passing of time the corners or monuments disappear. 
 Men may intentionally or unintentionally remove them; cattle 
 may tear them down; the elements and the various forces that 
 change the surface of the earth may • obliterate them. Anyone 
 who has observed the condition of patented claim-stakes on 
 a steep hillside subject to much snow can understand how these 
 corners disappear. Corners that have disappeared may be re- 
 stored by running lines from existing corners in the vicinity, 
 or a re-survey of a township or locality may be ordered to be 
 made, starting from known corners and following the notes of 
 the old survey. 
 
CHAPTER III 
 Where Locations May Be Made 
 
 R. S., Section 2319. All valuable mineral deposits in 
 lands belonging to the United States, both surveyed and 
 unsurveyed are hereby declared to be free and open 
 to exploration and purchase, and the lands in which they 
 are found, to occupation and purchase, by citizens of the 
 United States and those who have declared their inten- 
 tion to become such, under regulations prescribed by law, 
 and according to the local customs or rules of miners in 
 the several mining districts, so far as the same are appli- 
 cable and not inconsistent with the laws of the United 
 States. 
 
 Only public domain is open to mineral location, and there 
 are parts even of it that are not open to location, though it 
 is not necessarily true that only unoccupied unclaimed public 
 land can be located as mining claims. It is the policy of the 
 Government that the public land shall be put to its most useful 
 purpose, and in accordance with this policy, the Land Depart- 
 ment will receive a protest, and, under proper conditions and 
 satisfactory representations, will undertake to determine for 
 what purpose the land is most valuable, and will render judg- 
 ment accordingly, up to the time the land leaves its jurisdiction 
 by the issuing of patent, or until by some specific act of con- 
 gressional or presidential legislation, the land is removed from its 
 jurisdiction. However, the Land Department will not undertake 
 any determination of the rights of rival claimants under differ- 
 ent classes of possession or entry, until patent is asked for 
 the land in question, except in flagrant cases of the land being 
 occupied in bad • faith to the detriment of good public policy 
 and the exclusion of bona fide locators and entrymen. 
 
 Land to which patent has been obtained, or which has been 
 approved or certified to the applicant by the Government — 
 28 
 
WHERE LOCATIONS MAY BE MADE 29 
 
 which is the same as passing title — cannot be entered upon for 
 location, except the patent be broken. The Government will 
 not undertake to break a patent of any kind, except on the 
 clearest and strongest proof of fraud or serious error of law, 
 proceedings to be initiated within six years of issuing patent 
 as prescribed by the Statute of Limitations, "that suits to vacate 
 and annul any patent * * hereafter issued, shall be brought 
 within six years after date of issuing such patent." Innocent 
 purchasers will generally, if not always, be protected, though 
 the Government may institute suit against the original and 
 defrauding owner or claimant for the value of the land. 
 
 No location can be made upon an Indian reservation unless 
 allowed by a specific Act of Congress, but a location existing 
 at the time the reservation was created and closed to further 
 locations, has been upheld by the Land Department as being 
 a part of the public domain excluded from the reservation, and, 
 as such, susceptible of being relocated, should the original locator 
 abandon it. 
 
 Military reservations and national parks come under the same 
 head as Indian reservations, and the same principles may be 
 said to govern. 
 
 Locations can be made within Forest Reserves, or the National 
 Forests, with the same freedom that any public land lawfully 
 can be entered upon for that purpose. 
 
 Lands withdrawn for power-sites, reservoirs, etc., were for- 
 merly invariably closed to location, especially where locations 
 might interfere with the purposes of the withdrawal. Though 
 the Land Department said that a location made prior to the 
 withdrawal would be upheld, if "a, valid one, that is, founded 
 on actual discovery by the locator of a valuable deposit of min- 
 eral within the limits of the claim, and maintained in accord- 
 ance with the mining laws and regulations applicable", it also 
 said that the withdrawal of land for irrigation or reclamation 
 projects did not withdraw it from mineral location. In gen- 
 eral, it was considered that the miner making a location on 
 a withdrawn area was entitled to a preferred right to make a 
 valid location upon the removal of the withdrawal, if no greater 
 right. Locations have been made on this principle upon Indian 
 
30 MINING LAW 
 
 and military reservations, but it is a poor method to pursue, 
 for the authorities are usually antagonized by the trespassing 
 of the locator. However, the land-withdrawal law passed by 
 Congress June 25, 1910, now permits mineral locations upon 
 withdrawn areas and clearly defines the present rights as 
 follows: 
 
 ACT OP CONGRESS. Section 1. That the President 
 may, at any time in his discretion, temporarily withdraw 
 from settlement, location, sale, or entry any of the public 
 lands of the United States, and the District of Alaska, 
 and reserve the same for water-power sites, irrigation, 
 classification of lands, or other public purposes to be 
 specified in the orders of withdrawals, and such with- 
 drawals or reservations shall remain in force until re- 
 voked by him or an Act of Congress. 
 
 Sec. 2. That all lands withdrawn under the provisions 
 of this Act shall at all times be open to exploration, dis- 
 covery, occupation, and purchase, under the mining laws 
 of the United States, so far as the same apply to minerals 
 other than coal, oil, gas, and phosphates. Provided, that 
 the rights of any person who, at the date of any order of 
 withdrawal heretofore or hereafter made, is a bona fide 
 occupant or claimant of oil or gas-bearing lands, and 
 who, at such date is in diligent prosecution of work lead- 
 ing to discovery of oil or gas, shall not be affected or 
 impaired by such order, so long as such occupant or 
 claimant shall continue in diligent prosecution of said 
 work. And provided further, that this Act shall not be 
 construed as a recognition, abridgment, or enlargement 
 of any asserted rights or claims initiated upon any oil 
 or gas-bearing lands after any withdrawal of such lands 
 made prior to the passage of this Act. ***** 
 
 Tide-lands are not such public lands as locations may be 
 made upon, though beaches have been mined by special per- 
 mission. Likewise, lands lying under navigable rivers are not 
 public lands within the meaning of the mining laws. 
 
 A location can be made upon the land of a homestead or 
 other agricultural filing or entry of public land, if patent has 
 not yet been issued and presuming that the location can be 
 made peaceably and without trespass. The courts have always 
 declared and upheld that a valid location cannot be made fraud- 
 
WHERE LOCATIONS MAY BE MADE 31 
 
 ulently, clandestinely, forcibly, or by trespass. Just what acts 
 or conditions may be construed as coming under the above de- 
 barment, varies with the circumstances. The aim is to prevent 
 breaches of peace and homicides. Where the agricultural claim- 
 ant prevents a location from being made, and also where the 
 location is placed but not excepted from the homestead entry, 
 protest should be made to the local land office asking that the 
 ground in question be declared mineral and removed from the 
 homestead entry. In the hearing or contest before the register 
 and receiver of the local land office as a result of the protest, 
 the question to be determined, and the one on which judgment 
 will be rendered, is, for which is the land more valuable, . min- 
 eral or agricultural purposes? Protest that all or part of a 
 homestead or other agricultural filing is mineral in character 
 and more valuable for mineral than other purposes, may be 
 made up to the time patent actually issues, when based upon 
 mineral discovered before the issuance of the final certificate 
 by the receiver of the local land office as a result of the sub- 
 mission of 'final proof by the agricultural claimant that he 
 has complied with the law and is entitled to receive patent. 
 The burden of proof in contest cases between mineral and agri- 
 cultural claimants will be on the second entryman (a home- 
 stead or other agricultural application may also be filed upon 
 ground held by mineral location) in accordance with the fol- 
 lowing rule: The land is carried upon the plat books of the 
 local land office as mineral, agricultural, or other land according 
 to the designation given by the deputy surveyor who surveyed 
 it into sections. While the classification is official, it is only 
 the general opinion of the surveyor, and has no other weight 
 than to throw the burden of proof one way or the other. When 
 a homestead or nonmineral application is accepted by the local 
 land office on a tract of land classified by the surveyor as min- 
 eral, it now gives the tract a new classification as being agri- 
 cultural or other, and any locator of a mining claim will have 
 the burden of proof of overcoming the agricultural or other 
 classification, no matter whether his location was made before 
 or after the homestead application. Where the land has been 
 returned as nonmineral by the surveyor, a mineral location does 
 
32 MINING LAW 
 
 not give it a mineral classification, since the land office has 
 no knowledge of mineral locations, and if the matter is brought 
 to their attention they have no positive information as to the 
 exact ground in conflict; also, a mineral location is initiated 
 so easily, and is often so transitory in character, that to allow 
 it to overthrow a subsisting official classification would cause 
 endless trouble and confusion. It requires an application for 
 patent to the location to overthrow the previous nonmineral 
 classification and throw the burden of 'proving off' the mineral 
 on any contesting agricultural or other nonmineral applicant 
 who attempts to file an entry, or who files a protest after the 
 application for mineral patent. 
 
 Each legal subdivision of 40 acres is considered as a unit 
 for most purposes, though in connection with placer locations 
 10 acres is recognized. If a mineral location is allowed to 
 remain upon a tract as the result of a contest, the whole 40- 
 acre subdivision is removed from the agricultural entry, though 
 by having survey made, the mineral ground removed from the 
 tract, and official recognition made of the lot remaining, the 
 agricultural entry may be extended to include the lot. 
 
 Because a tract has once been classified as the result of a 
 hearing or contest, does not prevent the asking of a new hearing 
 and a new classification based on new and subsequent develop- 
 ments. The result of a land office hearing or contest does not 
 give the land to the winning contestant; it only classifies the 
 land and removes the protest, so that he may now proceed 
 unrestricted to patent in the usual way or continue to hold 
 possession as before. After agricultural patent has been ob- 
 tained, no location of the land can be made, except the patent 
 be broken on grounds of fraud or error of law. 
 
 It has been the custom of the Government to grant the States 
 and reserve for the Territories a certain section or sections of 
 land in each township, usually 16, or 16 and 36, and in some 
 cases 2 and 32 additionally, to be sold for the benefit of the 
 schools and other public purposes of the State. The title of 
 these school sections passed to the State when admitted to 
 the Union, or at the time of the granting Act, if the land was 
 already surveyed into sections. If the sections are surveyed at 
 
WHERE LOCATIONS MAY BE MADE 33 
 
 a later date, they pass to the State on the approval of the sur- 
 vey. If these sections are known to be valuable for mineral 
 at the time title should pass to the State, this title is withheld 
 by the implied terms of the grant, and remains in the United 
 States as reserved mineral land. The attitude of the different 
 States varies on the subject of locating or prospecting for 
 mineral on State land, but generally a liberal view is taken, 
 with the idea of encouraging the mining industry. Where the 
 land is purchased from the State, the purchaser takes it subject 
 to the limitations of the grant to the State; consequently, he 
 is not entirely safe from having ground which was known to 
 be of mineral character at time title passed to the State, en- 
 tered upon and patented away from him as mining ground, not- 
 withstanding that his patent obtained from the State is sup- 
 posed to cover all the ground. Where the mineral character 
 of the land has been discovered since the title passed to the 
 State, the land cannot be located upon unless it is known that 
 the State or Its grantee will give their consent; such land 
 should be purchased from the State or its grantee. In asking 
 for patent to a mining claim upon one of these original school 
 sections, the applicant must be prepared to show, should the 
 State or its grantee protest against the allowance of the patent, 
 that the land was known mineral land at date title should 
 have passed to the State, and that at the present time the 
 ground sought to be patented as a mining claim is more valuable 
 for mineral than for any other purpose. 
 
 To reimburse the State for lands lost to it through prior 
 occupation or by reason of the mineral character of the land, 
 also to cover floating grants to the State, it is allowed to select 
 other lands called 'lieu', 'indemnity', or 'selection' lands. These 
 must be nonmineral in character and come under practically 
 the same rules as homestead entries, in that locations may be 
 made, the character determined, or the allowance of the entry 
 protested against, at any time up to the approval and certification 
 of the entry to the State by the General Land Office. After the 
 approval and certification of these lands, they cannot be entered 
 upon for location, whether known to be mineral in character 
 before the allowance of patent or otherwise. 
 
34 MINING LAW 
 
 In the railroad grants the Government has included with the 
 rignt-of-way strip all the mineral, except that of pre-existing and 
 valid locations. In the alternate or original sections granted the 
 railroads, the grants impliedly or otherwise reserved the min- 
 eral lands, with the exception of coal and iron in some cases. 
 While the railroad company has title to these under its grant, 
 claims can be located upon any of this land up until it is patented 
 under the railroad grant, whether the mineral was known or 
 unimown at the time the grant attached. After patent is issued 
 to a tract of land under the railroad grant, no future discovery 
 of mineral will authorize or allow a mineral location, but suit 
 can be brought through and by the U. S. on mineral known be- 
 ioie issuance of patent to cancel the agricultural patent and thus 
 throw the land open to location. Such suits must be brought 
 within six years of the issuance of patent as prescribed by the 
 Statute of Limitations, while strong proof of the known mineral 
 character of the land at time patent was issued and its high 
 value as mineral land must be made. 
 
 By the terms of some of the Mexican grants the mineral land 
 was reserved and title now remains in the United States; in 
 others it was not so reserved. Each case should be investigated. 
 
 Townsites upon public lands of a mineral character are pro- 
 vided for by the Statutes. Because of the somewhat conflicting 
 Acts and decisions, and the variety of conditions met with, the 
 law is not entirely clear, but the following are the general 
 principles. The law contemplates giving titles to lots of land 
 occupied for business or residence purposes, but with the right 
 to mine paramount to other occupation or use of the land. 
 Consequently, the law purposes that mining claims valid by reason 
 of a mineral discovery prior to occupation of the land for 
 townsite purposes, are to be reserved from townsite patent; like- 
 wise, but to a lesser extent, a valid location made after town- 
 site occupation, but prior to the issuance of townsite patent, will 
 be protected. The status of locations made after issuing of 
 townsite patent and upon ground known to be valuable for 
 mineral before the issuance of patent is more doubtful, but gen- 
 erally they can be sustained and perfected to mineral patent. 
 Locations made and based on a mineral discovery made after 
 
WHERE LOCATIONS MAY BE MADE 35 
 
 the issuing of townsite patent and upon ground not known as 
 mineral ground in a convincing way at time of issuing such 
 patent, cannot be sustained. 
 
 Locations limited to being for gold, silver, cinnabar, copper, 
 or coal can be made upon land filed upon under a Timber and 
 Stone entry up to the time patent is issued, just as in the 
 case of homestead entries. 
 
 It will be noted that mineral locations are to be made on 
 mineral lands only, and the question arises, what is mineral 
 land? Mineral land is land more valuable for its mineral con- 
 tents than for any other purpose. The mere appearance of min- 
 eral is not sufficient to give the land a mineral classification, 
 if there are not substantial and lucid reasons for believing that 
 valuable mineral deposits may . be eventually opened. Again, 
 the absence of mineral indications will not give the land a 
 nonmineral classification, if it is within an ore-bearing zone 
 or in a continuation of known and proved ore-bearing forma- 
 tions. The extent of the mineralization required to sustain a 
 mineral location varies with the conditions. In the case of 
 a contest between twp mineral claimants, very little evidence 
 of mineralization may be required, whereas in a contest between 
 an agricultural and a mineral claimant, the evidence must be 
 more conclusive. In the latter case, while the comparative 
 value of the land for agricultural or mining purposes determines 
 the result, the principal and usually most weighty question is, 
 would a prudent and experienced miner or prospector feel justi- 
 fied or willing to spend his labor or money in trying to develop 
 a valuable mineral deposit on the land? 
 
 To further understand what is mineral land it is necessary 
 to know what is mineral within the meaning of the land and 
 mining laws. The Land Department has long held that "what- 
 ever is recognized as a mineral by the standard authorities on 
 the subject, where the same is found in quantity and quality 
 [sufficient] to render the land sought to be patented more valua- 
 ble on this account than for purposes of agriculture, should 
 be treated by this office as coming within the purview of the 
 mining Act of May 10, 1872." The word mineral in the above 
 has been construed to mean substance both metallic and non- 
 
36 MINING LAW 
 
 metallic, and to include among all earthy substances and con- 
 stituents of the earth's crust, salt, phosphate, gas, the various 
 forms of petroleum, and hydrocarbons. There are conflicting 
 opinions regarding such things as stone, sand, and gravel. It 
 will be seen that practically all land would be mineral land 
 were it not for the proviso, "where the same is found in 
 quantity and quality sufficient to render the land * * * more 
 valuable on this account than for the purposes of agriculture." 
 This principle is applied in the case of land containing a 
 deposit of limestone, building stone, or similar, in which the 
 deposit is of more value than the surface is for agricultural 
 purposes. 
 
 Land which has been classified as nonmineral by the land 
 surveyor, can be located upon as stated before. Land classified 
 or withdrawn pending classification as coal, oil, gas, phosphate, 
 or other land, can be located upon for other minerals, though 
 it will be under the implied protest of the Land Department 
 when the indications of good faith are lacking, which may throw 
 a strong showing of proof upon the locator, should his location 
 ever be questioned. Protest may be entered against the classi- 
 fication of the land by the Land Department as a result of 
 field examination by its experts or other governmental experts, 
 and a hearing may be asked before the register and the receiver 
 of the local land office to present evidence to overthrow the 
 classification. A second hearing can be asked where new and 
 important developments have occurred subsequent to the first 
 hearing. An appeal from the decision of the local land office 
 on a hearing can be taken to the Commissioner of the General 
 Land Office on grounds of error, etc. A further appeal from 
 his decision can be taken to the Secretary of the Interior. Or 
 it may be carried into the courts on grounds of fraud or gross 
 misinterpretation of the law by the Land Department; such 
 proceedings seldom, if ever, occur before patent is issued or 
 refused. The substance is that there is no hard and fast class- 
 ification, but that the Land Department will at all times, while - 
 patent is being asked for a tract of land, undertake to determine 
 for what the land is most valuable and give entries for that 
 purpose the preference. 
 
WHERE LOCATIONS MAY BE MADE 37 
 
 Locations cannot lawfully be made or perfected to patent for 
 purposes or uses foreign to those of mining or the development 
 of mineral. Formerly many locations were made to hold ground 
 containing springs, or good for grazing, power-sites, timber, etc. 
 Under the present rigid field examination before approving the 
 entry for patent, such 'bluff' locations cannot be patented, though 
 they may remain as locations until the interests of public policy 
 or the protest of some one with a better right to the land causes 
 their removal. 
 
CHAPTER IV 
 Who May Make Locations 
 
 Section 2319 of the Revised Statutes says that locations may- 
 be made and patents obtained "by citizens of the United States 
 and those who have declared their intention to become such." 
 It would be inferred from this that an alien could not make 
 or be protected in a mineral location, but the consensus of opinion 
 is that he can make a location and will be protected against 
 all except the United States. The United States can be expected 
 not to dispossess an alien of his location, except for some other 
 vital reason, but no alien can be a party to an application for 
 mineral patent for the reason that with the application is 
 required a proof of citizenship. Beyond this, his rights will 
 practically be unquestioned, with the possible exception of where 
 they are curtailed by State statutes, or where he stands as an 
 adverse claimant in a suit against a patent application. An 
 alien who has located a claim may, by declaring his intention 
 of becoming a citizen, have his rights dated back to the time 
 of the location. An alien may purchase or sell a location or 
 a patented claim without anticipating trouble. 
 
 A corporation chartered in the United States may make mining 
 locations the same as an individual, the corporation being con- 
 sidered as a single individual. Foreign corporations, those 
 organized outside of the United States, are aliens, and if they 
 have rights, they are even less than those of the individual 
 alien. 
 
 Married and single women, minors, and even infants, may 
 locate claims or have claims located for them. A location may 
 be made by an agent who has been authorized to do so, or 
 an unauthorized location may be subsequently accepted and 
 ratified. The authorization and ratification may be verbal. An 
 unauthorized, unratified location is of a questionable nature. 
 38 
 
WHO MAY MAKE LOCATIONS 39 
 
 By an Act of Congress all officers, clerks, and employees of 
 the General Land Office are prohibited from becoming directly 
 or indirectly interested in the entry or purchase of public land. 
 Subsequent circulars and decisions of the Land Department are 
 to the effect that this prohibition includes all persons under 
 the control of the Commissioner of the General Land Office, 
 embracing the Land Office at Washington and the local land offices, 
 the surveyors-general and their employees, including deputy 
 mineral surveyors and deputy land surveyors while under con- 
 tract. It appears that the location of a mining claim or the 
 filing upon public land by one of these employees, or by their 
 wives, will, if brought to the attention of the Land Department, 
 result in the dismissal of the employee. In some cases the 
 public-land filings of these employees have been canceled. The 
 Land Department has always required that the name of any 
 of its employees be removed from any application for mineral 
 patent, but it has never passed on a location made by one of 
 its employees. A Utah court, in one instance, and a Federal 
 court in another, held that a location by a deputy mineral 
 surveyor was void, while a Nevada court held that such a loca- 
 tion was valid on the undoubtedly erroneously conclusion that 
 a deputy mineral surveyor was not a Land Department employee. 
 It is believed that the courts will generally hold such locations 
 invalid, except where necessary to protect innocent purchasers. 
 
CHAPTER V 
 Lode Location — Discovery 
 
 R. S., Sec. 2320. * * * No location of a mining claim 
 shall be made until the discovery of the vein or lode 
 within the limits of the claim located. * * * 
 
 The first essential in locating a lode claim is a 'discovery'. 
 What is a discovery can only he defined in a general way. It 
 must be rock in place, fixed, immovable. Float, the segregated 
 portions of a blowout, or a detached part of a vein, will not 
 constitute a discovery. Mineralization and boundaries are the 
 other requirements. The amount of mineral required varies, in 
 some cases may be nil. In a deposit having a general mineral- 
 ization, without walls, vein formation, or enclosing rock, such 
 as some porphyry copper deposits, appreciable mineralization is 
 necessary to lead to the inference that the deposit may become 
 workable. Where there is a well defined fissure, contact, vein, 
 or belt which has been formed or changed so as to warrant the 
 belief that payable mineral will be met with by following the 
 lead, vein, or lode, but little or no mineralization may be re- 
 quired. It has been generally held by the Land Department, 
 and by many of the courts, that "a valid location of a mining 
 claim may be made whenever the prospector has discovered any 
 indications of mineral, so that he is willing to spend his time 
 and money following it with the expectation of finding ore." 
 This holding of some of the courts, where the question of dis- 
 covery is involved, that anything is a lode which a miner would 
 be willing or justified in following in the expectation of finding 
 ore, appears to be a proper definition of the term lode as used 
 in connection with mining law. It may be further noted that 
 lode, vein, lead, or ledge have the same meaning in mining law, 
 but that the term lode is more comprehensive, and, being a more 
 suitable term for deposits of vein character which may not 
 40 
 
DISCOVERY 41 
 
 strictly be veins as understood by miners and geologists, should 
 be generally used. 
 
 The evidence required for a discovery varies greatly with the 
 conditions. Between rival locators of a claim, slight evidence 
 is required on the part of the first discoverer, especially if he 
 is the prior claimant. Likewise, but slight evidence is required 
 to satisfy the law in case of application for patent, especially 
 where the application is bona fide in every respect. The dis- 
 covery of a contact -between igneous and other rock, such as 
 between granite and limestone or quartzite, or a contact along 
 a dike, may be sufficient to justify the miner in tunneling or 
 sinking on the contact in the expectation of finding ore. Or a 
 change from an altered country rock to a silicified rock with 
 a slight but definite mineralization, may encourage the miner 
 by indicating that he is near an orebody or in a zone which has 
 been subject to the conditions under which veins and ore deposits 
 are formed. But while there are no hard and fast rules or 
 technical requirements as to what does or does not constitute 
 a vein or lode, every mineral stain, crevice, alteration, or silici- 
 fication cannot be taken as a discovery. There must be some 
 logical reason, something beyond a mere hope or unwarranted 
 belief, for assuming that payable ore may eventually be found. 
 However, this need not be based upon the opinions of expert 
 miners and geologists. The evidence required to support a lode 
 discovery in a placer claim, or against an agricultural entry, 
 is much greater, and in the latter case becomes to a large extent 
 a question of comparative value, in which the border line be- 
 tween what constitutes a valid mineral discovery and for what 
 is the land most valuable, cannot be distinguished. In these 
 cases a heavy burden of proof rests on the second claimant in 
 trying to dispossess the first entryman. 
 
 Despite the fact that there is no question but that a location 
 is not valid unless based on a mineral discovery within the lines 
 and on the actual ground of the claim, a large number of loca- 
 tions are made without a mineral discovery, and this in the 
 face of the further fact that such a discovery can be made on 
 most locations by some prospecting and effort. Many lode claims 
 are located for legitimate mining purposes upon ground which 
 
42 MINING LAW 
 
 it is not intended to develop as contemplated by the lode-claim 
 laws, but which are taken up in addition to the actual mineral 
 area which it is intended to develop, for the timber, for millsite 
 and townsite purposes, or for protection. An attempt should 
 be made to have a mineral discovery upon each of these claims. 
 Often they can be located so as to include such a discovery. 
 In locating a claim, it is expected, should the ground eventually 
 be thought valuable, that patent will be obtained for it. The 
 Government has recently inaugurated the practice of having 
 the ground of all applications for mining patent examined by a 
 mineral examiner of the Field Service of the General Land 
 Office, and if within a Forest Reserve, by a representative of 
 the Forest Service also. While these examiners may not neces- 
 sarily question the sufficiency of the mineral discovery on the 
 ground of every bona fide mining claim which does not appear 
 to be more valuable for some other purpose, they will usually 
 require strong evidence of a discovery on claims that appear 
 to be more valuable for other purposes than mineral development 
 and mining. 
 
 If the discovery is made within the lines of the location, but 
 upon ground which overlaps and is claimed by a prior or senior 
 locator, the newer or junior location is invalid, inasmuch as it 
 has no discovery. The finding of a mineral discovery upon 
 the ground actually claimed by the junior location, or the appro- 
 priation of the conflicting ground of the senior location after 
 it has been abandoned or become forfeitable by failure to do 
 the annual or assessment work, and the adoption of the mineral 
 discovery thereon, will validate the junior location. 
 
 The mineral discovery may be anywhere upon the actual ground 
 of the claim and not necessarily in the discovery shaft or on 
 the centre line of the claim, except where State statutes might 
 attempt to require it. The discovery may be made any time 
 after the location is made, so long as it is before the discovery 
 of any rival locator. 
 
 The position of a locator attempting to hold a location without 
 a mineral discovery cannot be fully defined. The locator is 
 entitled to be protected in his occupation of the ground, espe- 
 cially while trying in good faith to make a mineral discovery. 
 
DISCOVERY 43 
 
 Under the law, other locators are also entitled to go upon the 
 ground, so long as it can be done peaceably and without inter- 
 fering with the first claimant, and under such conditions to 
 attempt to make a discovery. In the case of these rival claim- 
 ants, the claim goes to the one making a discovery first. Usually, 
 miners will not interfere, and the courts will be lenient, so far 
 as they are able to be so, where the claimant is working in 
 good faith to develop mineral ; but it must always be remembered 
 that the Statute is clear and specific, and fully supported by 
 court decisions, in saying that a location is not valid until a 
 discovery is made. The locator need not be the first to find or 
 uncover the mineral discovery; he may appropriate any suffi- 
 ciently strong indication of the proximity of valuable mineral 
 deposits or any exposed lode, whether it has been revealed by 
 nature or man. After patent is issued, the patent cannot be 
 attacked on grounds of no mineral discovery. 
 
CHAPTER VI 
 Lode Location — Discovery Work 
 
 The difference between the mineral discovery, the discovery 
 work or discovery shaft, and the discovery or location point, 
 stake, or monument often spoken of as 'the discovery,' should 
 be clearly understood. The mineral discovery is the actual dis- 
 covery of mineral required to validate a claim according to the 
 Statute, as explained in the previous chapter. The discovery 
 work or shaft is work required by the statutes of certain States 
 in connection with the making of a location, as will be explained 
 in this chapter. The discovery or location point, stake, or mon- 
 ument, 'the discovery,' is what has become a technicality in 
 connection with the locating and patenting of a lode claim. 
 
 It was originally presumed that when the miner made a min- 
 eral discovery or found a vein, he would erect alongside of it 
 a discovery or location stake or monument, on which he would 
 place a location notice claiming so many feet in each direction 
 along the lode 'from this discovery', and so many feet on each 
 side, and would subsequently sink a shaft or perform other work 
 upon the mineral at this point, which work would be known as 
 the discovery shaft, though the term discovery work would be 
 more applicable, since the work may be a cut or tunnel instead 
 of a shaft. In this way 'the discovery' containing the mineral 
 discovery, the location monument, and the discovery shaft or 
 work, became a point on the centre or lode line of the claim 
 from which the claim could be measured in all directions. In 
 taking up claims side by side, or fractions of claims open to 
 location, it was of course impossible to find a vein, lode, or 
 mineral at each of the desired points to place the location mon- 
 ument claiming the maximum amount of ground. This led to 
 the placing of a location or so-called discovery stake or mon- 
 ument at any point required in the course of blocking out the 
 44 
 
DISCOVERY WORK 45 
 
 claim, and assuming the centre line of the claim passing through 
 this monument as a theoretical lode or lode line. To give color 
 to this form of locating, the discovery work is sometimes per- 
 formed at the location stake, even though the mineral is else- 
 where. This is the plan pursued when there is no mineral on 
 the claim. While there is no real sanction in the law for this 
 method of locating and presuming a lode where none exists, 
 it has become a custom, largely perhaps because in surveying 
 and platting a claim for patent it is always required that a 
 discovery post be placed on the centre line of the claim and 
 this centre line be considered as a lode. The best example of 
 this is seen in examining the plat of a group of claims which 
 have been patented. Bach claim is shown with a 'discovery' 
 on the centre or theoretical lode line of the claim. In the field 
 will be found a post or monument at the represented discovery, 
 and often a small shaft, but, in the majority of cases, no mineral. 
 
 The mineral discovery and discovery work or shaft may be 
 anywhere about the claim and not necessarily at a location 
 stake on the centre line, except where State statutes attempt 
 to require it. Such a requirement of what under the present 
 conditions is inconsistent and almost impossible in the majority 
 of cases, is of doubtful propriety and has been a source of con- ' 
 fusion. 
 
 The Federal Statutes and Land Department regulations re- 
 quire no development work in the process of locating a claim, 
 but the statutes of all States do, except in California, Utah, and 
 Alaska, in which no such work need be done. This is the dis- 
 covery shaft or discovery work. Colorado, Montana, Idaho, North 
 Dakota, Oregon, South Dakota, and Wyoming allow sixty days 
 from date of location in which to perform the discovery work. 
 Arizona, Nevada, New Mexico, and Washington allow ninety 
 days. The statutes of those States requiring discovery work, 
 except Arizona, are uniform in stating that the shaft shall be 
 ten feet deep from the lowest part of the collar or rim at 
 the surface, or that an equivalent amount of work shall be done, 
 such as a cut or tunnel equal to such a shaft having a 4 by 4- 
 ft. or a 4 by 6-ft. area, and usually requiring that the shaft 
 or equivalent work cut the vein or lode ten feet or more below 
 
46 MINING LAW 
 
 the surface. It is immaterial if the work is performed within 
 the required time or afterward, provided no other and adverse 
 location of the claim is made after the expiration of the stat- 
 utory time and before the completion of the work. The statutes 
 of the particular State should be examined. Each claim must 
 have its own discovery work. The work may be performed by 
 extending the previous work of an abandoning or forfeiting 
 owner. There is no relation between discovery work and assess- 
 ment work; each is to meet a separate requirement. The dis- 
 covery work is entirely applicable toward the assessment only 
 when performed within the year following the initial steps of 
 location, but may be applied on the $500 expenditure for patent 
 purposes at any time. 
 
CHAPTER VII 
 Lode Location — Location Notice 
 
 The miner contemplating making a location, may find three 
 distinct but usually more or less allied conditions. He may 
 find an area in which the formation and rock exposures indicate 
 to his experienced eye the likelihood of ore deposits, and within 
 which area he wishes to have the privilege of prospecting until 
 he can determine just what ground he wants. He may find a 
 mineral discovery or vein and wish to locate it, or he may want 
 to take up a certain area left open by other locators. 
 
 In the first case, the miner having found a likely spot to pros 
 pect, has some right to have the ground reserved for his location 
 pending his efforts to make a discovery, lay out his claim, and 
 erect the stakes. This right, which is granted by custom and 
 a sense of equity, and not by any Federal or State statute or 
 regulation, can only be contingent upon actual possession and 
 exploration of a small area of ground during the period usually 
 allowed to complete a location, which in some States may be 
 as long as ninety days. To further strengthen this right, a 
 notice should be posted stating that the right to prospect the 
 ground and perfect a location within the statutory length of 
 time is claimed. 
 
 In the secojid case, the miner having made a discovery by 
 finding the outcrop of a vein or other signs of a lode, for the 
 purpose of holding the same until he can determine the course 
 of the vein, decide what ground he wants, and place his corner 
 stakes, may erect a post or monument of stones and place upon 
 it a notice stating that he has appropriated the lode. Such a 
 notice may read: 
 
 Having discovered this lode, I claim 1500 ft. of it in 
 length, 300 ft. on each side, and the full length of time 
 for perfecting location. 
 
 John D. Steange. 
 May 19, 1910. 
 
 47 
 
48 MINING LAW 
 
 This notice may be made longer and more complete, and again 
 it is not necessitated by any Federal Act or regulation, though 
 State statutes may require it. However, it is the best method 
 of holding the ground until the location can be perfected, and 
 one that the courts are bound to recognize and protect, for the 
 reason that it is based on an actual mineral discovery. While 
 the above notice presumes that the 1500 ft. will be measured 
 along the general course of the vein, in reality, in most cases, 
 the claim can be swung about the discovery in any direction. 
 Generally such a notice would cause other locators to keep 1500 
 ft. in all directions from the discovery, though the courts, under 
 a strict construction, would allow only 750 ft. in each direction 
 along the vein or lode line, unless the notice claimed the 1500 
 ft. differently. The above location claims the maximum area of 
 ground; less can be taken if desired. 
 
 Having made a discovery and placed a discovery or location 
 post or monument, either with or without the above preliminary 
 location notice, the next step is to trace the apparent course 
 of the vein and decide what ground is wanted. After this, the 
 miner should stake his claim by placing posts or monuments 
 to mark its position and boundaries, sink a discovery shaft if 
 required by State statutes or district rules, and place his loca- 
 tion notice upon the ground and record the same with the county 
 recorder of the county within which the claim lies, and also 
 with the mining district recorder where there is one. 
 
 The notice last spoken of is the real location notice. The 
 Federal Statutes do not require a location notice to be prepared, 
 placed on the ground, or recorded, though most of the State 
 statutes do. Nevertheless, the use of the location notice or 
 certificate and the recording of the same has become so universal 
 that custom has almost made it mandatory, even in the face of 
 the ruling of the courts that it is not required in the absence 
 of State statutes or district rules to that effect. Utah and Cali- 
 fornia allow thirty days from date of location within which to 
 record the location notice. Montana, North Dakota, Oregon, 
 South Dakota, and Wyoming allow sixty days. Alaska, Arizona, 
 Colorado, Idaho, Nevada, New Mexico, and Washington allow 
 ninety days to three months. The location notice posted upon 
 
LOCATION NOTICE 49 
 
 the claim needs be a simple notice only, claiming the lode with- 
 out details, except where State statutes direct more; but the 
 notice filed for record must be more complete, in accordance 
 with section 2324 of the Revised Statutes, which says, "all rec- 
 ords of mining claims hereafter made shall contain the name 
 or names of the locators, the date of the location, and such a 
 description of the claim or claims located by reference to some 
 natural object or permanent monument as will identify the 
 claim." The best practice is to word the location notice placed 
 upon the ground the same as the one filed for record. The one 
 filed should contain all the information required by the Federal 
 and State statutes and district rules. The location of the claim 
 and its boundaries should be described as fully as possible, so 
 that it may be easily found and distinguished. It has been 
 held that the requirement that the claim be "located by refer- 
 ence to some natural object or permanent monument as will 
 identify the claim" is met by the claim corner posts or monu- 
 ments. But the Statute undoubtedly means some more perma- 
 nent, striking, and immovable monument, and in consequence the 
 claim should be tied to, or located by, some easily identified or 
 well known object. Legal verbiage and provisos in the location 
 certificate should be dispensed with, for it cannot be understood 
 how any greater rights or privileges can be obtained than those 
 given by the simple statement that the ground is located as 
 a lode mining claim. The requirements of all the State statutes 
 have been gathered into the following list: 
 
 1. Name of lode or claim. 
 
 2. Name or names of locators. 
 
 3. Date of location. 
 
 4. Length of claim on each side of discovery or location mon- 
 ument. 
 
 5. Width of claim on each side of lode or centre line. 
 
 6. Course of lode or centre line. 
 
 7. Reference to natural object or permanent monument as 
 will identify the claim. 
 
 8. Location and description of each corner. 
 
 9. Name of mining district, county, and State. 
 
 10. Intention to locate as a mining claim (New Mexico only). 
 
50 
 
 MINING LAW 
 
 11. Affidavit of citizenship, familiarity with the ground, and 
 that none is claimed adversely, and that discovery work has 
 been performed (Idaho only). 
 
 12. Distance and direction from discovery monument to nat- 
 ural object or permanent monument (Idaho only). 
 
 13. Verify location notice as an affidavit (Montana only). 
 
 14. Dimensions and location of discovery work (Nevada only). 
 
 15. Affidavit of performance of the discovery work (Oregon 
 only). 
 
 16. Reference to quarter-section or section corner, if upon sur- 
 veyed land (Wyoming only). 
 
 The following is a good, brief, but comprehensive form of a 
 location certificate, and contains the first nine requirements, to 
 which should be added any of the additional seven requirements 
 which may be necessary. Fig. 3 is a diagram of the claim. 
 
 » Cor. No. I 
 
 Cor. No. 3 Cor. No, Z 
 
 Fig. 3. LODE MINING CLAIM LOCATION 
 
 I have this tenth day of July, 1910, located the Ex- 
 chequer Lode Mining Claim on this ground, claiming 1500 
 ft. in length along an easterly and westerly lode line 
 through this discovery, and 300 ft. on each side of same, 
 as follows: 
 
 Beginning at this discovery point and monument, and 
 running easterly 500 ft. along lode or centre line to the 
 east centre end-line stake — Corner No. 1 — , thence south- 
 erly 300 ft. to the southeast corner stake — Corner No. 2 — , 
 thence 1500 ft. westerly to the southwest corner stake — 
 Corner No. 3 — , thence 300 ft. northerly to the west centre 
 end-line stake — Corner No. 4 — , which is 1000 ft. westerly 
 along the lode or centre line from discovery, thence 300 
 ft. northerly to the northwest corner stake — Corner No. 
 
LOCATION NOTICE 51 
 
 5 — , thence 1500 ft. easterly to the northeast corner stake 
 — Corner No. 6 — , thence 300 ft. southerly to the east 
 centre end-line stake — Corner No. 1; all corners being 
 wood posts set in stone monuments, and inscribed with 
 name of this claim and their number and position. 
 
 This claim lies about one-half mile south of the Horace 
 Greeley claim, survey No. 4876, and on the north side of 
 Red Mountain near its foot, in the Calico Peak Mining 
 District, San Bernardino County, California. It joins on 
 the west end-line of the May Day claim, and on the north 
 side-line of the Greenwater. 
 
 John D. Strange, Locator. 
 
 The location notice may be written on a post or blazed tree. 
 It may be written on a board or paper and tacked to a post 
 or tree. The notice has even been folded and placed, with a 
 corner projecting, between two flat stones at the top of a stone 
 monument. The better way is to put the notice in a box, or 
 in a bottle or tin can turned upside down to prevent entrance 
 of rain, and set in a conspicuous place in the rock monument. 
 If a post is used, the can should be nailed to the post in an 
 upside-down position. If the location notice is once properly 
 posted and proof of that fact can be made, the locator cannot 
 be made to suffer on account of the disappearance of the notice. 
 Hence the advisability of having a witness to the location and 
 his signature attached to the certificate filed for record. 
 
CHAPTER VIII 
 Lode Location — Laying Out and Staking 
 
 Before 1866 the length and width of lode claims was not uni- 
 form. The Act of Congress of 1866 limited the location of a 
 single locator to 200 ft. in length along the lode, and to an 
 unspecified width to he fixed by local rules, while a consolidated 
 single claim of an association of persons was limited to 3000 
 ft. along the lode. This will explain the long, narrow shape 
 of the older patented claims. 
 
 The Act of 1872 regulates the present maximum size of claims 
 as follows: "shall not exceed 1500 ft. in length along the vein 
 or lode" and "no claim shall extend more than 300 ft. on each 
 side of the middle of the vein at the surface" (R. S., sec. 2320). 
 Most of the small and narrow claims located but not patented 
 before the passage of this Act were subsequently amended to 
 take in the maximum area. The statutes of Colorado, North 
 Dakota, and South Dakota prescribe a smaller area than the 
 Federal Statutes (see Appendix A). It was the intent of the 
 law to give each location only 1500 ft. in length along the out- 
 crop of the vein or lode and 300 ft. on each side, that a centre 
 line parallel to the length of the claim and dividing it into 
 two equal parts should correspond with the outcrop of the 
 vein or lode, but as this is rarely if ever possible, the centre 
 line or presumed 'middle of the vein at surface' is and will 
 be considered as a theoretical lode line. The size and shape 
 of lode claims may be said to be contained in the following: 
 (1) the lode or centre line may not be more than 1500 ft. in 
 length; (2) side lines may not be more than 300 ft. distant 
 at right angles from the lode line or its prolongation. Adher- 
 ence to these two rules makes 20.66 acres the maximum area 
 of a claim. The side lines need not be parallel, but it is prefera- 
 ble to have them so. End lines should be straight, parallel to 
 52 
 
LAYING OUT AND STAKING 
 
 53 
 
 each other, and have substantial existence, 
 not be arbitrarily irregular or zigzag. 
 
 Lode lines should 
 
 tsoo' 
 
 
 
 0) 
 
 Ou+crop cf vein 
 
 ^>'ftr-fti& 
 
 o 
 
 o 
 
 0. 
 
 t$oo' 
 
 
 Pig. 4 
 
 Fig. 4 is an ideally laid out claim, being a perfect rectangle 
 with side lines 1500 ft. long and end lines 600 ft. in length, and 
 appropriating 1500 ft. in length along the outcrop of the vein 
 and 300 ft. on each side, as contemplated by the law. 
 
 Fig. 5 
 
 Fig. 6 
 
 Fig. 7 
 
 Fig. 8 
 
 Fig. 5, 6, 7, and 8 represent valid locations, as they do not 
 claim more than 1500 ft. along the lode line, nor over 300 ft. 
 at right angles from the lode line or its prolongation; also, the 
 
54 
 
 MINING LAW 
 
 end lines are parallel. Fig. 9 presents an interesting problem, 
 in that, while in conformity with the law, and claims of this 
 shape have been patented, it may allow over 3000 ft. of a lode 
 to be taken. The principle is still further stretched in Fig. 10. 
 
 isoo' 
 
 Fig. 9 
 
 Fig. 10 
 
 Fig. 11 
 
 It is said that claims of this shape have been patented. By 
 still further stretching the point, as shown by Fig. 11, it would 
 be possible to claim over a mile of a lode in one location. The 
 question comes, where should this method cease? It would be 
 a hardship to require that the end lines be at right angles to 
 the lode line, but it seems desirable that the pushing of the 
 claim out of a rectangular shape should cease with Fig. 9, 
 where, if carried any further, a line at right angles through the 
 lode line could not be made to touch or cut both side lines. 
 Patent may possibly be allowed on claims shaped as in Fig. 10, 
 but it is advisable to take no chances. Claims shaped as in 
 Fig. 11, with the line or out.crop of the actual lode indetermin- 
 able, so that the locator could not be held to only 1500 ft. of 
 
LAYING OUT AND STAKING 55 
 
 the actual lode, would undoubtedly be refused patent by the 
 Land Department on grounds that such claims were against 
 the intent of the Statute and good public policy. 
 
 Section 2320 of the Revised Statutes says, "the end lines of 
 each claim shall be parallel to each other." The Land Depart- 
 ment rigidly enforces the above rule when claims are surveyed 
 for patent. The necessity of making the end lines parallel 
 arises in the attempt to preserve the apex or extralateral right 
 to follow the vein on its dip out of the bounding lines of 
 the claim; such rights being limited by the Statutes to that 
 part of the vein lying within the prolongation of the end lines 
 on the surface when extended vertically downward toward the 
 centre of the earth. Should these end lines converge toward or 
 diverge from each other, the locator would, as depth was at- 
 tained on the vein, obtain less (Pig. 12) or more. (Fig. 13) than 
 
 Vtt'/j Omcrojo 
 
 I 
 
 I 
 
 / Vein Outero/9 \ 
 
 / 1 \ 
 
 /f/oex Right 
 
 Fig. 13 
 
 ^sn Right 
 
 Pig. 12 
 
 his rightful portion. Consequently, if the end lines are not par- 
 allel, apex or extralateral rights are not allowed. This also 
 explains the reason for making the end lines straight and un- 
 broken, for were they otherwise the apex rights could not be 
 determined. Where the vein passes into the claim and out 
 through the side lines, instead of the end lines, the side lines 
 become the end lines for extralateral right purposes. If these 
 side lines are parallel, extralateral rights will be allowed. If 
 not parallel, no such rights will be permitted. Consequently, 
 the side lines should be made parallel, even though the law does 
 not require it. 
 
 The Land Department has ruled that an end line a few inches 
 
56 MINING LAW 
 
 long will not be acceptable, but that end lines must have some 
 substantial existence. Locations without parallel end lines, or 
 where one of the end lines does not exist by reason of the claim 
 being located in a triangular shape, are not valid; locators will 
 be allowed to make amended locations to comply with the law. 
 Patent has been refused upon claims surveyed in an irregular 
 and zigzag shape, on the ground that it was an attempt to 
 fiuit the convenience and desires of the locator, and not- in 
 comport with good public policy or the rights of others. In 
 general, lode claims should be laid out in the shape of a paral- 
 lelogram, preferably a rectangle claiming the maximum length 
 of 1500 ft. along the lode or centre line and 300 ft. on each side 
 of it. Where the corner-posts cannot be placed on unlocated 
 or unclaimed public domain, they may be placed upon the ground 
 of other claims or other entries than for mineral, whether pat- 
 ented or unpatented. Corner stakes may be placed upon the 
 ground of others for the purpose of making the end lines par- 
 allel and taking in all the unoccupied ground, but it is pre- 
 sumed that no more already occupied ground will be blanketed 
 or embraced within the lines of the newer or junior claim than 
 necessary. While no right is acquired in this way to ground 
 already located or entered, it is customary to locate a full-size 
 claim or one as large as can be made with propriety, that in 
 case the claimant of the older or senior location should fail 
 to do his assessment work and the claim thereby become for- 
 feitable, the ground in conflict or overlap could be included 
 within the junior claim. The decisions of the courts are con- 
 flicting as to whether a junior locator acquires the overlap as 
 soon as the senior location becomes forfeitable through failure 
 to do the annual or assessment work, or is abandaned. The 
 better view, and the one last announced by the U. S. Supreme 
 Court, is that, as the junior location when made did not include 
 the overlap, it can only include it by an amended location made 
 for that purpose, after the overlap is open to location, and 
 that, if such an amended location is not made, the senior locator 
 may resume work, or other parties may relocate the senior claim 
 including the overlap. When patent is being obtained for a 
 claim, the applicant gets all the ground within his lines which 
 
LAYING OUT AND STAKING 57 
 
 has not already been formally filed upon, entered, or patented, 
 which is not specifically rejected in his applicaton, or for which 
 adverse proceedings have not been commenced and carried to 
 a successful culmination by other claimants; consequently, the 
 location of a junior claim applying for patent will take the 
 overlap with a senior unpatented location, unless the senior 
 location adverses the application for patent of the junior loca- 
 tion to the extent of the conflict. 
 
 The proper way to locate a fraction of a claim is to make 
 a location based upon a mineral discovery on the fraction or 
 ground to be actually claimed, and then lay out a claim as if 
 on unoccupied public domain, if it can be peaceably done; such 
 a claim to be sufficiently large to embrace all of the fraction 
 or fractions, since segregated pieces of ground may be included 
 within the boundaries of one claim. The discovery shaft and 
 location stake must be upon the ground actually claimed, the 
 same as the mineral discovery. It is immaterial at what point 
 on the lode or centre line the discovery or location stake is 
 placed, it may be at either end or farther within the claim. 
 The mineral discovery and discovery shaft or work need not 
 be on the lode or centre line or at the location stake. They 
 may be anywhere within the claim, except where State statutes 
 may attempt to require them to be at the location or discovery 
 stake. 
 
 While the law clearly contemplated making locations of a 
 rectangular shape, taking in not more than 1500 ft. in length 
 of a vein and 300 ft. on each side, and that the locator would 
 confine himself to a few locations along well defined veins, 
 this was based on the ideas of former days when the lode was 
 the main object; in the actual practice today, giving surface 
 area the most importance, locations are quite often made in 
 groups, aiming to take in a certain area of ground supposed 
 to be mineralized. As far as practicable, the mineral discovery 
 should be upon the centre or lode line of the claim; this centre 
 or lode line should also closely correspond with the actual out- 
 crop of the vein or lode, when possible. A few court decisions 
 are to the effect that a lode location cannot claim more than 
 300 ft. on each side of the middle of the vein at the surface, 
 
58 MINING LAW 
 
 as the Statute reads, and that consequently all ground more 
 than 300 ft. from the vein outcrop is excess area to be deducted 
 from the location. In one case where the vein crossed both 
 side lines, it was held that the side lines became the end lines 
 and that the location was invalid beyond 300 ft. on each side 
 of the vein at the surface. This conception is against almost 
 every idea and condition that prevails in mining today, and 
 its enforcement would be productive of endless harm and con- 
 fusion; the courts do not generally hold to it. The miner now 
 asks, shall he, in locating a group to take up a certain area 
 of ground, locate the claims so that the centre or lode line of 
 each claim corresponds with a supposed vein outcrop and con- 
 tains a mineral discovery, no matter how heterogeneously and 
 conflictingly the claims lie or how inordinate in number they 
 are; or shall he block them out regularly, even though all the 
 centre or lode lines do not correspond with vein outcrops and 
 there is not a mineral discovery on every centre or lode line? 
 It would appear that the claim on the principal mineralization, 
 the claim that is the nucleus of the group, or a single claim, 
 had best be located according to the theory of the Statute when 
 possible, but that the other claims should be blocked out reg- 
 ularly; at least, that is the manner in which it is invariably 
 done in practice. After patent the question of having the lode 
 or centre line correspond to the vein outcrop cannot be raised. 
 Having decided upon the ground which he wishes to hold, 
 the miner should next determine how he can locate it to the 
 best advantage. This means how he can cover the most valuable 
 ground with the least number of locations, so that he need not 
 do an inordinate amount of assessment work yearly; how he 
 shall place them so that his assessment work done at an ad- 
 vantageous place or on a good-looking vein or mineralization 
 may tend to benefit all the claims according to the requirements 
 of assessment work, and later to benefit them for patent pur- 
 poses; how he can manage to have a mineral discovery on each 
 claim sufficient to prevent being dispossessed on that score; and 
 how he can obtain the most advantageous extralateral rights. 
 In this determination the miner can only be guided by his 
 
LAYING OUT AND STAKING 
 
 59 
 
 familiarity with the laws and regulations, and the specific con- 
 ditions under which he finds himself. 
 
 Discovery 
 
 
 Plan 
 
 Cross Section 
 Fig. 14 
 
 Pig. 14 is a concrete illustration of a condition that often 
 arises. The miner, having found a lode at the point marked 
 'Discovery' on B, locates three claims along it. On A he un- 
 covers the lode by a little digging, and validates that claim. 
 B is validated by its discovery, but G, being low dqwn on the 
 creek and covered with deep soil, has no discovery. To develop 
 his lode, the miner starts a tunnel on the extreme end of B 
 as shown, and within a short distance cuts the vein. The work 
 done in the tunnel probably might not be allowed as assessment 
 work on C if questioned in court, and certainly would not be 
 accepted for patent purposes on C, as it does not tend to de- 
 velop that claim. Consequently the miner would have to spend 
 $500 upon the ground of C before it could be patented. By push- 
 ing the claims ahead 150 feet, as shown by the dotted lines, 
 the tunnel would be started upon C and a mineral discovery 
 made to validate that claim, while $500 worth of the tunnel 
 would be on C and sufficient to patent it. 
 
 "The location must be distinctly marked on the ground so 
 that its boundaries can be readily traced" (R. S., sec. 2324). 
 This is mandatory and a most important thing — as important 
 as a mineral discovery, and usually more so. For marking the 
 location upon the ground, stakes or monuments should be placed, 
 besides at the discovery or location point, at each corner and 
 angle of the claim. Most locators place stakes at ' the centre 
 of each end line. Alaska, New Mexico, Utah, and California 
 
60 MINING LAW 
 
 have no statutes on special staking, consequently stakes at the 
 corners and angles are sufficient. Washington requires a monu- 
 ment placed at 'each corner.' The Montana statute states specifi- 
 cally that angles in addition to corners shall be staked, while the 
 Idaho statute says that "any angle in the side lines" must be 
 staked in addition to corners. Colorado, Nevada, and Wyoming 
 require centre side-line stakes in addition to corners. Arizona 
 and Oregon require centre end-line stakes as well as corners. 
 North Dakota and South Dakota require corners, centre side- 
 line stakes, and one at each end of the lode. The usual method 
 of staking or monumenting is to use stakes, preferably similar 
 to patent stakes by being three or four inches square, dressed, 
 and projecting three feet or more from the ground. Usually 
 they are undressed posts cut from saplings and placed in a 
 mound of earth and rock. Well blazed trees or squared sapling 
 stumps are good. Mounds of stone are also good, or a single 
 large boulder may be marked to indicate that it is a corner. 
 The statutes of each State should be consulted for their re- 
 quirements. The best monument consists of a pile of stone, 
 carefully laid up, earth being placed in the base to better hold 
 the rocks in position, while in the centre is placed a post three 
 or four inches square or in diameter, and five or six feet long. 
 Bach post should be blazed on a side facing the centre of the 
 claim and have written thereon by a hard lead-pencil or keel, 
 or have cut into it, the name of the claim and the position 
 and number of the corner, as 'Exchequer Lode Claim — South- 
 east Corner — Post No. 2.' The monuments of previous and 
 forfeiting locators may be adopted. The stakes of adjoining 
 locators may perhaps be employed by inscribing on the proper 
 side, but it is always best to insert a new stake in the pile of 
 rock, or in the absence of stakes to raise a new pile of rock as 
 near the other rock monument as possible. Where a post cannot 
 be set on account of inaccessibility or liability of removal, a 
 witness corner should be established on the line as near the 
 proper point as possible. Without doubt a witness corner placed 
 because the locator was forcibly prevented from placing his 
 corner on already claimed ground in his effort to get parallel 
 end lines, is sufficient when, in connection with the description 
 
LAYING OUT AND STAKING 61 
 
 in the location notice, it gives a clear understanding of the posi- 
 tion of the claim and the boundaries. Marking the lines by 
 blazes or brush-cutting is excellent. 
 
 When possible, it is well to tie in the corners by reference 
 in bearing and distance to some prominent object, monument, 
 or the corner of another claim. Certainly at least one such tie 
 should be made. To tie the claim to a section corner or other 
 land survey monument or a stake of a patented claim, is espe- 
 cially good; but outside of the knowledge of the exact location 
 of the claim, there is no greater benefit than a tie to any per- 
 manent object. The whole purpose in marking claims and tying 
 them to permanent objects is that a person may go upon the 
 ground, find the claim, and trace the boundaries. This is the 
 question to be determined when insufficiency of markings is 
 being litigated in the courts. The monuments and markings 
 in the field will control over the stated courses and distances 
 in the location notice when the two disagree. When the locator 
 has once placed his corners, he has satisfied the requirements; 
 he has at that time carved out and appropriated a part of the 
 public domain, to which he is entitled as long as his possessory 
 right holds good, whether the corners remain and are kept up, 
 or whether they disappear through the passing of time or the 
 agency of others. It can readily be understood that the corners 
 should be kept up to warn away other locators; also, the deputy 
 mineral surveyor, when surveying the claim for patent, is re- 
 quired to know that he is keeping within the boundaries of the 
 location by finding the corners or obtaining good proof of where 
 they existed. 
 
 In staking a claim the miner does not always traverse or run 
 the boundaries of his claim. An excellent method, when staking 
 without a surveyor, is to start from the discovery monument 
 and pace along the lode line the desired distance, guided by a 
 compass, if one is available, to the point where the centre end- 
 line stake is to be erected. Then from the centre end-line stake 
 pace off and place the corner stakes of that end line, returning 
 thence to the discovery monument and repeating in the other 
 direction, running the dotted lines as shown in Fig. 15. 
 
 Alaska, California, New Mexico, and Utah have no statutes on 
 
G2 
 
 MINING LAW 
 
 the time allowed to stake and mark boundaries, and it would 
 appear that the claim should be staked at once. The statutes of 
 Colorado, North Dakota, South Dakota, and Wyoming state that 
 the boundaries shall be marked before "filing location certificate," 
 the time for this filing being ninety days from date of location in 
 Colorado and sixty days from such date in the three remaining 
 States; consequently, that length of time is impliedly allowed 
 for marking the boundaries. Idaho allows ten days to stake, 
 Nevada allows twenty days, Montana and Oregon allow thirty 
 days, while Arizona and Washington give ninety days. It is 
 immaterial if the staking is not completed within the statutory 
 time, provided an adverse locaton is not made by others before 
 the staking is finished. 
 
 Fig. 15 
 
 A claim larger than that allowed by the Statute is not void, 
 except in case of fraud or a mistake of the grossest kind that 
 presumes fraud. Where the purpose was to make the claim of 
 the statutory size and the error occurred inadvertently, the claim 
 is only invalid to the extent of the excess. In the case of a 
 location notice calling for a stated number of feet in each 
 direction from the discovery or location stake, the bounds of 
 the valid claim can easily be determined by measuring off the 
 required distances in both directions along the lode line, and 
 undoubtedly the locator can be held to his description, though 
 in the absence of protests and adverse claimants he can elect 
 where the excess shall be deducted. Where the claim is not 
 laid out from a specified point, the lecator will have the right 
 in all ordinary cases to say from which part of the claim the 
 excess may be deducted. 
 
CHAPTER IX 
 
 Lode Location — Changing Boundaries, Amended Loca- 
 tion, Relocation 
 
 A locator may change his boundaries or the name of his 
 claim at any time, provided he does not interfere wth existing 
 rights. He may even swing his claim at right angles. However, 
 he should hold substantially to the same ground as before, and 
 if possible use the same discovery or location point. While it 
 is clear that the rights of others shall not be interfered with 
 in changing boundaries, it is not certain what would be the 
 result where a claim-owner, having done the amount of work 
 required for patent purposes upon his claim, should swing part 
 of his claim over upon the valuable locations of others and 
 immediately ask for patent, while the senior locators of the 
 ground now in conflict would fail to adverse through presuming 
 that the claim up for patent was still occupying its original 
 position, but would afterward discover their loss. The only re- 
 dress that appears would be to attempt to take the matter into 
 court asking that the patent owner be declared to hold the 
 conflict area in trust to be conveyed to the defrauded locators. 
 
 An amended location notice, not a relocation, should always 
 be placed upon the ground and recorded, when changing bound- 
 aries in any way. The difference between an amended location 
 and a relocation should be fully understood. An amended loca- 
 tion is made for the purpose of preserving all the desired righte 
 and privileges obtained by the original location, and any new 
 desired rights that can be lawfully obtained by amending the 
 original location. A relocation is a new location of the ground 
 of a former and abandoned or forfeited location. If the location 
 is made by the owner of the former location, it is technically 
 a waiver of all rights under the previous location. Still, the 
 exact rights under a relocation by the original locator or owner 
 
 63 
 
64 MINING LAW 
 
 are indeterminate, for both miners and courts hold that it has 
 some relation back to the original location, the strength of the 
 relation depending mainly upon whether any adverse claimant 
 or intervening location has come between the two locations. 
 
 By making a relocation instead of an amended location, the 
 value of any previous work is lost for patent purposes, possibly 
 excepting where it can be shown that the relocation is virtually 
 an amended location. Where a discovery shaft is required to 
 be sunk following the location, a relocation will require such 
 work to be done, whereas an amended location does not. The 
 amended location notice need not differ materially from the orig- 
 inal location notice, with the exception that it should state 
 clearly that it is an amending of the notice and preferably speci- 
 fying the particular changes. Such information may be con- 
 tained in the following, inserted as the final paragraph of 
 the notice: 
 
 This is an amended location made for the purpose of 
 adjusting the boundaries of the claim, etc. It is based 
 
 on the original location made , dating all rights 
 
 from the original location and waiving none obtained by 
 it and consistent with the present amended location. 
 
 Amended locations are made for the following purposes: (1) 
 To relinquish or acquire contiguous ground; (2) to relinquish 
 any excess area or take in the maximum area; (3) to acquire 
 the overlap of a prior or senior location now open to acquisition 
 through abandonment or failure to perform the annual labor; 
 (4) to make the courses and distances more exact or the lines 
 parallel; (5) to change the name of the claim; (6) to cure 
 minor defects in the location; (7) to add the names of new 
 locators. Dropping the names of old locators by an amended 
 notice or a relocation is unsafe. The relinquishment of each 
 name should be secured. An amended location may be treated 
 as an original location, but it cannot be used to acquire title 
 where the original location was void for some basic reason. For 
 instance, a location invalid because made on ground lawfully held 
 by prior locators, cannot be perfected by an amended location 
 made after the prior locators have abandoned the ground or 
 
AMENDED LOCATION— RELOCATION 65 
 
 allowed it to become forfeitable. In this case a new location, 
 a relocation — since it is of a claim located before — instead of 
 an amended location, must be made after the claim is open to 
 location; for a location to be good, must be good or have the 
 elements of being good when made. So also, amending cannot 
 date rights back to the original to cut out the intervening rights 
 of others lawfully acquired between the original and the amend- 
 ing location. But where a valid location has been made upon 
 a small area of ground, the location may be amended to take 
 in a large area of abandoned or forfeitable ground; or a claim 
 having the basic elements of a valid location and good faith, 
 may be amended to correct technical and other minor errors. 
 Properly, a former and forfeiting locator should have no right 
 to locate a claim that he is liable to lose through his failure 
 to perform the annual labor, since by repeated relocating he 
 is able to hold ground indefinitely without doing any develop- 
 ment or exploration work upon it, unless the State statutes 
 require discovery work. Section 2324 of the Revised Statutes 
 says that if the annual labor is not performed upon the claim, 
 as required by law, it "shall be open to relocation in the same 
 manner as if no location of the same had ever been made; pro- 
 vided, that the original locators, their heirs, assigns, or legal 
 representatives have not resumed work upon the claim after 
 failure and before such location." If the original locator or 
 owner relocates a claim and afterward goes to work upon it 
 before other and adverse locations are made, he, without doubt, 
 by resuming work, overcomes any illegality of his relocation 
 and perfects his title. But the status of the ground and his 
 rights when he merely makes a relocation and before doing any 
 work under the relocation, is doubtful. The Supreme Court of 
 Utah held that the Statute did not authorize discriminating be- 
 tween an original and a new locator, and consequently that a 
 man could relocate his ground that was forfeitable through fail- 
 ure to do the annual labor, just as a new locator. The question 
 as to whether a man may safely relocate his own claims has 
 not been sufficiently passed upon by the courts to permit an 
 authoritative answer. The opinion is that while such reloca- 
 tions may be voidable, they are not void. Most miners severely 
 
66 MINING LAW 
 
 condemn such locations, but generally do not try to overthrow 
 them. 
 
 The mining statutes of California state that the failure or 
 neglect of any locator of a mining claim to perform development 
 work of the character, in the manner, and within the time re- 
 quired by the laws of the United States, shall disqualify such 
 locators from relocating the ground embraced in the original 
 location or mining claim or any part thereof under the mining 
 laws, within three years after the date of the original location, 
 and any attempted location thereof by any of the original locat- 
 ors shall render such location void. 
 
CHAPTER X 
 Lode Location — Annual Labor 
 
 R. S., Sec. 2324: * * * On each claim located after 
 May 10, 1872, and until a patent has been issued there- 
 for, not less than $100 worth of labor shall be performed 
 or improvements made during each year. * * * 
 
 ACT OP CONGRESS: * * * The period within 
 which the work required to be done annually on all un- 
 patented mineral claims, shall commence on the first day 
 of January succeeding the date of location of such 
 claims. * * * 
 
 The 'annual', 'representation', or 'assessment' work required 
 by the above Statutes is one of the principles of the common law 
 of mining wherever found. It was originated by the miner that 
 each occupant of mineral ground might show his good faith by 
 doing something toward developing the ground, instead of hold- 
 ing large areas without exploration. Its wisdom has remained 
 unquestioned through all the ebb and flow of criticisms and pro- 
 posed changes of the mining law. State statutes or district rules 
 may require more than $100 worth of work, but they cannot fix 
 the amount at less. The first annual labor must be performed 
 in the calendar year following the calendar year in which the 
 location was made. Thus a claim located at 1 a.m. in the 
 morning of January 1, 1910, needs no annual labor during 1910, 
 but does require $100 worth of work during 1911. If a claim 
 be located in December 1910 and discovery work valued at $100 
 is commenced and completed in 1911, the discovery work answers 
 for the necessary annual labor for 1911. 
 
 The work may be performed upon the ground of the claim. 
 It may be performed off the claim, but upon a group of which 
 the claim in question is an allied member, or it may be performed 
 upon ground away from the claim and not included in the group. 
 In the first case, the wisdom or expediency of the improvement 
 
 67 
 
6S MINING LAW 
 
 cannot be questioned in court. In the latter two cases, the claim- 
 owner may be called upon to show that the work or improvement 
 was made in good faith and purposes to develop the claim in 
 question. Whether the work does or does not tend to develop 
 and benefit the claim, is a question of fact to be decided by 
 the jury. Such work as roads, trails, and cabins will usually 
 benefit all the claims. An improvement will benefit a distant 
 claim, if it can be shown that the improvement is part of a 
 rational development plan, which, when extended, will open up 
 and develop the ground of the distant claim. Where a single 
 or common improvement is being made for several claims, there 
 is no specific requirement that the claims be contiguous, but, 
 as in the case of an improvement made for a claim or group, 
 the work must aim to develop each claim. The different owners 
 of separate groups may unite without merging their ownerships, 
 to perform their annual labor in a common improvement which 
 will jointly develop and be of use for the several groups. 
 
 The nature of the work can best be expressed by stating that 
 it should directly or indirectly tend to develop the mineral con- 
 tents of the ground and facilitate its extraction therefrom. An- 
 nual labor and work for patent purposes have been held to be 
 similar, but there is a difference between them in extreme cases, 
 because a liberal construction has been placed upon what may 
 constitute annual labor, while the lines have been drawn tighter 
 by the Land Department in what may answer for patent work. 
 What is, or is not, assessment work, must be interpreted from 
 the decisions of the courts when such work has been called 
 into question. Excavations made in attempting to open up and 
 extract mineral are the best kind of annual labor. Excavations 
 of some size, such as cuts and pits made in prospecting, are 
 good, but when these are reduced in size to the holes dug by 
 the prospector as he follows the float or colors up a hillside to 
 a ledge or vein, they are not applicable. Apparently, works of 
 a permanent nature that leave some trace of themselves, and 
 especially that tend to directly' improve the claim, are required. 
 Wagon-roads and trails are applicable, where they are actually 
 necessary for the working of the claims. They may be either 
 on the claims or in the close vicinity. To make a building 
 
ANNUAL LABOR 69 
 
 erected on a mining claim applicable for annual labor, it must 
 have been placed there for the purpose of benefiting the claim 
 and for the improvement of the claim. An ore-house built on 
 a claim for the benefit of an adjoining claim was rejected as 
 annual labor for the claim upon which it stood. A house built 
 at a point 200 feet from the claim and subsequently removed, 
 was rejected, mainly because of the house having been removed. 
 
 The following has been rejected as annual labor: Work done 
 upon a claim that was not of a mining character and was 
 intended for other purposes; the expenditure of time and money 
 traveling about regarding matters connected with the mining 
 claim; the cost of reaching the claim; the sampling and testing 
 of rock; the hauling of material and supplies; the felling of 
 timber not used; the purchase of mining supplies which were 
 not used; the cost of groceries and household utensils. The 
 cost of tools purchased cannot be allowed, since they do not 
 become a part of the claim, but a proper charge for their use 
 or part use is correct. Likewise, the cost of hauling material 
 and supplies used, and the cost of groceries, may be indirectly 
 included in the annual labor when the extent to which they 
 benefit the claim is determined in the proper way. The wages 
 paid or allowed to a watchman whose services are necessary 
 to keep the tunnels and drifts open, buildings in repair and 
 from being burnt down, machinery from ruin, or ore from being 
 stolen where same would cave and destroy the workings of the 
 mine, are allowable where it is desired to keep the property in 
 repair to resume operations later. The wages paid a watchman 
 are allowable in those cases where the services of a watchman 
 will keep the improvements intact and from deterioration on 
 the same basis as money expended to create them anew. But 
 the wages of a watchman looking after a naked claim, or there 
 to warn away prospectors, or where it cannot be shown that 
 a watchman is needed, will not be allowed. 
 
 The miner who is actually trying in good faith to develop 
 the mineral resources of his ground is not liable to have his 
 work questioned. It is the one who is not trying to develop 
 his ground, but is frittering away the time he spends on 
 his claims and is relying on the supposed technicalities of the 
 
70 MINING LAW 
 
 law or the well known popular aversion to trying to prove 
 that a man has not done his annual labor, that is liable to 
 have his ground adversely located. 
 
 Annual labor is valued by what it is reasonably worth. If 
 the work is reasonably worth $100, the fact that it was per- 
 formed at a less cost is not derogatory. Whether the work has 
 been paid for or not is immaterial, just so it has been per- 
 formed. The work may be done by anyone interested in the 
 claim, or may be contributed by outside parties. When the 
 annual labor for a group is performed all upon one claim, it 
 is presumed that the work benefits that claim first and the 
 other claims in the order of their relation to the first claim 
 or relative benefit by the work. Thus, should the work be ques- 
 tioned in court and found insufficient to benefit all the claims, 
 it would be held that those claims most directly benefited should 
 take credit in the order of the benefit received until the allow- 
 ance was exhausted, thus rendering the more remotely benefited 
 claims forfeitable. The fact that $500 worth of improvements 
 have been made upon the claim gives no reason for not perform- 
 ing the annual labor. 
 
 Annual Labor Pending Patent Proceedings* 
 
 The process of patenting or obtaining the fee title to mining 
 claims held by location or possessory right may be divided into 
 three steps or stages. (1) The application to the surveyor- 
 general of the land district for an official patent survey, followed 
 by the field work of the deputy mineral surveyor, and it in 
 turn by the checking and the approval of the survey by the 
 surveyor-general and his official filing of the notes and plat. 
 (2) The filing of the approved survey with the local land office, 
 together with the application for mineral patent to the land 
 embraced in the survey, followed by all the various proceedings, 
 including opportunity to file adverse claims, as required by the 
 Land Department in its efforts to see that the laws are complied 
 with and the rights of other miners are protected. (3) The 
 entry for patent by paying the purchase price for the land at 
 
 •From Mining and Scientific Press, May 28, 1910. 
 
ANNUAL LABOR 71 
 
 the local land office and receiving therefor the receiver's cer- 
 tificate or receipt, to be exchanged for the patent upon its 
 issuance. 
 
 By the first step the applicant acquires no further right to 
 the ground, beyond that contained in his possessory right, than 
 such additional constructive right as the better marking of his 
 claim and the official filing of its exact position and boundaries 
 may give. There is also the further safety given by the officially 
 marked posts, which will lead many to believe that the claims 
 are patented. No compulsion upon the claimant exists to pro- 
 ceed further toward patent. 
 
 Prominent in the second step is the filing of adverse claims 
 against the proposed patent by those who claim the ground 
 or portions of it by other and adverse locations to the one 
 entered for patent. Adverse claims must be filed at the local 
 land office during the sixty days of publication of the notice of 
 application for patent. They may be fought out in the courts 
 later. Also prominent in the second step is any protest made 
 by the employees of the Government or by private parties against 
 granting patent on the ground that the Federal Statutes and 
 the regulations of the General Land Office have not been com- 
 plied with. The protest may be initiated at any time after 
 application for patent and up to its issuance, to be fought out 
 before the register and receiver of the local land office. After 
 the adverse suits and pending protests have been disposed of 
 and the local land office' is able to ascertain what ground the 
 applicant is entitled to under the law, he is allowed to take 
 the last step of making final entry and receiving the receiver's 
 receipt in temporary lieu of the patent document which will 
 arrive later from Washington. 
 
 The status of the claim with reference to performance of annual 
 labor or assessment work during the second and third steps — 
 the steps for obtaining patent proper — is not entirely clear. The 
 Statute says, "on each claim located » * * and until a patent 
 has been issued therefor, not less than |100 worth of labor shall 
 be performed or improvements made during each year." The 
 courts have recognized that there is great delay in issuing the 
 patent document, which is largely a clerical matter, and conse- 
 
72 MINING LAW 
 
 quently have held that when issued, its rights date from the time 
 of making final entry by paying the purchase price for the land 
 and receiving the receiver's receipt and the final-entry certificate. 
 Consequently it appears, and the decisions are to the effect, that 
 a relocation of a claim cannot be made because of the failure to 
 perform annual labor after date of final entry, and that making 
 final entry relieves the applicant of performing annual labor, pro- 
 vided the patent document is eventually "issued. But if the re- 
 ceiver's receipt is cancelled on grounds of fraud and patent there- 
 for does not issue, the claim is in the position of never having 
 made a final entry and consequently is subject, and has been 
 subject at any time, to any relocation that could be made for 
 non-performance of annual labor, just as a location not going 
 through the patenting process. In a case where the applicant was 
 not guilty of fraud, but the final entry was cancelled because of 
 an insufficient publication of the notice of application for patent 
 which did not reflect upon the honesty and good faith of the 
 applicant, and he was required to begin publication anew, the 
 court held that the applicant had a right to rely on his final 
 entry and the expected issuance of the patent document to excuse 
 him from performing the annual labor. This is the right view, 
 but it is not certain that the courts will always hold to it. It 
 seems fairly certain that the honest applicant need not perform 
 any annual labor after final entry for patent, and that is the 
 way patent applicants usually proceed, but full surety is found 
 only in carrying on annual labor to date of issuing the patent 
 document. 
 
 In this connection it is necessary to consider the position of 
 the Land Department and the time when entry may be made. 
 The Land Department has recognized that final entry cannot 
 always be made immediately after the expiration of the period 
 of publication of application for patent, since adverse suits and 
 protests often drag out for a few years; but until these are 
 settled, it cannot allow final entry, for it does not know what 
 ground, if any, the applicant is entitled to patent. When final 
 entry becomes allowable through the expiration of the publica- 
 tion period if there are no adverse or protests pending, or through 
 the termination of adverse suits in court or protest proceedings 
 
ANNUAL LABOR 73 
 
 in the Land Department, it allows to the end of the then cur- 
 rent calendar year to make entry, whether the time be only a 
 day or several months. Thus if the publication period and any 
 adverse suits or protests end January 30 or December 30, the 
 applicant should make final entry on or before December 31. 
 If he delays into the next year, he does so at the peril of losing 
 all rights gained under the patent application. If the delay is 
 trivial, he may only be required to show that no relocation of 
 the claim was made. If the delay is material, he may have his 
 application cancelled and be required to begin application anew. 
 After the expiration of the year in which final entry should be 
 made, but is not, the Land Department will receive a protest 
 against the entry being allowed upon the ground that the claim 
 is now the possession of another through relocation for non- 
 performance of the annual labor for the previous year; the pro- 
 test being made with a view to cancelling the application or final 
 entry so that a new application and publication will be required, 
 allowing the protestant a chance to adverse and litigate his 
 rights in court. Where the protesting relocator cannot get his 
 protest accepted by the Land Department, he can yet attempt to 
 get the courts to declare the patent applicant a trustee of the 
 claim to convey it to him. 
 
 It would appear unjust to require the patent applicant who 
 intends to make final entry within the calendar year allowable, 
 to continue annual labor during the years that adverse suits and 
 protests may drag out, and there is a slight, though very slight, 
 possibility that the courts may protect him in case he has not 
 performed this work, though the courts are limited by the 
 Statute reading "until a patent therefor has issued." The un- 
 justness of the principle may be illustrated in this way. For 
 various reasons nearly all applications for patent are made in 
 the latter part of the year, and the period between the end of 
 publication and the close of the then current calendar year is 
 often only a few days, while in the majority of cases the annual 
 labor for the year has not been done or an insufficient amount 
 has been performed; reliance being placed on final entry to be 
 made that year. It would be easy for one hostile to the patent 
 applicant to file an adverse or a protest so that the applicant 
 
74 MINING LAW 
 
 could not make entry that year. As a result the applicant would 
 have to commence work on the claims — where no annual labor or 
 an insufficient amount had been performed that year — in the 
 heart of the winter, often an almost impossible thing, to pre- 
 vent them from being validly located after the first of the year 
 by the hostile or other party. 
 
 Proof of Labor 
 
 The statutes of most States have arranged for the filing of a 
 'Proof of Labor' with the county recorders and local mining dis- 
 trict recorders where the claim is situated. This is the affidavit 
 of the claim-owner, his agent, the person who has performed 
 the work, or other interested party cognizant of the facts, stating 
 that the annual labor has been performed upon the claim or 
 claims as required by law. The making and filing of this is 
 directory only, not mandatory. It is prima facie evidence that 
 the work has been done, and throws the burden of proof upon 
 one asserting that it has not been performed; whereas failure 
 to file the affidavit is considered to throw the burden of proving 
 the work was performed upon the claim-owner, but does not 
 in any way throw the claim open to relocation by others. 
 
 The period in which to file varies with the States. North 
 Dakota, South Dakota, and Oregon have no 'Proof of Labor' 
 statutes. Montana allows twenty days after completion of work 
 within which to file. Utah allows thirty days after work is per- 
 formed. Wyoming and Nevada allow sixty days after comple- 
 tion. California and Washington allow thirty days after the an- 
 nual labor period. Arizona allows three months and Colorado 
 six months after the annual labor period. Idaho and New-Mexico 
 allow sixty days after the annual labor period. The Federal 
 Statutes or regulations make no reference in any way to 'Proofs 
 of Labor,' outside of allowing ninety days after close of year to 
 file 'Proof of Labor' in Alaska. 
 
 A single affidavit is usually filed for a group of claims, in- 
 stead of an affidavit for each claim. A complete 'Proof of Labor' 
 affidavit should contain: Name of claim or claims and their 
 location; dates between which the labor was performed; where 
 labor was performed; description, amount, and value of the labor; 
 
ANNUAL LABOR 75 
 
 purpose of the labor; by whom performed; for whom performed 
 and at whose expense. These are contained in the following 
 form, to which some States would require the actual amount 
 paid and by whom paid. 
 
 PROOF OF LABOR AFFIDAVIT 
 
 STATE OF UTAH, | 
 * County of Salt Lake.} ss ' 
 
 James Grant, of Salt Lake City, being first duly sworn, 
 deposes and says: 
 
 That he, together with Wm. Fitzgerald and Bernard 
 Stevens, performed the annual labor for the year 1910 
 upon the Fulton, Dolly Dimple, and King Pin lode claims 
 in the Snake Creek Mining District, Summit County, 
 Utah. 
 
 That said labor consisted of ninety days work between 
 August 10, 1910, and October 1, 1910, together with 
 powder and other necessary mining supplies to the 
 amount of over $30. 
 
 That said labor was performed in a tunnel on the 
 south end of the Dolly Dimple claim, in extending said 
 tunnel 30 ft. from a point 100 ft. from portal to point 
 130 ft. from portal, thereby removing over 720 cubic feet 
 of solid rock. 
 
 That said labor was performed for and at the expense 
 of the Golden Cross Mining Co., and at the request of 
 its president, Bartley McDonough. 
 
 (Signed) James Grant. 
 
 Sworn and subscribed to before me this eighteenth 
 day of October, 1910. George L. Parks, 
 
 Notary Public. 
 
CHAPTER XI 
 
 Lode Location — Resumption of Work, Forfeiture, 
 Abandonment 
 
 R. S., Sec. 2324: * * * Upon a failure to comply 
 with these conditions [the requirement of annual labor], 
 the claim or mine upon which such failure occurred, 
 shall be open to relocation in the same manner as if 
 no location of the same had ever been made; provided, 
 that the original locators, their heirs, assigns, or legal 
 representatives, have not resumed work upon the claim 
 after failure and before such location. * * * 
 
 By failing to do his annual labor, the claim-owner does not 
 lose or forfeit his claim; it only becomes forfeitable by him 
 and locatable by others. It is only when it has been appropri- 
 ated by another through a new location — a relocation — that it 
 is lost and forfeited by the old owner. Up to the time of 
 relocation, the old owner may, by resuming work upon the 
 claim, redeem his claim from being forfeitable, as provided by 
 the above Statute. Even after relocation has begun, and while 
 the various acts of location prescribed by Federal and State 
 statutes are being completed within the alloted time, the old 
 locator may resume work at any time before the completion of 
 all the acts of relocation, and thereby render the attempted re- 
 location void, except in Montana, where a -forfeiting claimant 
 cannot resume work after a relocator has posted his notice. 
 
 The resumption may take place at any time, perhaps years 
 after any previous work has been performed, but presumes that 
 there has been no abandonment of the claim nor any interven- 
 ing location. By resuming work, the miner dates his rights 
 back to his location, except where he had abandoned the claim, 
 or where there has been an intervening location which has be- 
 come forfeitable through failure to do the annual labor. The 
 76 
 
RESUMPTION OF WORK 77 
 
 status of the claim after resumption under these exceptions is 
 not clear. While, of course, the claim can be patented if no 
 question is raised, the better view, especially in the case of 
 where there has been an intervening relocation by others, is 
 that a resumption will not date the rights back beyond the in- 
 tervening location or abandonment, and that in consequence a 
 new location should be made. 
 
 The principle of resuming work at or just before the moment 
 a claim becomes forfeitable is used to save a claim from reloca- 
 tion by others. As the annual labor preserves the possessory 
 right by calendar years, it follows that if the work is not 
 performed during any year (following the year location is made), 
 the claim becomes forfeitable at and after 12 o'clock midnight 
 of December 31 of that year. If the miner, who has failed to 
 do his annual labor, arrives on the claim on December 31 or 
 before, and begins work which he prosecutes during the usual 
 work hours, returning on the following morning of January 1 
 and continuing work with due diligence until $100 worth of 
 work has been performed during the new year, he has made 
 such a resumption of work as will render void any attempted 
 location after midnight of December 31, or throughout the new 
 year. It is not necessary to do $100 worth of work for the old 
 year and another such amount for the new one. The resumption 
 of work coupled with the possession of the claim, has taken 
 care of the old year, while the doing of $100 worth of work 
 during the new year constitutes the annual labor for that year. 
 If the miner arrives at his claim at 11 p.m. on December 31, 
 begins work before midnight which he continues into the next 
 day- and thereafter with due diligence, he has kept his claim 
 from becoming forfeitable. Just what is due diligence cannot 
 be defined; the resumption should be substantial and fairly 
 promptly performed, until it amounts to $100 per claim. The 
 resumption of work followed by the performance of a satisfac- 
 tory amount of work, validates the claim to date, so far as 
 the annual expenditure is required, no matter how many of 
 the previous years were without work. Whether a claim is 
 forfeitable on account of non-performance of annual labor, de- 
 pends on one question only, was the labor for the previous year 
 
78 MINING LAW 
 
 done? If it was performed, then the fact that it was not done 
 in years prior to that year, has no weight whatever. 
 
 An important question arises in the case of a newer or junior 
 location overlapping an older or senior location, as illustrated 
 by Fig. 16. If the holder of the senior location fails to perform 
 
 Pig. 16 
 
 his annual labor, does the overlap or area in conflict at once 
 become part of the junior location, or in case the owner of 
 the junior location does not make an amended location to take 
 in the overlap, can the senior, by resuming work, retain the 
 overlap, or can a relocation of the senior claim by others hold 
 that overlap? The decisions are conflicting, but it would appear, 
 following the principle that a location, to be valid, must be 
 valid when made, and that a valid location definitely carves out 
 and sets aside a piece of ground, that the senior claim would 
 remain intact as located, until some part of it was specifically 
 and validly appropriated, while the junior claim would contain 
 nothing but what it appropriated when first made, except a new 
 and additional appropriation be made, which would require an 
 amended location. 
 
 Forfeiture and abandonment are not the same. In the case 
 of forfeiture, the forfeiting owner has simply failed to comply 
 with the law, and in consequence loses the claim upon its re- 
 location by others. But in the case of abandonment, the miner 
 gives up all his rights and privileges incident to the claim, in- 
 tending to have nothing more to do with it,, and allowing it 
 
RESUMPTION OP WORK 79 
 
 to become public domain again. Abandonment may be made 
 in two ways, by a verbal or written statement, or by leaving 
 the claim with the intention of not returning and putting no 
 more work or care upon it. In the first case, relocation may be 
 made at once by a second party, even if the abandoning owner 
 had performed the annual labor for that year. In the second 
 case it is practically impossible to prove the intent to abandon, 
 consequently relocation should only be made when the claim 
 becomes forfeitable, for the old owner might return and at- 
 tempt to claim the ground at any time up to that point. It 
 has been said that a forfeiture cannot be established, except 
 upon clear and convincing proof of the failure of the former 
 owner to have work performed or improvements made to the 
 amount required by law. To establish abandonment, likewise 
 requires positive proof of the intention to abandon. The burden 
 of proof is upon the party alleging forfeiture or abandonment. 
 
 A relocation of an abandoned claim by one of the abandoning 
 co-owners is valid; but an abandonment and relocation to avoid 
 doing the annual labor, is invalid. Where a co-owner relocates 
 a forfeitable claim for himself, and hostile to the other co- 
 owners, he holds the claim as a trustee for all the owners; in 
 other words, he cannot 'locate his partners out.' An agent or 
 employee cannot betray his trust and make a relocation of a 
 claim he is empowered to care for. Also, where a claim-owner 
 employs a second party to do the annual labor, and the second 
 party, unknown to the claim-owner, fails to perform the an- 
 nual labor, apparently the claim does not become open to re- 
 location, especially where the owner upon learning that the work 
 was not performed, immediately proceeds to do it; the courts 
 have given varying opinions on this subject. 
 
 Forfeiture by Co-owners 
 
 R. S., Sec. 2324: * * * Upon the failure of any- 
 one of several co-owners to contribute his proportion of 
 the expenditures required hereby [the annual labor], the 
 co-owners who have performed the labor or made the 
 improvements, may, at the expiration of the year, give 
 such delinquent co-owner personal notice in writing or 
 notice by publication in the newspaper published nearest 
 
80 MINING LAW 
 
 the claim for at least once a week for ninety days, and 
 if at the expiration of ninety days after such notice in 
 writing or by publication, such delinquent should fail 
 or refuse to contribute his proportion of the expenditure 
 required by this section, his interest in the claim shall 
 become the property of his co-owners who have made 
 the required expenditures. 
 
 In 'advertising out' a co-owner, the demand can only be made 
 for the co-owner's share of the work at the rate of $100 per 
 claim. If more than $100 per claim was spent, the co-owner's 
 refusal to contribute on a basis of more than $100 cannot be 
 used, under the Statute, to work a forfeiture of his rights 
 in the claim. It appears that if a certain co-owner or co-owners 
 have the work performed, any forfeited ownerships will inure 
 to them solely, instead of being also apportioned among the other 
 co-owners who may subsequently offer to pay their share toward 
 the forfeited portions. If the demand is made by personal notice 
 in writing, the delinquent has ninety days within which to 
 respond and pay his portion. If the demand is made by publi- 
 cation for ninety days in the newspaper published nearest the 
 claim, as should always be done if the delinquent cannot be 
 readily found or reached, the delinquent has ninety days from 
 expiration of period of publication within which to respond. 
 
 FORFEITURE NOTICE 
 
 To Wm. Barnwell: 
 
 You are hereby notified that I have expended $100 in 
 labor and improvements upon the Copper Globe lode- 
 mining claim in the West Mountain Mining District, 
 Salt Lake county, Utah, in doing the annual labor re- 
 quired by law to be performed during the year 1910. 
 
 If, within ninety days from the personal notice, or 
 if personal notice is not made upon you, then within 
 ninety days after the period of publication thereof, you 
 fail or refuse to contribute your proportion, which 
 amounts to $50, your interest in the claim will become 
 the property of the subscriber, your co-worker, who has 
 made the expenditure. R. V. Stewart. 
 
 The notice of forfeiture should be recorded together with the 
 proof of service and non-payment — the affidavit of the co-owner 
 
RESUMPTION OP WORK 81 
 
 making the expenditure to the effect that the notice of forfeiture 
 was personally served and that payment was not made within 
 the statutory time. If the notice of forfeiture has been given 
 by publication, then instead of proof of service and non-payment, 
 the affidavit of the publisher stating that the notice was pub- 
 lished as required by law — the proof of publication — and the affi- 
 davit of non-payment made by the co-owner, should be filed. 
 
CHAPTER XII 
 Millsite Location 
 
 R. S., 2337: Where non-mineral land, not con- 
 tiguous to the vein or lode, is used or occupied by the 
 proprietor of such vein or lode for mining or milling 
 purposes, such non-adjacent surface ground may be em- 
 braced and included in an application for a patent for 
 such vein or lode, and the same may be patented there- 
 with, subject to the same preliminary requirements as 
 to survey and notice as are applicable to veins or lodes; 
 but no location hereafter made of such non-adjacent 
 land, shall exceed five acres, and payment for the same 
 must be made at the same rate as fixed by this chapter 
 for the superficies of the lode. The owner of a quartz 
 mill or reduction works, not owning a mine in connec- 
 tion therewith, may also receive a patent for his mill- 
 site, as provided in this section. 
 
 The above section provides for two kinds of millsites — mill- 
 sites as appendages to mining claims for their better develop- 
 ment and working, which may be used for any purpose inci- 
 dental to the mining and reduction of ores, and millsites for 
 mills and reduction works independent of mining claims, which 
 must be used for sites for reducing ores. 
 
 The land must be non-mineral. Following the rule of the 
 Land Department that the land should be put to its most useful 
 purpose, this means that the land must be more valuable for 
 the millsite purposes to which it has been put than for its 
 mineral. As the value of an undeveloped mining claim is highly 
 speculative, -to say the least, it would be best, should the land 
 contain mineral-bearing formations and a mineral discovery can 
 be made — where it is essentially mineral in character — to locate 
 it as a lode claim, even should the claim be wanted for mill- 
 site purposes and meet the test mentioned before. The Statute 
 undoubtedly contemplates, and the Land Department must be 
 82 
 
MILLSITE LOCATION 83 
 
 considered as preferring, that ground which may be deemed 
 worthy of prospecting, shall be located, held, and patented under 
 the lode or placer laws, and only ground which may not be 
 deemed worthy of prospecting, that seems almost without ques- 
 tion to have no possible mineral value, should be located under 
 the millsite law, especially the first class of millsites. It appears 
 that a millsite location, valid by reason of being made in good 
 faith on ground having a nonmineral character — not known to 
 be valuable for mineral at time location was made and perfected — 
 cannot be cancelled or impaired by a subsequent discovery of 
 mineral in nominal quantity, and by the placing of a conflicting 
 lode or placer location, though it is not fully settled that a 
 valuable mineral deposit discovered after millsite location can- 
 not be located as lode or placer by others. After patent there 
 can be no question but that all mineral which may be found be- 
 longs to the patentee. To defeat a millsite location, it would 
 be necessary to show that the ground was known mineral land 
 at time location was made and perfected; it might even be 
 necessary to show that it was valuable mineral land. A mill- 
 site location cannot be defeated by a subsequent agricultural 
 entry, nor can a millsite location defeat a prior and existing 
 agricultural entry. 
 
 The Statute says that a millsite shall not be adjacent to the 
 vein or lode. The Land Department has interpreted this as being 
 an attempt to prevent the obtaining of further mineral ground 
 under an improper location or entry, and has ruled that a mill- 
 site may be in contact with the side line of a claim if it is clearly 
 not an appropriation of more mineral ground, that is, the mill- 
 site must be strictly non-mineral. A further application of this 
 principle would allow locating and patenting millsites in contact 
 with the end lines, where it can be conclusively shown that the 
 millsite is non-mineral and that its entry should be allowed. 
 
 Since the Statute is silent regarding the method of locating 
 millsites, it is customary to follow very much the same methods 
 as in making a lode location. Millsites should be square or rec- 
 tangular with a post at each corner. A single millsite cannot ex- 
 ceed five acres in area. Five acres equals a tract 466.7 ft. square, 
 or 217,800 sq. ft. A location notice should be placed upon the 
 
84 MINING LAW 
 
 ground and also recorded. Millsites are usually named after the 
 claim or group to which they are appended. When a claim or 
 group including a millsite, is surveyed for patent, the same 
 survey number is used for both, but the number on the lode 
 locations is followed by A, as '4785 A', while the same number 
 used on the millsite is followed by B, as '4785 B'. Letters are 
 also used in patent surveys in some surveyor-general offices 
 when lodes and placers are included in the same application. 
 Millsites may be located at the time of location of their lode 
 claim or claims, or at any time thereafter, even after patent. 
 A single mining claim is entitled to a millsite location. A group 
 of mining claims, according to the rulings of the Land Depart- 
 ment, is entitled to as many millsite locations as it "actually and 
 reasonably needs, and no more. Consequently not more than 
 one millsite location should be made in connection with a group 
 of lode claims, unless the locator is able to show in subsequent 
 entry for patent or adverse suits, that all of such claims are 
 necessary. 
 
 No discovery work, annual labor, or patent work is required 
 upon millsites. The possessory right to those of the first class 
 is dependent upon the possessory right to the lode locations to 
 which they are appended. If the required work is not performed 
 upon the lode locations and they thereby become forfeitable, the 
 millsite is also forfeitable. But while no development work or 
 annual labor is required upon millsite locations of the first class, 
 some use for mining or reduction purposes is requisite to their 
 possession until patented. Such use may be the erection of a mill 
 or other reduction works; the storing of ore; the pumping of 
 water; the erection and use of a living cabin, a bunk-house, or 
 shops; the dumping of water or banking of tailings or waste. 
 Uses foreign to those incidental to mining or ore-reduction will 
 not suffice. Under some conditions storage of water may be 
 counted, but not under others. Millsites cannot be located for 
 the timber upon them only, for uses disconnected entirely from 
 the lode claim, to be turned over to another party, or to secure 
 water-rights that are properly obtained under the laws of water- 
 appropriation and protected by Sections 2339 and 2340 of the 
 Revised Statutes, as wells, springs, dams, or reservoirs. 
 
MILLSITE LOCATION 85 
 
 Millsites of the second class, those having no connection or 
 association with a lode claim, cannot be patented unless each 
 millsite has a mill or other reduction works upon it. Plants of 
 another nature, even though of service to a mill or mine, or other 
 uses of the claim, will not satisfy the law. 
 
CHAPTER XIII 
 Placer Location 
 
 R. S., Sec. 2329. Claims usually called 'placers', in- 
 cluding all forms of deposits, 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; but where the lands have been previously 
 surveyed by the United States, the entry in its exterior 
 limits shall conform to the legal subdivisions of the 
 public lands. 
 
 R. S., Sec. 2330. Legal subdivisions of forty acres may 
 be subdivided into ten-acre tracts; and two or more 
 persons, Or associations of persons, having contiguous 
 [placer] claims of any size, although such claims may be 
 less than ten acres each, may make joint entry thereof; 
 but no location of a placer claim made after July 9, 1870, 
 shall exceed 160 acres for any one person or association 
 of persons, which location shall conform to the United 
 States surveys. * * * 
 
 R. S., Sec. 2331. Where placer claims are upon sur- 
 veyed lands, and conform to legal subdivisions, no further 
 survey or plat shall be required, and all placer-mining 
 clsims located after May 10, 1872, shall conform as near 
 as practicable with the United States system of public- 
 land surveys, and the rectangular subdivisions of such 
 surveys, and no such location shall include more than 
 twenty acres for each individual claimant; but where 
 placer claims cannot be conformed to legal subdivisions, 
 survey and plat shall be made as on unsurveyed 
 lands. * * * 
 
 As the lode location is the prevailing and most important 
 type of mineral location, that subject has been treated at length. 
 The laws, regulations, principles, and customs of placer location 
 are substantially those of the lode location, except where the 
 fundamental differences between the two types of deposits neces- 
 sitate changes. Consequently, :n this discussion of placer loca- 
 86 
 
PLACER LOCATION 87 
 
 tions, only these differences and the points inherently con- 
 nected with placers, need be dwelt upon. The three Statutes 
 given above are the Federal laws governing placer locations of 
 the usual type. Three other Statutes covering special deposits 
 of mineral will be given later in their place. Placers require a 
 discovery, staking, and the posting and recording of location 
 notice. The location should preferably state for what mineral 
 or minerals the location is made, though this is not required by 
 law. Annual labor is required as with lodes, likewise the ex- 
 penditure of $500 before patenting. The price of the land when 
 obtaining patent is $2.50 per acre, as against $5 in the case of 
 lodes. State laws should be consulted regarding their particular 
 requirements, some of which call for discovery or location work. 
 
 The first question is, what is a placer and what may be located 
 under a placer location? A 'placer' originally meant a deposit 
 of gravel, of pebbles, and boulders and soil, which had come to 
 contain gold through the - disintegration and washing down into 
 the ravines of the veins or lodes which originally held the gold. 
 This gold in the placer was free from its rock matrix and could 
 be obtained as gold dust or nuggets by washing away the lighter 
 gravel. The term placer as now used in connection with the 
 mining law, covers deposits of a large number of minerals be- 
 sides placer gold. These deposits subject to placer location are 
 related to the occurrence of placer gold by being formed by the 
 same agency, running waters upon the earth's surface, or by 
 standing waters and a few other agencies producing deposits 
 having physical structures similar to those formed by the sur- 
 face waters. 
 
 Whether certain deposits should be treated as placers or as 
 lodes has given much trouble in the past, and is not yet fully 
 settled. 'At one time it was thought that metallic minerals 
 should be located as lodes and nonmetallic minerals as placers. 
 The metallic or nonmetallic character of the mineral has prac- 
 tically no bearing on the subject, except the fact that minerals 
 of the first class usually occur as lodes and the second as placers. 
 What may be located as placers is dependent upon the final in- 
 terpretation by the courts of what is a placer as defined by the 
 Statutes. This definition by the Statutes includes: (1) "Claims 
 
88 MINING LAW 
 
 usually called 'placers', including all forms of deposit, excepting 
 veins of quartz, or other rock in place" (R. S., Sec. 2329); (2) 
 "lands that are chiefly valuable for building stone" (Act of Con- 
 gress); (3) "lands containing petroleum or other mineral oils, 
 and chiefly valuable therefor" (Act of Congress); (4) "lands 
 * * * containing salt springs, or deposits of salt in any form, and 
 chiefly valuable therefor" (Act of Congress). 
 
 The first is the general definition of a placer; the other three 
 are contained in special Acts made to enable the deposits to be 
 taken up under placer laws. The first and general definition 
 must be considered in connection with the statutory definition 
 of what is a lode or subject to lode location, which reads "veins 
 or lodes of quartz or other rock in place bearing gold, silver, 
 cinnabar, lead, tin, copper, or other valuable deposits." (R. 8.. 
 Sec. 2320.) As placer includes all "excepting veins of quartz, 
 or other rock in place", it must be inferred that lode locations 
 may be made upon deposits described in two ways: (1) "veins 
 or lodes of quartz"; (2) "rock in place bearing gold, silver, cin- 
 nabar, lead, tin, copper, or other valuable deposits" 
 
 The following substances are held locatable under the placer 
 laws when found in placer form; when occurring as veins 
 or lodes, even if primarily formed as placers, it appears that 
 they should be located as lodes. The last three are the subjects 
 of special placer Acts. 
 
 Alum Kaolin or fire clay 
 
 Amber Limestone 
 
 Asphaltum Marble 
 
 Borax Mica 
 
 Building gravel (uncertain) Phosphate (uncertain) 
 
 Building stone Salt beds and springs 
 
 Gas Slate 
 
 Gold-bearing gravel Soda 
 
 Guano Sulphur 
 
 Gypsum Tailing and slag 
 
 Iron beds Petroleum 
 
 The geologist would place under lodes, those deposits filling 
 fissures or cracks in the earth's crust; deposits having no rela- 
 tion to stratification or bedding planes, except as these may form 
 lines of weakness and openings for the passage of the mineral- 
 
PLACER LOCATION 89 
 
 izing solutions and the deposition of mineral deposits formed 
 by the circulation or movement of water beneath the surface 
 of the ground, producing enrichment, vein formation, or general 
 mineralization; these are subject to lode location, for they are 
 lodes. Under placers he would place those deposits formed by 
 the natural surface waters running over, standing, or evaporat- 
 ing on the earth's surface, depositing the material which they 
 were carrying mechanically or by saturation, as a blanket over 
 the subsisting surface of the ground; and any deposit covering 
 the earth as a blanket, such as guano, the excrement of birds, 
 and phosphate, the secretion and remains of animals; these 
 when in loose form or even cemented, but not solidified to the 
 point of being rock, would be located as placers, even though 
 buried far below the surface, as in the case of the deep-lying 
 gold-bearing gravel beds of California. When the loose placer 
 deposits harden and become solid rock, as sandstone, limestone, 
 phosphate rock, or marble, he would still call them placer de- 
 posits, even though lying far beneath the surface and a part 
 of the stratified rock formations. However, the law does not 
 appear to take this view in the latter case; whatever could be 
 classified as building stone is subject to placer location unques- 
 tionably, not because of any original placer formation — granite 
 would not have originated as a placer — but because of the special 
 Act authorizing placer locations on such deposits. Such of 
 this class of deposits as cannot come under the head of building 
 stone, become "rock in place" and apparently subject to lode 
 location, though nothing conclusive can be said; when these 
 last deposits contain some mineral for which they are valuable, 
 as sandstone containing gold, or limestone containing phosphate 
 (phosphate rock), it appears that they become "rock in place 
 bearing * * * valuable deposits" and subject to lode location. 
 This is the view taken by the Land Department. It may be 
 noted that this refers to "rock in place bearing * * * valuable 
 deposits". What view would be taken of "rock in place" that 
 did not bear any valuable deposit or contain anything other 
 than the rock of which it was composed and that could not 
 be construed as building stone, is unknown; apparently such 
 deposits are seldom located. Where there is doubt as to whether 
 
90 MINING LAW 
 
 a placer or lode location should be made, the ground should be 
 located under both forms and patent application first made under 
 that form which appears best adapted. 
 
 Another factor is the type of deposit. Asphaltum filling a 
 fissure was required to be located as a lode; when occurring as 
 v surface deposit, it was to be located as a placer. Marble 
 .vas patented under the placer laws as building stone; onyx 
 )ccurring as a lode filling a fissure in limestone was patented 
 is a lode. Apparently deposits having the physical character- 
 istics of lodes, even though not formed as lodes usually are, 
 should be located as lodes. 
 
 As an exception to the theory of what is locatable as placer 
 is an early ruling of the Land Department that common brick 
 clay is not to be patented as placer, but under agricultural 
 jntry, it being held that common brick clay is not a mineral 
 within the meaning of the mining laws; and a recent ruling 
 to the same effect regarding sand and gravel, the Land Depart- 
 ment saying, "Deposits of sand and gravel, suitable for mixing 
 with cement for concrete construction, but having no peculiar 
 property or characteristic giving them special value, and deriv- 
 ing their chief value from proximity to a town, do not render 
 the land in which they are found mineral in character within 
 the meaning of the mining laws, or bar entry under the home- 
 stead laws, notwithstanding the land may be more valuable on 
 account of such deposits than for agricultural purposes". These 
 two interpretations seem at variance with the mining laws to 
 those unfamiliar with public-land conditions. At present there 
 is a great hunger for land. Public agricultural-land can only 
 be obtained under the Homestead or similar Acts from the Gov- 
 ernment or by the more costly method of purchase through the 
 owners of large floating grants. To take up public agricultural- 
 land under the placer laws as being valuable for clay, sand, or 
 gravel, would be a convenient and easy method, and would lead 
 to large areas being acquired in this way, for almost any piece 
 of agricultural land could be located for these substances. 
 
 The maximum size claim that one person may locate is 20 
 acres. 'Association claims' may be taken up by a group or asso- 
 ciation of two or more persons, in which the claim may be en- 
 
PLACER LOCATION 91 
 
 larged 20 acres for each individual in the association, up to the 
 limit of 160 acres. Two people may locate 40 acres as one claim, 
 five may locate 100 acres, or eight or more may locate 160 acres. 
 No claim larger than 160 acres. may be located. Most placers are 
 located as association claims, and the right is much abused. A 
 man may secure the consent or take the power-of-attorney of 
 seven of his acquaintances, and there is no way to prevent him 
 from locating an unlimited number of 160-acre placer claims, for 
 as with lode locations, there is no limit under the Federal Stat- 
 utes to the number of placer claims one may locate. Association 
 claims located for a single individual are invalid. A corporation 
 is considered an individual and may locate claims of only 20 
 acres each. 
 
 An annual labor expenditure of $100 will hold an association 
 claim of any size just the same as a 20-acre claim. Likewise 
 with reference to the $500 expenditure for patent purposes. 
 These claims are staked as single claims, that is, a 160-acre claim 
 is staked 160 acres large and not into 20-acre blocks. 
 
 A single discovery is sufficient to validate a 160-acre or lesser 
 claim, but the Land Department has said, "while a single dis- 
 covery is sufficient to authorize the location of a placer claim, and 
 may in the absence of any claim or evidence to the contrary, be 
 treated as sufficiently establishing the mineral character of the 
 entire claim to justify the patenting thereof, such single dis- 
 covery does not conclusively establish the mineral character of 
 all the land included in the claim, so as to preclude further in- 
 quiry in respect thereto." This is taken to mean that on a pro- 
 test being made that part of a claim was without mineral 
 and more valuable for some other purposes, the claim might be 
 reduced to the proved or known mineral portions only. The 
 Land Department also holds that where an association placer 
 claim is transferred to a single person before a discovery has 
 been made to validate it, a discovery after the transfer will only 
 perfect the claim to the extent of 20 acres — the maximum a 
 single person can locate, except oil claims where development 
 work had been started before land was withdrawn from oil loca- 
 tion — as provided by a special Act of Congress. 
 
 There are two forms of placer locations, those conforming to 
 
92 MINING LAW 
 
 legal subdivisions and the system of public-land surveys, and 
 'gulch placers' which are shaped to suit the desires of the locator. 
 Placers should conform to legal subdivisions both upon surveyed 
 and unsurveyed land, unless it can be convincingly shown that 
 such procedure is not merely impracticable, but highly so, in 
 which case a gulch may be located. Gulch placers must be con- 
 sistent in shape and without the overlapping of other claims so 
 common in lode location. 
 
 The smallest legal subdivision is 40 acres in all cases, with the 
 single exception of placers, where the 40 acre-tracts may be sub- 
 divided into four square 10-acre tracts, each 660 ft. square. For 
 a single locator to locate the maximum size of 20 acres, it is only 
 necessary to appropriate two of these tracts, if upon surveyed 
 land. Larger claims are made by the simple process of adding 
 contiguous 10-acre subdivisions or blocks. The illustration 
 (Fig. 17) shows the method of locating gold-bearing gravel along 
 a creek by legal subdivisions upon surveyed land. The location 
 B of a single locator could not have been included with A, since 
 it only corners. Except in rare cases, time, money, and trouble 
 may be saved by taking up placer claims upon surveyed land by 
 the legal subdivisions instead of making a gulch-placer location. 
 
 Regarding placers upon unsurveyed land, the Land Department 
 has said that such locations shall conform as nearly as practicable 
 to the "system of public-land surveys and the rectangular sub- 
 divisions of such surveys," by making the location as nearly as 
 reasonably practicable, rectangular in form, compact, and with 
 east-west and north-south bounding lines. It considers claims 
 satisfactory when those of one or two persons can be entirely 
 included within a square 40-acre tract; when a claim located by 
 three or four persons can be entirely included in two, square, 40- 
 acre tracts placed end to end; when a claim located by five or six 
 persons can be entirely included in three, square, 40-acre tracts; 
 or a claim located by seven or eight persons can be entirely in- 
 cluded in four, square, 40-acre tracts; but it is not intended that 
 the 40-acre tracts shall necessarily have east-west and north- 
 south boundaries. 
 
 It has been customary to locate placer claims of 20 acres by 
 taking up two square 10-acre blocks, making a rectangle 1320 by 
 
PLACER LOCATION 
 
 93 
 
 660 ft., without reference to the boundaries being east-west and 
 north-south. Larger claims have been made by adding or uniting 
 20-acre tracts. The Land Department favors this method when 
 the larger claims are fairly compact in shape, but says that each 
 
 k.- .•■'-'•.• 
 
 | JO /feres 
 
 40> Acres- 
 
 ifl§f"i | 
 
 Kccv'K't'V-i- I... 
 
 --&0- 
 
 Viferes-^ 
 
 "- '^'"c^'Ntf- - 
 
 -am 
 
 I 
 
 I:-.'.' P/arer Locarmn /I WA P/ocer Locoti o/i B 
 _ Sold Bearing rfrea 
 
 Fig. 17 
 
 claim must be judged and decided upon its own facts, meaning 
 that while it may not require a strict compliance with the plan 
 in the preceding paragraph, it will not permit long, narrow, and 
 fantastically shaped claims to go to patent. In one instance 
 patent was asked for a single claim over 16 miles long, with an 
 average width of 51 ft., and containing 102 acres. Where the 
 ground is surrounded by other claims, or under other exceptional 
 
94 MINING LAW 
 
 conditions, a considerable departure from the theory may be 
 allowed. A claim taken up by legal subdivision may include 
 segregated pieces of land so made by excluding areas belonging 
 to others; claims not taken up by legal subdivisions will probably 
 be allowed to include segregated pieces of land where it is shown 
 to be the logical method of locating the ground. The reason that 
 so little sanction is given to including segregated pieces of ground 
 in a placer claim or placing its corners on the ground of others, 
 whereas it is sanctioned with lode claims, is on account of the 
 fundamental difference between the two classes of claims due 
 to the great importance of the law of extralateral or apex right, 
 and the necessity, in conforming to that law, of extending lode- 
 claim lines over the ground of others and placing the corners 
 upon the claims of others. 
 
 Placer claims upon unsurveyed land should be staked at each 
 corner. As to whether a placer location by legal subdivisions upon 
 surveyed land needs to be staked, there have been decisions 
 for and against in the courts. The Land Department will accept 
 for patent such a location without staking, but the better view is 
 that staking should be done, and the miner is advised to take 
 no chances. A location notice stating for what the location has 
 been made should be posted upon the claim and recorded. 
 
 It is often asked if the claims of two individual locators may 
 be united as one claim, thus allowing the annual labor that 
 would be required upon a single claim, to hold the enlarged 
 claim. So far as can be learned the Land Department and the 
 courts have not passed upon this point. However, it does not 
 appear why an amended location or a relocation could not be 
 made for this purpose. In fact the Statute would appear to sanc- 
 tion this, for it says "and two or more persons, or associations 
 of persons, having contiguous [placer] claims of any size, al- 
 though such, claims may be less than 10-acres each, may make 
 joint entry thereof." But such a relocation or amended location 
 should be consistent with the requirements of the law, that is, 
 the joint owners should own the ground jointly and not the 
 separate parts as formed by their former claims, nor should 
 they unite their claims for the purpose of making the work done 
 
PLACER LOCATION 95 
 
 under the former locations equal $500 for patenting the joint 
 claim, with the idea of dividing the claim immediately after 
 patent is obtained. 
 
 A placer location, no matter for what it has been made, takes 
 all minerals subject to location as placers, and after application 
 for patent takes all lodes except known lodes, which subject 
 will be treated in the next chapter. 
 
 Salt Deposits and Salt Springs 
 
 ACT OF CONGRESS: That all unoccupied public 
 lands of the United States containing salt springs, or 
 deposits of salt in any form, and chiefly valuable there- 
 for, are hereby declared to be subject to location and 
 purchase under the provisions of the law relating to 
 placer-mining claims; provided, that the same person 
 shall not locate or enter more than one claim hereunder. 
 
 This Act is operative in all the public lands of the United 
 States, and not in the mining-law States alone. It is only 
 by the production of salt through the usual processes that a 
 saline spring or deposit becomes subject to placer location, and 
 the use of a salt spring as a bathing resort instead does not 
 tend to validate a placer location. 
 
 Building Stone 
 
 ACT OP CONGRESS: That any person authorized 
 to enter lands under the mining laws of the United 
 States, may enter lands that are chiefly valuable for 
 building stone under the provisions of the law in rela- 
 tion to placer-mineral claims; provided, that lands re- 
 served for the benefit of the public schools or donated 
 to any State shall not be subject to entry under this 
 Act. 
 
 It will be observed that the right to locate building-stone 
 placers upon school and State lands is denied, whereas all 
 other placers may be located and patented upon such lands 
 under the conditions stated in the chapter on 'Where locations 
 may be made.' Building stone, upon surveyed land, may also 
 be secured under the Timber and Stone Act as well as by placer 
 location, but upon unsurveyed land by placer location only. 
 
96 MINING LAW 
 
 Petroleum and Oil 
 
 ACT OP CONGRESS: That any person authorized 
 to enter lands under the mining laws of the United 
 States, may enter and obtain patent to lands containing 
 petroleum or other mineral oils, and chiefly valuable 
 therefor, under the provisions of the laws relating to 
 placer-mineral claims. 
 
 ACT OF CONGRESS: That where oil lands are lo- 
 cated * * * as placer mining claims, the annual as- 
 sessment labor upon such claims may be done upon any 
 one of a group of claims lying contiguous and owned 
 by the same person or corporation, not exceeding five 
 claims in all; provided, that said labor will tend to the 
 development or to determine the oil-bearing character of 
 such contiguous claims. 
 
 The placer-mining laws are not well adapted for locating oil 
 lands, but in the absence of suitable laws, oil lands were located 
 as placers until the Land Department ruled that oil was not 
 a mineral and that oil lands -should not be taken up as placers. 
 This resulted in Congress passing the above Statute legalizing 
 the location of oil lands as placers. The whole forms an excel- 
 lent example of the apathy in formulating and enacting suit- 
 able mining laws. 
 
 The discovery of oil necessary to validate an oil location 
 must be a discovery of actual oil in material quantities sufficient 
 to justify the belief that oil in commercial quantities may 
 exist; indications, oil formations, and oil seepages will not suffice. 
 Until the locator discovers oil, which usually means the expend- 
 iture of considerable time and money, the courts will protect 
 him in his possession of the ground to the fullest extent that 
 they are able, while he is attempting in good faith to discover 
 oil; but just as with a lode location, there is no valid location 
 until a discovery is made, and others have more or less right 
 to attempt to make a discovery as well as the prior claimant. 
 The location of land more valuable for oil than for other pur- 
 poses under the guise of locating for other mineral is invalid 
 and cannot be sustained under protest or perfected to patent. 
 
 The new land-withdrawal law does not allow locations for 
 oil to be made upon withdrawn areas, but says concerning al- 
 
PLACER LOCATION 97 
 
 ready existing oil locations, "that the rights of any person who, 
 at the date of any order of withdrawal heretofore or hereafter 
 made, is a bona fide occupant or claimant of oil or gas-bearing 
 lands, and who, at such date is in diligent prosecution of work 
 leading to discovery of oil or gas, shall not be affected or im- 
 paired by such order, so long as such occupant or claimant shall 
 continue in diligent prosecution of said work. And provided 
 further, that this Act shall not be construed as a recognition, 
 abridgment, or enlargement of any asserted rights or claims 
 initiated upon any oil or gas-bearing lands after any withdrawal 
 of such lands made prior to the passage of this Act." 
 
 Since the Land Department holds that where an association 
 placer claim is conveyed to a single individual before a dis- 
 covery is made, the subsequent discovery will only validate 20 
 acres of the claim, the Act of March 2, 1911, was passed to 
 allow association oil claims upon which development work had 
 been started before the land was withdrawn from location, to 
 become valid to their full extent, even if transferred to a single 
 individual before discovery. The Act reads: 
 
 ACT OF CONGRESS: That in no case shall patent 
 be denied to or for any lands heretofore located or 
 claimed under the mining laws of the United States con- 
 taining petroleum, mineral oil, or gas solely because of 
 any transfer or assignment thereof or of any interest 
 or interests therein by the original locator or locators, 
 or any of them, to any qualified persons or person, or 
 corporation, prior to discovery of oil or gas therein, but 
 if such claim is in all other respects valid and regular, 
 patent therefor not exceeding one hundred and sixty 
 acres in any one claim shall issue to the holder or hold- 
 ers thereof, as in other cases; provided, however, that 
 such lands were not at the time of inception of develop- 
 ment on or under such claim withdrawn from mineral 
 entry. 
 
CHAPTER XIV 
 Lodes Within Placers 
 
 R. S., Sec. 2333: Where the same person, association, 
 or corporation is in possession of a placer claim, and 
 also a vein or lode included within the boundaries there- 
 of, application shall be made for a patent for the placer 
 claim, with the statement that it includes such vein 
 or lode, and in such case a patent shall issue for the 
 placer claim, subject to the provisions of this chapter, 
 including such vein or lode, upon the payment of $5 
 per acre for such vein or lode claim and twenty-five feet 
 of surface on each side thereof. The remainder of the 
 placer claim or any placer claim not embracing any 
 vein or lode claim shall be paid for at- the rate of $2.50 
 per acre, together with all costs of proceedings; and 
 where a vein or lode, such as is described in section 
 2320, is known to exist within the boundaries of a 
 placer claim, an application for a patent for such placer 
 claim which does not include an application for the 
 vein or lode claim, shall be construed as a conclusive 
 declaration that the claimant of the placer claim has 
 no right of possession of the vein or lode claim; but 
 where the existence of a vein or lode in a placer claim 
 is not known, a patent for the placer claim shall convey 
 all valuable mineral and other deposits within the 
 boundaries thereof. 
 
 The intent of the above Statute was to place known lodes in 
 placer claims open to exploration and purchase by those inter- 
 ested in the working of lodes, instead of allowing them to 
 remain idle and undeveloped through having come unsought 
 into the possession of those only interested in placers. Also, 
 that the greater ease and less cost by which placer ground may 
 be obtained might not induce- placer location and patent over 
 ground only nominally placer for the purpose of obtaining any 
 lodes which it was known to contain. The law has not been 
 fully worked out, since practically all of the court decisions 
 
 98 
 
LODES WITHIN PLACERS 99 
 
 cover cases of lode location after issuance of the placer patent. 
 The Statute is not operative on claims patented prior to the 
 date of its passage, May 10, 1872; such earlier patented claims 
 include the right to the known lodes. 
 
 A lode, to come within the scope of this law, must be known 
 at date of application for patent upon the placer claim. Lodes 
 discovered afterward are the property of the placer patentee, 
 even in the case of a lode that, without showing or being ex- 
 posed on the placer claim, was being worked on an adjoining 
 claim and later was followed on its strike into the placer claim 
 after the application for placer patent. A lode that is consid- 
 ered valueless or that has been abandoned as worthless, is 
 not such a known lode. It must have a value that will justify 
 exploration: It must approach the conditions whereby a lode 
 location defeats an agricultural entry. A valid lode location 
 made prior to a conflicting placer location takes its full area. 
 A lode location made under the Statute in question after the 
 placer location, is entitled to fifty feet in width along the vein 
 — twenty-five feet on each side. When patent is asked by 
 the placer claimant, the proper procedure for the lode claimant 
 is to secure exclusion of his lode strip or adverse the patent 
 to that extent. If successful, he will be enabled to secure his 
 lode patent in the usual way. If this precaution is not taken, 
 or in the case of a lode location made after placer patent, when 
 the lode claimant asks for his patent, hearing will be held to 
 determine by the facts presented, if the lode is a known lode 
 as contemplated by the Statute, and the Land Department has 
 the right in consequence to grant such a patent. 
 
 A mooted question is* has the placer claimant, before making 
 application for placer patent, the possessory right to and the 
 refusal of all known lodes without having located them as such? 
 One conclusion of the Statute is that he has. A court decision 
 says that a stranger cannot enter within the lines of a placer 
 location to prospect for lodes, and if he does so enter and dis- 
 covers and locates a lode, it is a claim initiated by trespass 
 and is void. But such a discovered lode now becomes a known 
 lode, just as any lode uncovered in any way or by anyone up 
 to application for patent. The placer claimant or one to whom 
 
100 MINING LAW 
 
 he has given his consent may locate a lode. The Land Depart- 
 ment has taken the stand that a placer locator has not the 
 possessory right to the lodes within his location, so as to pre- 
 vent the discovery and location of such lodes by others. This 
 is the proper view, for under that of the court decision referred 
 to, all the veins as well as the placer mineral in a 160-acre 
 placer location could be held by doing $100 worth of work an- 
 nually. Undoubtedly, if a case came into court, the good faith 
 of the placer claimant would be the greatest factor in deter- 
 mining how far a stranger might go in clandestinely prospecting 
 for and locating the lodes within a placer location. The placer 
 locator may perhaps strengthen his right of possession to the 
 known lodes by inserting in his placer location notice, the pro- 
 viso, 'including the right to locate and patent all known lodes.' 
 But the proper plan is to at once locate all desired lodes. Lodes 
 within placers should be located in the usual way, with the 
 exception that fifty feet is the maximum width. 
 
CHAPTER XV 
 Tunnel Site Location 
 
 R. S., Sec. 2323: Where a tunnel is run for the de- 
 velopment of a vein or lode, or for the discovery of 
 mines, the owners of such tunnel shall have the right 
 of possession of all veins or lodes within three thousand 
 feet from the face of such tunnel on the line thereof, 
 not previously known to exist, discovered in such tunnel, 
 to the same extent as if discovered from the surface; 
 and locations on the line of such tunnel of veins or 
 lodes not appearing on the surface, made hy other par- 
 ties after the commencement of the tunnel, and while 
 the same is being prosecuted with reasonable diligence, 
 shall be invalid, but failure to prosecute the work on 
 the tunnel for six months, shall be considered as an 
 abandonment of the right to all undiscovered veins 
 on the line of such tunnel. 
 
 ACT OP CONGRESS: That section 2324 of the Re- 
 vised Statutes [requiring annual labor] be, and the 
 same is hereby amended, so that where a person or com- 
 pany has or may run a tunnel for the purpose of de- 
 veloping a lode or lodes, owned by said person or com- 
 pany, the money so expended in said tunnel shall be 
 taken and considered as expended on said lode or lodes, 
 whether located prior to or since the passage of said 
 Act; and such person or company shall not be required 
 to perform work on the surface of said lode or lodes in 
 order to hold the same as required by said Act. 
 
 "The effect of section 2323, Revised Statutes, is to give the 
 proprietors of a mining tunnel run in good faith, the possessory 
 right to 1500 ft. of any blind lodes cut, discovered, or intersected 
 by such tunnel, which were not previously known to exist within 
 3000 ft. from the face or point of commencement of such tunnel, 
 and to prohibit other parties, after the commencement of the 
 tunnel, from prospecting for and making locations of lodes on 
 the line thereof and within said distance of 3000 ft., unless 
 
 101 
 
102 MINING LAW 
 
 such lodes appear upon the surface or were previously known 
 to exist. The term 'face' as used in said section, is construed 
 and held to mean the first working face formed in the tunnel, 
 and to signify the point at which the tunnel actually enters 
 cover; it being from this point that the 3000 ft. are to be 
 counted, upon which prospecting is prohibited as aforesaid. 
 
 "To avail themselves of the benefits of this provision of law, 
 the proprietors of a mining tunnel will be required, at the time 
 they enter cover as aforesaid, to give proper notice of their 
 tunnel location by erecting a substantial post, board, or monu- 
 ment at the face or point of commencement thereof, upon which 
 should be posted a good and sufficient notice, giving the names 
 of the parties or company claiming the tunnel right; the actual 
 or proposed course or direction of the tunnel, the height and 
 width thereof, and the course and distance from such face or 
 point of commencement to some permanent well known objects 
 in the vicinity, by which to fix and determine the locus in 
 manner heretofore set forth applicable to locations of veins or 
 lodes, and at the time of posting such notice they shall, in 
 order that miners or prospectors may be enabled' to determine 
 whether or not they are within the lines of the tunnel, estab- 
 lish the boundary lines thereof, by stakes or monuments placed 
 along such lines at proper intervals, to the terminus of the 
 3000 ft. from the face or point of commencement of the tunnel, 
 and the lines so marked will define and govern as to specific 
 boundaries within which prospecting for lodes not previously 
 known to exist is prohibited, while work on the tunnel is 
 being prosecuted with reasonable diligence. A full and correct 
 copy of such notice of location defining the tunnel claim must 
 be filed for record with the mining recorder of the district, to 
 which notice must be attached the sworn statement or declara- 
 tion of the owners, claimants, or projectors of such tunnel, 
 setting forth the facts in the case; stating the amount expended 
 by themselves and their predecessors in interest in prosecuting 
 work thereon; the extent of the work performed, and that it 
 is bona fide their intention to prosecute work on the tunnel so 
 located and described with reasonable diligence for the develop- 
 ment of a vein or lode, or for the discovery of mines, or both, 
 
TUNNEL SITE LOCATION 103 
 
 as the case may be. This notice of location must be duly re- 
 corded, and with the said sworn statement attached, kept on 
 the recorder's flies for future reference." (Land Office Regula- 
 tions, 16, 17, 18.) 
 
 A tunnel-site location is not strictly a mining claim, but gives 
 an inchoate right which may be developed to patent blind and 
 unknown lodes cut by the tunnel. The rights and requirements 
 are succinctly stated in the Statutes and regulations above. The 
 locator, on commencing work, acquires the right to all veins 
 which may be cut by the tunnel within 3000 ft. of its portal; 
 provided, these veins do not exist on the surface, but are blind 
 veins whose existence has theretofore been unknown. The right 
 entitles him to 1500 ft. of the strike of each vein cut, all on 
 one side of the tunnel or divided as he may desire, and from 
 the apex to the lowest depth, just as if located on the surface. 
 He acquires no specific rights by this location over any prior 
 locations, no right to any blind lodes apexing in their ground 
 which he may cut, or right-of-way through their ground. All 
 locations made subsequent to the commencement of work in the 
 tunnel are made on the peril of losing any blind veins apexing 
 in them, which the tunnel locator may be entitled to through 
 cutting in his tunnel, and which are subject to his right-of-way. 
 
 Tunnel rights are dependent upon the work being prosecuted 
 with "reasonable diligence." What is reasonable diligence has 
 not been passed upon. Failure to prosecute work on the tunnel 
 for six months loses the right to all blind veins which may be 
 cut later, but not to the tunnel, which may be continued. As 
 the claimant is allowed 1500 ft. in any direction of all blind 
 veins cut throughout the 3000 ft. of his tunnel, he practically 
 commands an area in the shape of a race-track, 6000 ft. long 
 and 3000 ft. wide, as shown in Pig. 18. Some have considered 
 that the claimant's rights should be confined to 1500 ft. on 
 each side of the tunnel, making a square 3000 by 3000 ft., but 
 there is no direct reason why he should not receive his 1500 
 ft. of lode, even if found at one end of the tunnel and striking 
 outside of the square. The Land Office regulation, that the bound- 
 ary lines of the tunnel should be staked, is held to mean that 
 the length and width of the proposed tunnel should be exactly 
 
104 
 
 MINING LAW 
 
 shown by two parallel lines of stakes. It seems inconsistent 
 to run two lines of stakes to simply exhibit the width or bore 
 of the tunnel; the regulations probably purposed, not the bound- 
 aries of the tunnel, but of the area within which prospecting 
 was practically prohibited. 
 
 Line of Tunnel .,' 
 
 3000' 
 
 Fig. 18 
 
 There is no necessity for a tunnel locator to adverse the 
 application for patent of a subsequent lode location, to preserve 
 his rights to any blind lodes which he may cut. The Statute 
 protects him in that respect; but he should adverse to protect 
 any already cut lodes upon which he may wish to secure surface 
 area. 
 
 A millsite location for dumping area should be made in con- 
 nection with a tunnel-site location. Often a small area of 
 ground is included in the tunnel-site location for that purpose. 
 Unfortunately, the law has made no reference to dumping- 
 ground, and though both methods of obtaining such space will 
 undoubtedly be protected, the millsite location is preferable, 
 and it can be patented when any of the lodes cut are patented. 
 
 When the claimant has cut a vein which he may consider 
 worthy of appropriating, he has made a mineral discovery, and 
 in consequence should locate the lode or ground which his tun- 
 nel right has reserved until he could make a discovery. If the 
 structural features and proximity of the vein to the surface are 
 
TUNNEL SITE LOCATION 105 
 
 such as to enable one to say with positiveness where the apex 
 should be on the surface, the location should be laid out upon 
 the surface with the location stake equidistant from the side 
 lines and upon the presumed apex over the discovery below. 
 The intersection of the vein and tunnel must be within the 
 claim. No surface work or surface discovery is required. The 
 claimant can now proceed to patent upon the work done in 
 the tunnel. If the claim cannot be laid out upon the surface, 
 due to the vague whereabouts of the apex, the vein should be 
 located by placing a location notice describing it, at the mouth 
 of the tunnel, and recording the same. If the claim is not laid 
 out on the surface, it is of course impossible to patent the 
 vein. Annual labor will be required in both cases, unless pat- 
 ented, and may be done through the tunnel. It is sometimes 
 possible in the case of a long tunnel run for the development 
 of a distant group of claims, to locate the tunnel as a tunnel 
 site, and apply the work therein as annual labor and patent 
 work upon any blind lodes cut and the located claims ahead. 
 
CHAPTER XVI 
 
 Patent 
 
 R. S., Sec. 2325: A patent for any land claimed and 
 located for valuable deposits, may be obtained in the 
 following manner: any person, association, or corpora- 
 tion authorized to locate a claim under this chapter, 
 having claimed and located a piece of land for such pur- 
 poses, who has, or have, complied with the terms of 
 this chapter, may file in the proper land office an appli- 
 cation for a patent, under oath, showing such compliance, 
 together with a plat and field notes of the claim or 
 claims in common, made by or under the direction of 
 the United States surveyor-general, showing accurately 
 the boundaries of the claim or claims, which shall be dis- 
 tinctly marked by monuments on the ground, and shall 
 post a copy of such plat, together with a notice of such 
 application for a patent, in a conspicuous place on the 
 land embraced in such plat previous to the filing of the 
 application for a patent, and shall file an affidavit of at 
 least two persons that such notice has been duly posted, 
 and shall file a copy of the notice in such land office, 
 and shall thereupon be entitled to a* patent for the 
 land, in the manner following: the register of the land 
 office, upon the filing of such application, plat, field 
 notes, notices, and affidavits, shall publish a notice that 
 such application has been made, for the period of sixty 
 days, in a newspaper to be by him designated as pub- 
 lished nearest to such claim; and he shall also post 
 such notice in his office for the same period. The claim- 
 ant at the time of filing this application, or at any time 
 thereafter, within the sixty days of publication, shall 
 file with the register a certificate of the United States 
 surveyor-general that $500 worth of labor has been ex- 
 pended or improvements made upon the claim by him- 
 self or grantors; that the plat is correct, with such 
 further description by such reference to natural objects 
 or permanent monuments as shall identify the claim, 
 and furnish an accurate description to be incorporated 
 in the patent. At the expiration of the sixty days of 
 publication the claimant shall file his affidavit, show- 
 106 
 
PATENT 107 
 
 ing that the plat and notice have been posted in a con- 
 spicuous place on the claim during such period of pub- 
 lication. If no adverse claim shall have been filed with 
 the register and the receiver of the proper land office 
 at the expiration of the sixty days of publication, it 
 shall be assumed that the applicant is entitled to a 
 patent, upon the payment to the proper officer of $5 
 per acre [for lode claims, or $2.50 for placer claims], 
 and that no adverse claim exists; and thereafter no ob- 
 jection from third parties to the issuance of a patent 
 shall be heard, except it be shown that the applicant 
 has failed to comply with the terms of this chapter [the 
 mining-law Statutes]. 
 
 The steps by which the miner develops or constructs his title 
 or ownership to a lode or placer claim, are by initiating a pos- 
 sessory right by making a discovery, completing it by the acts of 
 location and record, maintaining it from year to year by annual 
 labor; and perfecting it to the fee-simple or absolute title after 
 placing $500 worth of improvements upon it, by obtaining patent 
 for it from the General Land Office at Washington, through 
 entry and purchase at the local land office. 
 
 Much has been said and written about the strength and dignity 
 of the possessory right acquired by location. The exaltation 
 accorded the possessory right comes from its being the first 
 guardian of mining rights, the swaddling clothes of a great 
 industry, rather than from any inwrought strength to protect 
 the miner's acquisition. It was a wise provision of the law 
 that made location of a claim easy. Had the miner or pros- 
 pector been required to go forth fully panoplied as a surveyor 
 and attorney, perhaps as a mineralogist and geologist also, 
 with forms and legal details and red tape to comply with, the 
 result would have been a woeful decrease in the locations made, 
 the holes dug, and the mines found. But what comes easily, 
 too often goes easily. Likewise, the possessory right acquired 
 so easily, is lost too easily. The lode that looks good and 
 arouses interest sufficiently to acquire it by possessory right 
 today, will perhaps develop tomorrow into something considered 
 worthy of holding permanently. The locator should then 
 change his easily obtained, easily lost title to the strong and 
 secure one of patent. It has passed into an axiom that to de- 
 
108 MINING LAW 
 
 velop a mine on unpatented ground is to develop a lawsuit. 
 Parties engaged in acquiring and developing mineral ground 
 seldom examine unpatented claims, unless they contain an 
 extraordinary showing. The statement is often made that the 
 possessory right should be made safer and more conclusive by 
 changes in the law and location methods, but no feasible methods 
 have been suggested. One of the suggested methods is to require 
 that the location be entered in the local land office and platted 
 in the tract books, no other entry to be allowed upon the land 
 until the existing one is canceled through failure to file proof 
 of annual labor. This would require a careful survey, and 
 would defeat the idea of making location easy, with its attendant 
 good results. The possessory right of location is good and 
 cannot be dispensed with, but there is a point where its advisa- 
 bility is passed, and the wise miner who has ground which he 
 values, will patent it at the earliest convenient and possible 
 opportunity. Between the two extremes of possessory right 
 and patent, both so necessary, there appears no practical inter- 
 mediate. The best method to follow, if conditions or means 
 do not warrant doing more than the annual labor each year, 
 is to perform the work in a common improvement or system 
 of improvement, and as soon as $500 worth of work has been 
 done, patent the most valuable claim of the group, and as each 
 additional $500 expenditure is made, patent an additional claim. 
 Such proceedings are now permitted under most conditions. 
 
 The miner may take steps toward securing patent as soon 
 as he has made a valid location according to the Federal Stat- 
 utes. He may apply for an official patent survey on the same 
 day the location is made, and proceed as speedily toward patent 
 as under any other conditions, since the $500 worth of im- 
 provements may be made at any time before the expiration of 
 the sixty-day period of publication of notice of application for 
 patent. Again, the miner may delay applying for patent as long 
 as he wishes, or need never ask for it, but continue to hold 
 his claim by location or possessory right. 
 
 The obtaining of patent to a mining claim requires careful 
 compliance with many details and is a somewhat lengthy pro- 
 cedure. To the layman, the various details and the extent to 
 
PATENT 109 
 
 which it is insisted that they be complied with, seem uncalled- 
 for technicalities and red tape. But the man in contact with 
 them, in office and field, sees their wisdom and necessity. Were 
 it not for the painstaking work of the surveyors-general and 
 the Land Office, there would be, from the conditions prevailing 
 in mining, loopholes for endless litigation, and to a still greater 
 extent would the rights of miners and the general good be 
 trespassed upon in a way that could hardly be reached through 
 litigation. Proceedings to obtain patent may be divided into 
 three stages: (1) The official patent survey; (2) making appli- 
 cation for patent and informing the world thereof, that they 
 may take steps to protect any asserted rights; (3) entering 
 the land, paying the purchase price, and receiving patent, after 
 the Land Office has determined applicant's right to purchase 
 the land. Essentially, obtaining patent to a mining claim is 
 simply obtaining title to the land from the United States, just 
 as title to a piece of agricultural or timber land would be 
 obtained. 
 
 A claim held by possessory right requires annual labor each 
 year. It is exposed to being located over in whole or part at 
 any time, and during a long absence of the claimant is liable 
 to be patented by others, unless he is continually on the outlook. 
 Even the lines of his location may be changed by confining 
 his ground to 300 ft. on each side of the exposed lode. If the 
 showing of mineral be poor, it may be contested and perhaps 
 defeated by an agricultural or other entry. It must be on the 
 guard against patent application of conflicting locations, and 
 adverse them. A claim held by patent belongs to the owner 
 without any conditions, except those attached by the law of 
 extralateral right, known lodes in placers, or tunnel-site loca- 
 tions. All questions of adverse ownership of the ground or of 
 defects in the location or possessory right, are estopped by the 
 issuing of patent and cannot thereafter be raised. Except the 
 patented claim be sold for unpaid taxes or seized for debt, the 
 owner cannot be divested of it, however much he may neglect 
 it, unless he has acquired it by fraud or error in the law. If 
 acquired by fraud which can be clearly and convincingly shown, 
 the patent may be broken or cancelled by suit brought for the 
 
110 MINING LAW 
 
 Government by the U. S. Attorney-General or his assistants. 
 But the Statute of Limitations prescribes that such suits can 
 only be brought within six years after date of Issuing patent. 
 Suits to annul a patent generally cannot be brought against 
 an innocent purchaser. A patent issued through error or mis- 
 take in the law, or which is not authorized by law, is invalid 
 and can be cancelled. Where the patent has been obtained by 
 the wrong party through fraud, suit may be brought to hold him 
 as the trustee of the patent until conveyed to the rightful owner. 
 After patent has been issued by the Land Department, it has 
 lost all jurisdiction over the land and cannot recall patent under 
 any condition, even if the patent document has not been delivered 
 to the claimant. What may be termed double patent can issue 
 in certain cases, as patent for mining claims on original State 
 or railroad sections, or on townsites, and known lodes patented on 
 prior placer patents. 
 
CHAPTER XVII 
 Lode Patent — Survey 
 
 No title, beyond that of possession, can be obtained to an un- 
 surveyed tract of public land. No agricultural entry can be made 
 until the land has been officially surveyed and platted into sec- 
 tions. Likewise, no patent can be asked for a mineral location, 
 until an official survey of the location has been made and ap- 
 proved, with the exception of placer claims conforming to legal 
 subdivisions and upon surveyed land. The surveyors-general of 
 the different land districts, having charge of all official surveys 
 of public lands, are empowered to appoint deputy mineral sur- 
 veyors to make official surveys of mining claims for patent. The 
 appointments can be secured by any one who has the necessary 
 proficiency in the work, is of good character, and can give the 
 required bond. Examinations are given for those who have not 
 attended accredited schools. The instructions regarding the sur- 
 vey of mining claims are issued by the General Land Office under 
 the title 'Manual of Instructions for the Survey of the Mineral 
 Lands of the United States.' They form Appendix C of this 
 work. 
 
 The applicant for a mineral survey should first select a deputy 
 mineral surveyor of the land district, and arrange with him on 
 the consideration for the survey. The surveyor's charges are . 
 paid by the applicant; the Government has nothing to do with 
 them, beyond requiring that they be not excessive. The applicant 
 should discuss with the surveyor, the 'Circular to Applicants for 
 Mineral Surveys,' appearing as Appendix A of the 'Manual of 
 Instruction for the Survey of the Mineral Lands of the United 
 States,' and especially considering as to whether a preliminary 
 survey should be made before obtaining an official order for 
 survey. The applicant then, or after preliminary survey, if one 
 be made, applies to the surveyor-general of the district for an 
 
 111 
 
112 MINING LAW 
 
 official order of survey, to be executed by the selected deputy. 
 Application should contain name or names of the applicants in 
 full, of each location, of the land and mining district, and of the 
 deputy desired. Accompanying must be certified copies of the 
 recorded original and any amended location notices of each loca- 
 tion. The applicant must deposit with some assistant U. S, 
 Treasurer or designated depository, to the credit of the U. S. 
 Treasurer, a sum sufficient to cover the charges in the surveyor- 
 general's office. Triplicate certificates of deposit are taken. The 
 original is mailed to the Secretary of the Treasury at Wash- 
 ington, the duplicate is enclosed with the application to the sur- 
 veyor-general, and the triplicate is retained by the applicant. 
 
 The charges in the different offices of the surveyors-general for 
 checking and platting the survey vary, but are about as follows: 
 For lode claims, singly or in groups, each, $30; for placer claim, 
 $35; for millsite claim, $30; for millsite included with lode sur- 
 vey, $30; for each lode location included in placer survey, $30; 
 for group of placer locations, first location, $35; for group of 
 placer locations, all after first location, each, $30; for affidavit of 
 $500 expenditure, filed after approval of survey, $5. Should an 
 amended order for survey issue, an additional deposit will be 
 required. By a recent Act of Congress, any excess in the amount 
 of deposit, over and above the actual cost of work performed, or 
 the whole of any unused deposit, will be returned. 
 
 The surveyor-general gives the application a number by which 
 the survey is thereafter known, and issues an order for the sur- 
 vey to the designated deputy, enclosing copies of the location 
 notices filed. The survey will have priority in being checked, 
 platted, and approved in the surveyor-general's office, over all 
 subsequent numbered surveys, unless it should be abandoned or 
 the applicant and deputy should still continue to delay filing the 
 survey notes after notice is given them to do so. 
 
 The next step is for the deputy mineral surveyor to go upon 
 the claim with his instruments and assistants, and make the 
 survey. He must personally take charge of the field work. In 
 making the survey, which may be a single location or a group, 
 for the contiguous claims of an applicant may be jointly surveyed 
 under one application and number, each location must be surveyed 
 
LODE PATENT-SURVEY 113 
 
 as a separate claim. The lines of the patent survey must be 
 kept within the lines of the location as determined by its staking, 
 not by the specifications of the location notice. The lines may be 
 drawn in and within the location boundaries to accomplish any 
 desired or necessary end, but they cannot be extended beyond. 
 Surveyors do sometimes extend their lines and set patent corners 
 outside the area of the location, representing or placing location 
 corners where they were not. This is in defiance of strict orders 
 of the Land Department, and when detected, invariably requires 
 a corrected survey and all subsequent steps taken anew. If the 
 deputy finds serious discrepancies between the location notice 
 and the claims as staked, or in the case of a group poorly laid 
 out, must leave many fractions that defeat the contiguity of the 
 claims, he will report the circumstances to the surveyor-general, 
 and an amended order for survey will be arranged for, to include 
 certified copies of the amended location certificates filed after 
 the lines are straightened out and corrected by a preliminary 
 survey. The amended order for survey may perhaps be given a 
 new number. 
 
 It is practically impossible to survey a group of claims for 
 patent, unless they have at some time been surveyed in a pre- 
 liminary way and the corners adjusted, which of course requires 
 an amended location. The preliminary survey is often made just 
 as a patent survey, and after order for survey is issued and a 
 number assigned, the deputy returns and merely marks the posts. 
 This is not in harmony with the Land Office regulations saying 
 that the patent survey must be made by the mineral surveyor in 
 person, after receipt of order, and without reference to any 
 knowledge he may have previously acquired by reason of having 
 made the location survey or otherwise. It may be asked, why 
 should the requirement that the patent lines of each claim keep 
 within the location, be so rigidly enforced? Because if it were 
 not so enforced, patent lines would be thrown outside of the 
 locations indiscriminately, and the locations of others encroached 
 upon. 
 
 The deputy is required to identify the stakes or corners of the 
 locations, or learn from reliable authority where they existed, 
 and represent them upon his plat by bearing and distance from 
 
114 MINING LAW 
 
 the patent corner, if not identical. On the plat these location 
 corners are indicated by the letters L. C. While the disappear- 
 ance of the corner stakes of a location does not invalidate it, the 
 applicant may save himself trouble by resurrecting them before 
 patent survey is made. The survey should be made by traversing 
 the claim, running all the boundaries. It is not necessary to run 
 the theoretical lode or centre line, though the discovery post on 
 it must be accurately set. Claims are often surveyed in opposi- 
 tion to Land Office rules by running the centre or lode lines 
 and making offsets to the corners. A corner post or monument 
 must be set at each corner or angle of the claim boundaries, and 
 a discovery post on the centre or lode line at the point men- 
 tioned in the location certificate as the location or discovery 
 point or stake. 
 
 The corners may be a rock approximating 24 inches in length, 
 with a mound of stone alongside, a rock in place, or, and gen- 
 erally, a dressed post four inches square and three feet or more 
 long. Iron pipes with brass caps similar to the bench-marks of 
 the Geological Survey and the corners now being used in public- 
 land surveys, are recommended by the Land Department. The 
 corner nearest a public-land survey corner or mineral monument, 
 is always taken as corner No. 1 of the claim. This corner should 
 be marked on the side facing the claim with the initials of name 
 of the claim, the claim corner number, and the survey number, 
 as 'N.Y. — 1 — 4750,' which means, corner No. 1 of patent survey 
 No. 4750 of the New York claim. A few of any suitable trees 
 within reasonable distaance should be blazed on a side facing 
 the corner post as bearing trees, marked 'B.T. — N.Y. — 1 — 4750,' 
 and recorded in the survey notes. Large rocks in place may also 
 be used for this purpose as bearing rocks, marked B.R., etc. 
 Where the corner cannot be set at the proper point, a witness 
 corner is placed on the line as near point as possible, and in- 
 scribed with the initials W.C., in addition to the other markings. 
 The corners of each claim are numbered consecutively from 1 
 up, as above. The discovery post in this survey should be marked 
 'Dis. — N.Y. — 4750.' If two or more claims corner in the same 
 spot, the same post should be used, even if the claims are owned 
 by different people. The initials, the corner number, and the 
 
LODE PATENT-SURVEY 115 
 
 survey number of each claim should go on the proper faces of 
 the post. It is only recently that the practice of initialing the 
 posts has been established; most older claim stakes are without 
 the claim initials. Where a post is the corner of several claims 
 of the same survey number, the corner numbers have sometimes 
 all been placed on one face, as 1 — 1 — 2 — 4 — 4750, whereas the 
 better way would have been as stated before, 1 — 4750, 1 — 4750, 
 2 — 4750, and 4 — 4750 on the proper faces. Corner No. 1 of each 
 claim must be connected with a section or quarter-section corner 
 of the public-land surveys or a mineral monument, if within 
 two miles, preferably with a public-land survey corner. In the 
 absence of either within that distance, a new mineral monu- 
 ment should be established. This tie line must be run and not 
 obtained by previous knowledge or ties calculated through other 
 points. With a group, it is customary to connect the corner of 
 one claim with the tie monument by an actual line, and calculate 
 the other required ties through the survey lines of the group. 
 The conflicts and contiguity with other patent surveys must be 
 shown, but those with unsurveyed claims need not be. 
 
 The deputy cannot make an official survey of any claim in 
 which he holds any interest, real or contingent. He cannot act 
 as an attorney in the patent application. He cannot employ 
 chainmen interested in the property. He must correct errors in 
 the survey due to carelessness or neglect, at his own expense, 
 under penalty of suspension. 
 
 At time of making the survey, the development work or ex- 
 penditure of $500 for the benefit of each claim is measured up; 
 or if it is not performed or finished at that time, the deputy may 
 return later and measure it. 
 
 Returning from the field, the deputy prepares his field notes 
 and plat, and files them with the surveyor-general. The em- 
 ployees of the surveyor-general's office check the field notes and 
 compare them with adjoining official surveys. Many errors are 
 bound to occur in view of the close accuracy required, which the 
 deputy must correct. From the corrected notes and plat, the 
 final plat is made up, and the claim or claims platted upon the 
 'connected plat' of the surveyor-general, which contains and 
 shows the relative positions of all the claims in each district. 
 
116 MINING LAW 
 
 The corrected field notes, known as the 'approved field notes', 
 and plat are retained in bound form in the surveyor-general's 
 office, open to public inspection. The surveyor-general sends one 
 copy of the plat to the local land office in which patent appli- 
 cation must be filed, and two copies of the plat and one of 
 the approved field notes to the deputy mineral surveyor for the 
 applicant. 
 
 The surveyor-general's connection with the proposed patent 
 now ceases, unless the $500 expenditure has not been filed. 
 This may be filed subsequent to the field notes. It is the sworn 
 statement of the deputy regarding the work done, its value, 
 and that it has been performed by the patent applicant or his 
 grantors. The surveyor-general examines this to see that the 
 work is of the character and the amount required, approves it, 
 and forwards his certificates to the deputy or the local land 
 office. 
 
 The applicant, by these survey proceedings, acquires no fur- 
 ther right to the ground beyond that contained in his possessory 
 right, than such additional constructive right as the better mark- 
 ing of his claim and the official filing of its exact position and 
 boundaries may give. It is just as necessary to perform annual 
 labor, and to adverse the prior application for patent of any 
 conflicting location, as before steps were taken for patent sur- 
 vey. However, there is some safety given the claims by the 
 officially marked posts, which will lead many people to believe 
 the claims are patented. Because the posts bear official survey 
 numbers, is no sign that they are or are not patented; only 
 inquiry at the local land office can develop this, though the 
 surveyor-general does keep a list, and all patented claims are 
 eventually listed by county recorders for the purpose of taxa- 
 tion. So far the applicant has not made any real steps toward 
 patent; he has simply had his ground officially surveyed. He 
 is under no compulsion to proceed further. 
 
CHAPTER XVIII 
 Lode Patent — Application and Entry 
 
 The proceedings in the surveyor-general's office having closed, 
 with the exception of where the $500 expenditure has not yet 
 been filed and approved, the second step — that of obtaining the 
 patent proper — is now taken in the local land office. The appli- 
 cant may begin the second step immediately upon the approval 
 of his survey by the surveyor-general, or he may delay for years 
 without losing any of the rights gained by the survey. The 
 second step can only be taken on the survey by the applicant 
 or his grantees. Anyone who may have located the ground in 
 the event of the annual labor not having been performed, must 
 have a new survey made. 
 
 Five copies of a notice of application for patent, containing 
 a full description of the claim or claims, are prepared. One 
 copy is posted at a conspicuous point on the claim or group 
 included in the application, such as at the shaft, mouth of tun- 
 nel, boarding-house, or in a similar position. This posting is 
 done in the presence of two disinterested witnesses, who make 
 affidavit to the fact. The affidavits are attached to the second 
 copy for filing in the land office as proof of posting. There 
 is also posted with the notice on the claim, one of the plats 
 delivered to the claimant by the surveyor-general. These are 
 usually fastened inside of a box covered with a canvas flap, 
 so that anyone is easily able to see them, and yet they are 
 protected from the elements. They must remain posted during 
 the sixty days of publication, and after removal are desirable to 
 keep for reference, especially the plat. The third copy of the 
 notice goes to the publisher of a newspaper published nearest 
 the claim, to be published as an advertisement for a period of 
 sixty days. If a weekly paper, nine consecutive insertions are 
 required; if a daily, for sixty -one consecutive insertions. The 
 
 117 
 
118 MINING LAW 
 
 fourth copy is posted in the land office during the period of 
 publication. A fifth copy is required by many land offices to 
 send to the Government inspector. 
 
 The three notices of application for patent, one posted on the 
 claims, one published in the newspaper nearest the claims, and 
 one posted in the local land office, are notice to the world 
 that application is being made for patent, and that all should 
 govern themselves accordingly. That is, that those who claim 
 the ground or any portion of it under another and adverse loca- 
 tion, must file an adverse against the patent during the sixty 
 days of publication (in Alaska the time has been extended to 
 within eight months after the sixty days) or stand as having 
 no claim to the ground. This is notice also that those who may 
 have an ax to grind and wish to protest against the issuing of 
 patent on ground that some law or requirement of weight has 
 not been complied with, may do so up to date of issuing patent. 
 
 At the time the notices are being disposed of, the first set 
 or 'application for patent' 'papers are filed in the local land 
 office. They consist of, one of the final plats and the approved 
 field notes delivered applicant by surveyor-general; the second 
 copy of notice of application for patent with attached affidavits, 
 being proof of posting notice on claim; the fourth copy of the 
 notice, being the one posted in the land office; the fifth copy of 
 the notice being the one to be forwarded to the local chief of 
 field division by the local land office; the application for patent, 
 or mineral application, which recites the facts and conditions 
 and asks that patent be granted; a description of the vein or 
 lode or mineral character of the land; an abstract of title 
 showing full title in the applicant or applicants; proof that 
 applicant or applicants are citizens of the United States; pub- 
 lisher's agreement that he will publish notice of application for 
 patent and hold applicant alone responsible for charges; and 
 the notice to be published. Together with this set of application 
 papers, a filing fee of $10 is paid. When this filing is made, 
 an application number is given it. The surveyor-general, in 
 approving the survey, approves all ground within the bound- 
 aries. The land office, in giving the application a number, re- 
 moves from it all the conflicting ground of prior applications. 
 
APPLICATION AND ENTRY 119 
 
 This makes it necessary for the application to adverse prior 
 applications for any conflicting ground, but unnecessary to take 
 steps against subsequent applications. 
 
 The second set or 'final entry' papers filed after expiration of 
 period of publication, consist of, proof of continuous posting of 
 plat and notice upon the ground during the sixty days of publi- 
 cation, made by affidavit of applicant; proof of publication of 
 notice by affidavit of publisher; proof of payment of all charges 
 and fees for publication, survey, land office fees, and purchase 
 price of land, by affidavit of claimant; and application to pur- 
 chase the land from the Government. On the presentation of 
 the final entry set of papers, the register makes proof that 
 notice of application for patent remained continuously posted 
 in the land office during the sixty days of publication. If, during 
 the period of publication, no adverse claim was filed against 
 the application, and there are now no protests or other objec- 
 tions, applicant will be permitted to pay the purchase price of 
 $5 per acre for lode claims ($2.50 for placer claims), and receive 
 the receiver's receipt for the money. The certificate of final 
 entry as a result of paying the purchase price, and the original 
 of the receiver's receipt, is now added to the papers, and the 
 whole record is forwarded to the General Land Office at Washing- 
 ton, where it is examined, and, if found regular, the patent 
 document is issued and forwarded to the local land office, where 
 the applicant receives it in exchange for his receiver's receipt, 
 usually from six to eight months after final entry. 
 
 The $500 expenditure as required by the Statute, may be 
 made at any time before the expiration of the sixty-day period 
 of publication. The filing of the surveyor's affidavit of the 
 expenditure need not be done before the expiration of publica- 
 tion period. After filing of application for patent, and affidavit 
 of expenditure if the same follows, a copy of the application is 
 forwarded the chief of the local field division, who will have 
 field examination made of the claim and entry. This "examina- 
 tion is confined mainly to conditions found in the field, but 
 will take up any question whatever relating to the entry. The 
 conformity of the survey to the location in all its phases will 
 be investigated. The nature of the survey will be examined, 
 
120 MINING LAW 
 
 lines may even be retraced. Whether the various details of 
 patenting have been complied with; if the claims are essen- 
 tially mineral land, taken up as bona fide mineral claims, and 
 not for some other and unwarranted purpose; whether the nec- 
 essary expenditure has been made; was it performed by the 
 applicant or his grantors; whether it develops the claim as 
 contemplated by law; whether the rights of other locators have 
 been encroached upon, and similar matters, are investigated. 
 While the miner must initiate and fight his own adverse cases, 
 these examinations directly and indirectly give invaluable aid 
 to miners whose rights are being or are liable to be encroached 
 upon. They have a good moral effect in decreasing the tendency 
 to fraud and underhand work by applicants, which the surveyors- 
 general and General Land Office are unable to reach, and which 
 only field investigations will reveal. 
 
 The reports of the mineral examiners and special agents are 
 made to the Commissioner of the General Land Office, and are 
 confidential. The patent proceedings usually progress without 
 reference to these reports, but patent does not issue until they 
 are received. If a report is adverse, and after having been 
 considered by the General Land Office it is held that the charges 
 are sufficient, if true, to warrant the rejection or cancellation 
 of the entry or claim, a notice of the charges is served upon 
 the entryman or claimant, who is allowed thirty days to file 
 in the local land office a denial under oath of the charges, 
 with an application for a hearing before the register and the 
 receiver. The charges made in the adverse report are in the 
 nature of a protest against the patent by the Government, and 
 in the hearing of these charges must be supported for the Gov- 
 ernment by the special agent or examiner making them. The 
 usual appeals from the decision of the register and receiver 
 can be made to the Commissioner of the General Land Office 
 and the Secretary of the Interior. Upon receipt of these charges 
 the local land office will not allow entry, unless already made, 
 until the protest is removed. If the claims for patent lie 
 within a Forest Reserve, they will also be inspected by a local 
 Forest Service officer. The purpose of this examination is to 
 see that the claims are bona fide mining claims and not taken 
 
APPLICATION AND ENTRY 121 
 
 up as a cloak to fraudulently secure land for other purposes, 
 also that the allowance of patent will not prejudice the Interests 
 of the National Forests. 
 
CHAPTER XIX 
 Patent — Placer, Known Lodes Within Placers, Millsites 
 
 The subject of placers and known lodes within placers, to- 
 gether with the Statutes governing, has been treated at length 
 under the headings 'Placer Location' and 'Lodes Within Placers.' 
 Likewise, the subject of millsites has been treated under 'Mill- 
 site Location.' The Land Office regulation 59 says, concerning 
 patents on placer claims, "the proceedings for obtaining patents 
 for veins or lodes having already been fully given, it will not 
 be necessary to repeat them here, it being thought that careful 
 attention thereto by applicants and the local officers will enable 
 them to act understanding^ in the matter, and make such slight 
 modifications in the notice, or otherwise, as may be necessary 
 in view of the different nature of the two classes of claims." 
 
 Placer claims upon surveyed land and conforming to the 
 public-land surveys, require no survey nor any proceedings in 
 the surveyor-general's office. Claims not upon surveyed land 
 or not conforming to the legal subdivisions when upon surveyed 
 land, are required to be surveyed by a deputy mineral surveyor 
 under proceedings similar to the case of lode claims. Claims 
 of the first class, when described by legal subdivisions, may be 
 entered at once in the local land office for patent, after which 
 the proceedings in both cases are practically the same as with 
 lode claims. 
 
 "In placer locations, in addition to the recitals necessary in 
 and to both vein or lode and placer applications, the placer 
 application should contain, in detail, such data as will support 
 the claim that the land applied for is placer ground containing 
 valuable mineral deposits not in vein or lode formation, and 
 that title is sought not to control watercourses or to obtain 
 valuable timber, but in good faith because of the mineral therein. 
 This statement, of course, must depend upon the character of 
 122 
 
KNOWN LODES— MILLSITBS 123 
 
 the deposit and the natural features of the ground, but the 
 following details should be covered as fully as possible: If the 
 claim be for a deposit of placer gold, there must be stated the 
 yield per pan, or cubic yard, as shown by prospecting and de- 
 velopment work, distance to bedrock, formation and extent of 
 the deposit, and all other facts upon which he bases his alle- 
 gation that the claim is valuable for its deposits of placer gold. 
 If it be a building stone or other deposit than gold claimed 
 under the placer laws, he must describe fully the kind, nature, 
 and extent of the deposit, stating the reasons why same is by 
 him regarded as a valuable mineral claim. He will also be 
 required to describe fully the natural features of the claim; 
 streams, if any, must be fully described as to their course, 
 amount of water carried, fall within the claim; and he must 
 state kind and amount of timber and other vegetation thereon 
 and adaptability to mining or other uses. If the claim be all 
 placer ground, that fact must be stated in the application and 
 corroborated by accompanying proofs; if of mixed placers and 
 lodes, it should be so set out, with a description of all known 
 lodes situated within the boundaries of the claim. A specific 
 declaration, such as is required by section 2333, Revised Stat- 
 utes, must be furnished as to each lode intended to be claimed. 
 All other known lodes are, by the silence of the applicant, 
 excluded by law from all claim by him, of whatsoever nature, 
 possessory or otherwise. While this data is required as a part 
 of the mineral surveyor's report under paragraph 167, in case 
 of placers taken by special survey, it is proper that the appli- 
 cation for patent incorporate these facts under the oath of the 
 claimant. Inasmuch as in case of claims taken by legal sub- 
 divisions, no report by a mineral surveyor is required, the 
 claimant, in his application in addition to the data above re- 
 quired, should describe in detail the shafts, cuts, tunnels, or 
 other workings claimed as improvements, giving their dimen- 
 sions, value, and the course and distance thereof to the nearest 
 corner of the public surveys. As prescribed by paragraph 25, 
 this statement as to the description and value of the improve- 
 ments [the $500 expenditure for patent purposes] must be cor- 
 
124 MINING LAW 
 
 roborated by the affidavits of two disinterested witnesses." (Land 
 Office regulation 60.) 
 
 Where the claim must be surveyed for patent, the deputy 
 mineral surveyor must make a report in accordance with regu- 
 lation 167 of the Land Department: 
 
 "Mineral surveyors are required to make full examinations 
 of all placer claims at the time of the survey, and file with the 
 field notes a descriptive report, in which will be described: 
 (a) The quality and composition of the soil, and the kind and 
 amount of timber and other vegetation. (6) The locus and size 
 of streams, and such other matter as may appear upon the sur- 
 face of the claims, (c) The character and extent of all surface 
 and underground workings, whether placer or lode, for mining 
 purposes, locating and describing them. ((J) The proximity of 
 centres of trade or residence, (e) The proximity of well known 
 systems of lode deposits or of individual lodes, (f) The use 
 or adaptability of the claim for placer mining, and whether 
 water has been brought upon it in sufficient quantity to mine 
 the same, or whether it can be procured for that purpose. 
 (g) What works or expenditures have been made by the claim- 
 ant or his grantors for the development of the claim, and their 
 situation and location with respect to the same as applied for. 
 (h) The true situation of all mines, salt licks, salt springs, and 
 millsites which come to the surveyor's knowledge, or a report 
 by him that none exist on the claim, as the facts may warrant, 
 (i) Said report must be made under oath and duly corrobor- 
 ated by one or more disinterested persons." 
 
 A placer claim requires improvements to the amount of $500 
 before being patented, just as in the case of lode claims. A 
 single claim of 160 acres requires only $500 worth of work, 
 just as a smaller claim of 20 acres would. Affidavit of the 
 expenditure is made by the deputy mineral surveyor who sur- 
 veys the claim for patent, or in case of a claim by legal sub- 
 divisions and without patent survey, the affidavit of expendi- 
 ture may consist of the affidavit of two or more disinterested 
 witnesses. 
 
 Known lodes within placer claims may be patented by any 
 one locating them, whether the owner of the placer ground or 
 
KNOWN LODES— MILLSITES 125 
 
 otherwise. To patent a known lode within a placer requires 
 survey and entry just as with any other lode claim, with the 
 exception that where the land has already been applied for or 
 patented as a placer claim without excluding the lode, a hear- 
 ing will be held in the local land office to determine if the lode 
 is a known lode as contemplated by the Statute, and therefore 
 impliedly reserved from the placer patent by the Statute for the 
 benefit of whoever may locate it. 
 
 No special conditions enter into the patenting of a millsite. 
 Those attached to a lode claim may be entered with the lode 
 claim or subsequently; they may even be located after the lode 
 claim is patented. While no $500 expenditure is required upon 
 a millsite claim, those attached to a lode claim require to be 
 used for some mining and milling purpose in connection with 
 the lode claim, and those unattached to the lode claim, to have 
 an actual reduction works upon them. 
 
CHAPTER XX 
 
 Adverse Claim 
 
 R. S., Sec. 2325. * * * If no adverse claim shall have 
 been filed with the register and the receiver of the proper 
 land office at the expiration of the sixty days of publica- 
 tion, it shall be assumed that the applicant is entitled to 
 a patent, upon the payment to the proper officer of five 
 dollars per acre, and that no adverse claim exists; and 
 thereafter no objection from third parties to the issuance 
 of a patent shall be heard, except it be shown that the 
 applicant has failed to comply with the terms of this 
 chapter. 
 
 R. S., Sec. 2326. When an adverse claim is filed during 
 the period of publication, it shall be upon the oath of 
 the person or persons making the same, and shall show 
 the nature, boundaries, and extent of such adverse claim; 
 and all proceedings, except the publication of notice and 
 making and filing of the affidavit thereof, shall be stayed 
 until the controversy shall have been settled or decided 
 by a court of competent jurisdiction, or the adverse claim 
 waived. It shall be the duty of the adverse claimant, 
 within thirty days after filing his claim, to commence 
 proceedings in a court of competent jurisdiction, to de- 
 termine the question of the right of possession, and 
 prosecute the same with reasonable diligence to final 
 judgment; and a failure so to do shall be a waiver of his 
 adverse claim. After such judgment shall have been 
 rendered, the party entitled to the possession of the 
 claim, or any portion thereof, may, without giving fur- 
 ther notice, file a certified ropy of the judgment-roll with 
 the register of the land office, together with the certifi- 
 cate of the surveyor-general that the requisite amount of 
 labor has been expended or improvements made there- 
 on, and the description reauired in other cases, and shall 
 pay to the receiver five dollars per acre for his claim, 
 together with the proper fees, whereupon the whole pro- 
 ceedings and the judgment-roll shall be certified by the 
 register to the Commissioner of the General Land Office, 
 and a patent shall issue thereon for the claim, or such 
 
 126 
 
ADVERSE CLAIMS 127 
 
 portion thereof as the applicant shall appear, from the 
 decision of the court, to rightly possess. If it appears 
 from the decision of the court that several parties are 
 entitled to separate and different portions of the claim, 
 each party may pay for his portion of the claim with the 
 proper fees, and file the certificate and description by 
 the surveyor-general, whereupon the register shall cer- 
 tify the proceedings and judgment-roll to the Commis- 
 sioner of the General Land Office, as in the preceding 
 case, and patents shall issue to the several parties accord- 
 ing to their respective rights. Nothing herein contained 
 shall be construed to prevent the alienation of a title 
 conveyed by a patent for a mining claim to any person 
 whatever. 
 
 An adverse claim is the assertion of rights in all or any part 
 of the ground embraced in an application for patent, under 
 another and hostile location to the one entered for patent. It is 
 by filing an adverse claim against the application for patent, 
 that the miner retains his unpatented ground that has been 
 'jumped' or overlapped. The adverse as prepared must fully set 
 forth the nature and extent of the interference and conflict. 
 It should contain all the facts by which the adversary claims 
 the right to adverse. Accompanying must be a plat showing 
 the claims and conflict, but such survey may be made by a 
 surveyor other than a deputy mineral surveyor. If it is im- 
 possible to survey the conflict through the claims being snow- 
 bound, the same should be stated. If both the patent application 
 and adverse are by legal subdivisions, no survey or plat is re- 
 quired. The adverse will be made on the oath of the adverse 
 claimant, or his duly authorized agent or attorney in fact 
 cognizant of the facts. The adverse must be filed in the local 
 land office where the patent application is filed, during the sixty 
 days of publication of notice of application for patent, not in- 
 cluding the first day of publication. No adverse claim can be 
 received under any conditions after this period. If re-publica- 
 tion is ordered, the adverse must be re-filed. An adverse can- 
 not be enlarged through amendment or a new adverse, after the 
 publication period. If the local land office rejects the adverse 
 as being insufficient, the adversary may appeal to the Com- 
 missioner of the General Land Office at Washington, but unless 
 
128 MINING LAW 
 
 he brings suit in the courts within thirty days, just as if his 
 adverse had been accepted at the local land office, the allowance 
 of his adverse at Washington will not avail him. ' Even though 
 the land office rejects an adverse claim, if the adverse claim is 
 carried through regularly in every other way, the land office 
 will respect the, court decision, for should the court decision be 
 favorable to the adverse claimant, it would tend to show that 
 the land office was in error in not accepting the adverse. 
 
 The Government wisely avoids trying to determine the pos- 
 sessory rights ot rival claimants by requiring that the adverse 
 claimant bring suit within thirty days from date of filing ad- 
 verse, in a court of competent jurisdiction to determine the 
 question of right of possession. ' If suit is not commenced with- 
 in this time and prosecuted with reasonable diligence, the 
 right of adverse is lost. An Act was passed by Congress in 
 1910 authorizing in Alaska, the filing of adverse claims at any 
 time during the sixty days of publication or within eight months 
 thereafter, and adverse suits to be instituted within sixty days 
 after filing the adverse claims in the local land office. This Act 
 was necessitated by the fact that travel and communication are 
 almost suspended in parts of Alaska during the winter season. 
 
 The filing of adverse claims against a patent does not stay 
 the patent proceeding until after the completion of the publica- 
 tion and posting of notices and plat, and the filing of the neces- 
 sary proof thereof, when the matter must be rested, until the 
 land office is able to determine from the outcome in court of 
 the adverse cases, to what land entry should be allowed. After 
 filing the result of the court proceedings, whether non-suit, 
 abandonment, dismissal, or judgment, the patent application as 
 modified by the results of the adverse suit, will proceed in the 
 regular way. Whatever ground is awarded the adverse claim- 
 ant is, of course, removed from the patent application before 
 final entry. The adverse claimant may also file the necessary 
 patent papers and receive patent for any area awarded him, 
 whether part or all, if he has done the requisite $500 worth of 
 work. Should the adverse claimant wish to patent all of the 
 claim of which the awarded area may be a part, he will have 
 to begin new and regular patent proceedings, including survey. 
 
ADVERSE CLAIMS . 129 
 
 If the judgment of the court is that neither party is entitled 
 to the ground, no further proceedings can be made on the patent 
 application. 
 
 An adverse claim may be filed against any kind of a mineral 
 entry by another mineral location, whether of the same class 
 or not; though where the classes of locations are at variance, 
 the adverse may take on the nature of a protest, as in- the 
 case of a lode claim adversing a millsite and questioning its 
 non-mineral character. Claimants under filings or entries other 
 than mineral, instead of adversing mineral applications, protest 
 against them. A co-owner who has been excluded from the 
 application for patent by the co-owners, may adverse in his 
 own behalf, but his adverse is more in the nature of a protest 
 (see 'Protest'). 
 
 The ground which is the subject of an adverse may be ex- 
 cluded from the patent application, that it may at once proceed 
 to final entry and patent, without any rights to the ground 
 in conflict being waived. An agreement made by a patent appli- 
 cant to deed certain portions of the claim or rights, after patent 
 has been obtained, to those threatening to adverse in considera- 
 tion of no adverse being made, is sound and valid. 
 
 A lode must adverse a lode, a placer must adverse a placer, 
 and a millsite must adverse a millsite, or lose all rights to 
 the ground in conflict. A placer must adverse a lode or lose 
 the conflict area. A lode must adverse a placer or lose all 
 except 25 feet on each side of the known lode, it being protected 
 to that extent by the Statute on known lodes in placers. Known 
 lodes need not adverse placers, but it is best to do so. Tunnel 
 sites need not adverse on blind lodes cut, except where it is 
 desired to patent surface ground on such blind lodes. Lodes 
 or placers should adverse a millsite, but may also, and more 
 properly, protest. A millsite should adverse a lode or placer, 
 though it may also, and moj-e properly, protest. A co-owner may 
 adverse, but more properly protests. 
 
CHAPTER XXI 
 Protest 
 
 R. S., Sec. 2325. * * * And thereafter [after publica- 
 tion period] no objection from third parties to the issu- 
 ance of a patent shall be heard, except it be shown that 
 the applicant has failed to comply with the terms of 
 this chapter [the mining Statutes and presuming the 
 regulations of the Land Department]. 
 
 "At any time prior to the issuance of patent, protest may be 
 filed against the patenting of the claim as applied for, upon 
 any ground tending to show that the applicant has failed to 
 comply with the law, in any matter essential to a valid entry 
 under the patent proceedings. Such protest cannot, however, 
 be made the means of preserving a surface conflict lost by 
 failure to adverse, or lost by the judgment of the court in an 
 adverse suit. One holding a present joint interest in a mineral 
 location included in an application for patent, who is excluded 
 from the application, so that his interest would not be pro- 
 tected by the issue of patent thereon, may protest against the 
 issuance of a patent as applied for, setting forth in such protest 
 the nature and extent of his interest in such location, and 
 such a protestant will be deemed a party in interest entitled 
 to appeal. This results from the holding that a co-owner ex- 
 cluded from an application for patent, does not have an 'adverse' 
 claim within the meaning of sections 2325 and 2326 of the Re- 
 vised Statutes. (See Turner v. Sawyer, 150 U. S., 578-586.)"— 
 (Land Office regulation 53.) 
 
 A protest differs from an adverse in that while an adverse 
 is a question of the possessory rights of rival claimants and a 
 subject of interest to the two contending parties only, a protest 
 questions the applicant's right to receive title through not having 
 complied with the Statutes or regulations and in its being against 
 130 
 
PROTEST 131 
 
 the public policy and intention. A protest is prepared as the 
 affidavit of the protestant, setting forth the reasons why patent 
 should not be allowed. It is filed in the local land office at 
 any time after publication of notice of application for patent 
 begins, and up to the date of issuing patent at Washington. A 
 protest filed after the patent document has actually issued, 
 though it has not been delivered to the applicant, cannot be 
 acted upon. The only recourse is to have the Government begin 
 suit to set aside patent on grounds of fraud, if the facts will 
 warrant such a suit. The result of a protest, if the patent 
 applicant wishes to deny the charges and cannot do so other- 
 wise, is a hearing before the register and receiver of the local 
 land office, in which the protestant and the patent applicant 
 will be heard and a decision will be made. Protests may be 
 made by anyone, whether claiming to hold rights in the ground 
 upon which patent is being asked, or not. Parties claiming an 
 interest in the ground, adversely or otherwise, have the right 
 to appeal from the decision of the local land office to the Com- 
 missioner of the General Land Office, and from his decision to 
 the Secretary of the Interior. Protestants without interest in 
 the property have no such right of appeal. 
 
 Protests are of three classes: (1) Those claiming that the 
 mineral laws and regulations have not been fully complied with 
 to entitle applicant to patent; (2) those claiming that the land 
 is not such as to be patented as mineral entries or the class 
 of mineral' entry made;. (3) those made by a co-owner who has 
 been excluded from the patent application by the other co-owners. 
 
 A protest of the first class does not deny that the land is 
 subject to the kind of entry made, but asserts that the patent 
 applicant, not having complied with some law or regulation rela- 
 tive to patenting, should have his application rejected. If the 
 protest is sustained, the patent proceedings will be cancelled in 
 whole or part, but the applicant's possessory right is not im- 
 paired, neither is he hindered from beginning his application 
 anew or continuing it to patent, by complying with the law. 
 Such a protest may be, that the applicant is not a citizen of 
 the United States, that the notice of application for patent was 
 not properly posted, that the required amount of work has not 
 
132 MINING LAW 
 
 been done, that there is no mineral discovery, that the patent 
 survey did not keep within the location, or any similar objection 
 may be urged. Theoretically, any departure from the Statutes 
 or the regulations of the General Land Office might constitute 
 sufficient basis for a protest, but some of the Land Office rules 
 must be considered as directory rather than mandatory, and 
 consequently every trifling defect is not a sufficient basis for 
 a protest. It must be a thing of some weight. 
 
 Protests of the second class assert that the land is more val- 
 uable for some other purpose, or is not essentially of the class 
 to be secured by such entry. These occur when the mineral char- 
 acter of a lode claim or the non-mineral character of a millsite 
 is questioned. They are a frequent occurrence between agricul- 
 tural entrymen and mineral applicants or locators. The decision 
 in a hearing on one of these protests usually operates to cancel 
 the possessory right or entry of the losing claimant. 
 
 Protests of the third class, or those made by a co-owner 
 excluded from the application for patent by the other co-owners, 
 if successfully sustained, will cause the protestant to be in- 
 cluded in the application for patent to the extent of his portion. 
 If patent is already issued, the excluded co-owner should begin 
 suit in law to have his portion or right in the patent transferred 
 to him. An excluded co-owner may file an adverse in the usual 
 way, which will stay patent proceedings until his rights can 
 be litigated in court. The Land Office regulation, quoted at 
 the beginning of the chapter, assumes that such a co-owner is 
 a protestant rather than an adverse claimant. This appears 
 to be the proper view, since the Statute referring to adverse 
 claims is designed to cover questions of conflicting and hostile 
 locations, not difficulties between co-owners. Furthermore, the 
 co-owner technically protests that the patent applicant has not 
 the full possessory right necessary to entitle him to patent as 
 contemplated by law. However, the better course is for the 
 excluded co-owner to both adverse and protest. 
 
 A protest cannot be made on any grounds that were properly 
 the subject of an adverse. No rights that could have been re- 
 tained by an adverse can be directly saved by a protest. How- 
 ever, when a claimant has lost his rights, through failing to 
 
PROTEST 133 
 
 adverse at the proper time, if he can unearth some point on 
 which to protest and can successfully sustain the protest, he 
 will have a chance to adverse and preserve his rights when 
 the patent applicant makes application anew or on re-publication. 
 This is the most important point for the miner to bear in mind. 
 A relocator of a claim, basing his right on failure to do the 
 annual labor, after the publication period, as often happens 
 where the applicant unnecessarily delays making final entry, 
 protests against the final entry and patent, since he cannot 
 adverse. 
 
CHAPTER XXII 
 Patent Work 
 
 R. S., Sec. 2325. * * * The claimant, at the time of 
 filing this application, or at any time thereafter, within 
 the sixty days of publication [of notice of application 
 for patent], shall file with the register a certificate of 
 the United States surveyor-general that $500 worth of 
 labor has been expended or improvements made, upon 
 the claim by himself or grantors * * * 
 
 "If the application embraces several contiguous locations held 
 in common, that an amount equal to $500 for each location, has 
 been so expended upon and for the benefit of the entire group. 
 The expenditures required may be made from the surface, or 
 in running a tunnel, drifts, or cross-cuts for the development 
 of the claim. Improvements of any other character, such as 
 buildings, machinery, or roadways, must he excluded from the 
 estimate, unless it is shown clearly that they are associated 
 with actual excavations, such as cuts, tunnels, shafts, etc., are 
 essential to the practical development of,- and actually facilitate 
 the extraction of, mineral from the claim. Improvements made 
 by a former locator who has abandoned his claim cannot be 
 included in the estimate, but should be described and located 
 in the notes and plat. If the value of the labor and improve- 
 ments upon a mineral claim is less than $500 at the time of 
 survey, the mineral surveyor may file with the surveyor-general 
 supplemental proof showing $500 expenditure made prior to 
 the expiration of the period of publication." (Land Office regula- 
 tions J/8, 157, 158, and 160.) 
 
 The patent work, as has been stated before, may be performed 
 any time prior to expiration of publication period, and may 
 be measured up and reported to the surveyor-general and land 
 office after that period; usually it is work that was intermit- 
 134 
 
PATENT WORK 135 
 
 tently performed as the annual labor. It has been generally 
 stated that annual labor and patent work are the same, but 
 there is liable to be considerable difference between the two. 
 What will answer as patent work is satisfactory for annual 
 labor, but not necessarily the reverse. As the Land Office does 
 not determine possessory rights, it has nothing to do with 
 annual labor, and consequently, what is annual labor must be 
 obtained from the decisions of the courts, when such work has 
 been questioned. What will answer as patent work must be 
 judged from the regulations and decisions of the Land Office. 
 While the Statutes undoubtedly contemplated that annual labor 
 and patent work should be the same, there is an essential fair- 
 ness in their differences. The miner and prospector, often a 
 man of little means, who spends his time and money building 
 a cabin, trails, etc., and making other preparatory steps which 
 indirectly assist him in developing the mineral in his claim, 
 is entitled to apply the same as annual labor, and the courts 
 allow him to do so in the presence of bona ftcbe intention and 
 good faith. Nevertheless, the Land Office is right in requiring, 
 when patent is asked for a claim, that the $500 expenditure 
 shall directly, and not indirectly, tend to develop the mineral 
 contents of the ground and facilitate its extraction therefrom. 
 It should be work tending to open up the ground and leave some 
 trace of itself, such as cuts, tunnels, shafts, or quarries; in short, 
 actual development operations. About the only things that will 
 be allowed in the line of buildings are shaft-houses and head- 
 frames, since they are directly required in extracting mineral. 
 Blacksmith-shops are generally rejected, and other constructions 
 still more certainly. Roads and trails upon the actual ground 
 of the claims have been accepted where associated with actual 
 excavations, but there is a probability of their being barred in 
 the future. Expenditures for reduction works, watchmen, pump- 
 ing water, surveying where not a part of an improvement, etc., 
 are not applicable. Caved works may be applied, if clear and 
 convincing proof of their existence can be established. 
 
 Where and how the work must be done is answerable in the 
 same way as in the case of annual labor. It must tend to 
 develop the claims. Whether it does or not is a question of 
 
136 MINING LAW 
 
 fact. The work may be a common improvement for any number 
 of contiguous claims, and also for claims that are not contiguous, 
 if the common improvement will develop these claims and has 
 right-of-way. A single exception is the case of oil claims, where, 
 under the Statute, an improvement upon one claim cannot answer 
 as annual labor on more than five contiguous claims having a 
 common ownership. There is nothing to say how close a claim 
 must be situated to a shaft or tunnel to entitle it to go to 
 patent on that improvement. Whether the shaft or tunnel could 
 be considered a development of that claim, would be a question 
 in which the ideas of practical miners and engineers would pre- 
 vail. A tunnel would not be an improvement of a claim located 
 farther down the hill and below the tunnel portal. A tunnel 
 is not an improvement of a claim which it could not reach 
 through its bore or in case a drift from it in the direction of 
 the claim would come to daylight before reaching the claim. 
 
 If a claim of a group has $500 worth of work done upon it 
 in what is to be a common improvement for the group, it may 
 go to patent; the fact that the $500 has been applied as. annual 
 labor to benefit all the claims is of no weight. After performing 
 another $500 worth of work in the common improvement, the 
 next claim can be patented, and so on. Where a claim is added 
 to an existing and patented group by location or purchase, the 
 newly added claim may be patented by doing $500 worth of 
 work for it in the common improvement, if such improvement 
 can be considered a development of the new claim. This is 
 an important point, for it was formerly held that if it was 
 desired to patent, on a common improvement, a claim added 
 by the location, it would be necessary to perform in the common 
 improvement, after adding the new claim, such an amount of 
 work as, divided by the total number of claims purported to 
 be developed by the common improvement, would give the $500 
 for the new claim. 
 
 The valuation of the work, like with annual labor, is what 
 it is reasonably worth. What it actually cost, whether high 
 or low, has little weight. The work must be performed by 
 the applicant or his grantors. Work existing upon the claims 
 when located cannot be entered, except by fraud; for the appli- 
 
PATENT WORK 137 
 
 cant must make oath that work entered was performed by 
 himself or grantors. Where the claimant relocates his claim 
 to prevent others from locating it through his failure to do 
 the annual labor, it is believed, though there is no decision 
 or ruling on that point, that he has lost all prior work for patent 
 purpose. It may be said in favor of the claimant, when making 
 his patent application, that he has actually performed the work 
 he reports, and if there has been no intervening location, and 
 his relocation being more a nominal location, his rights date 
 back to the first location on the principle of resuming work. 
 Against him is the $500 expenditure implying that the work 
 must be done on the location entered for patent, and not under 
 a former location; also, that he should be penalized for trying 
 to avoid annual labor by losing for patent purposes the work 
 which he relocated. If the forfeiting owner has the right to 
 relocate his own ground just as a stranger would have, as 
 the court held in one case reported, then he should have no 
 patent rights to his old work, just as a stranger would not. 
 At any rate, the claimant should resume work on his forfeitable 
 location instead of relocating; he should make amended loca- 
 tions instead of relocations, whenever defects or changes of 
 location are to be adjusted. 
 
CHAPTER XXIII 
 
 Apex or Extralateral Right 
 
 R. S., Sec. 2322. The locators of all mining locations 
 * * * shall have the exclusive right of possession and 
 enjoyment of all the surface included within the lines 
 of their locations, and of all veins, lodes, and ledges 
 throughout their entire depth, the top or apex of which 
 lies inside of such surface lines extended downward 
 vertically, although such veins, lodes, or ledges may so 
 far depart from a perpendicular in their course down- 
 ward as to extend outside the vertical side lines of 
 such surface locations. But their right of possession 
 to such outside parts of such veins or ledges shall be 
 confined to such portions thereof as lie between ver- 
 tical planes drawn downward as above described, 
 through the end lines of their locations, so continued in 
 their own direction that such planes will intersect such 
 exterior parts of such veins or ledges. And nothing in 
 this section shall authorize the locator or possessor of 
 a vein or lode which extends in its downward course 
 beyond the vertical lines of his claim to enter upon the 
 surface of a claim owned or possessed by another. 
 
 The above is the Statute upon which the law of apex, extra- 
 lateral or subsurface right is based. There is no other Statute 
 and no other law upon the subject, except the decisions rendered 
 in apex suits. 
 
 The apex of a vein may be defined as the top; the upper end, 
 edge, or beginning; the outcrop of the vein on or nearest the 
 surface. It is not a point, as a strict interpretation of the 
 word apex might indicate, but a line, which, if it does not 
 outcrop on the surface, would do so if the overlying earth and 
 rock were sufficiently removed — that is, a blind ve.in has a 
 legal apex. The apex is the top or outcrop of the vein along 
 the strike, and more or less at right angles to the dip; it is 
 not the outcrop on the dip. It is the exposed or uppermost edge 
 of the strike, not that of the dip. 
 138 
 
EXTRALATERAL RIGHTS 139 
 
 The apex law or right to follow the vein Indefinitely on its 
 dip, was originated and put into practice by the miner, who 
 believed that the discoverer of a vein on the surface, was 
 entitled to all of the vein in depth as his reward; also, that 
 if the right to follow the vein in depth was not granted him, 
 he would of necessity have to appropriate a large amount of 
 ground on each side of the outcrop or apex of the vein, in 
 order to insure his possession of the vein in depth, which would 
 work a hardship on him in trying to hold the ground and on 
 others in preventing them from prospecting this additional area. 
 At the time the law was originated, the 'true-fissure' type of 
 quartz vein was the prominent and ruling type of orebody 
 known. Such a vein occupies a fairly regular fissure in the 
 earth, and is comparatively clear cut and well defined. It 
 may be likened to a leaf within a book. If all veins or lodes 
 were of this type, the wisdom of the apex law would be unques- 
 tioned. As mining progressed, it was found that ore deposits 
 departed more and more from the theoretical idea of a vein 
 or lode upon which the law was founded, especially in the 
 case of base-metal veins and lodes, and impregnation and re- 
 placement deposits. The questions that arose regarding the 
 apex law were of two classes. The first question was, who had 
 the apex according to the geologic facts? The Statutes, it was 
 soon evident, had made no provision for the varying conditions 
 under which apexes and claim-lines were found. Having de- 
 termined the geologic facts as to who had the apex, what deci- 
 sion should be handed down, became the second question. The 
 second question, one of law, has been answered by the various 
 court decisions covering most of the forms of apex and claim- 
 line occurrence, so that if the facts of the apex are established, 
 the law can be applied. The first question, what are the con- 
 ditions under which the vein or lode occurs and who has the 
 apex, the question of fact, can only be determined by geologic 
 investigation and engineering work, and is the more difficult 
 point in all apex suits. 
 
 Both practical and technical men are divided in their opinion 
 upon the apex law. Given an entirely new country, the majority, 
 biased by the great amount of litigation caused by the apex 
 
140 
 
 MINING LAW 
 
 law in the past, would undoubtedly decide against it; but 
 under our present conditions, it would appear that the ma- 
 jority are in favor of its continuance, since to disallow apex 
 rights to all future locations would cause endless confusion and 
 dissatisfaction. Should the apex law be repealed, those claims 
 located prior to such repeal could not be divested of their apex 
 rights. In 1905 the Philippine Mining Laws were amended by 
 the Congress of the United States to prohibit apex or extra- 
 lateral rights. 
 
 The substance of the apex law is that if the end-lines are 
 parallel to each other, and straight and unbroken, the vein 
 may be followed indefinitely on its dip outside of the side lines 
 of the claim; but only such part of the vein may be followed 
 as lies within the end lines and the prolongations of the end 
 lines on the surface, when such end lines and their prolonga- 
 tions are projected vertically downward toward the centre of 
 the earth. The parallelism of end lines is not required to 
 secure extralateral rights on patents issued before 1872, but 
 unless the end lines are parallel on locations and patents since 
 the present Act of 1872, there are no extralateral rights. In the 
 cases to be illustrated, it will be presumed that the end lines 
 are parallel in each instance. 
 
 ;V,^;-'-/Joex Right 
 NV,\v »,■ ->'.•' 
 
 /!/oe* /?/p/rr\} -Y,.~! 
 
 Fig. 19 
 
 Pig. 20 
 
 Pig. 19 and 20 represent the apex rights in a claim where 
 the vein crosses both end lines as the law contemplates. It 
 is the condition for which the apex law was framed, the other 
 rules of the apex law having been made by the decisions of 
 
EXTRALATBRAL RIGHTS 
 
 141 
 
 the courts. Where the vein crosses both side lines, the vein 
 cannot be followed beyond the side lines in a way consistent 
 with the intention of the apex law, since that would generally 
 be a case of following the vein on its strike, instead of its dip. 
 For this reason, the end lines become the side lines, and the 
 side lines become the end lines. If the intended side lines 
 are parallel, extralateral rights occur as in Fig. 21 and 22; 
 
 Fig. 21 
 
 Fig. 22 
 
 hence the advisability of always making the side lines parallel. 
 When the vein crosses one side line and one end line, the 
 end lines still remain the end lines for extralateral right pur- 
 poses. The right to follow the vein beyond the side lines is 
 confined to the part of the vein which apexes within the claim, 
 and ends where the vein crosses the side line as shown in Fig. 
 23 and 24. In case a vein crosses an end line and terminates 
 
 Fig 23 
 
 
 Fig. 24 
 
 within the claim, the rights are as in Fig. 25. An application 
 of this principle would lead, in the case of a vein crossing a 
 side line and terminating within the claim, to the rights shown 
 in Fig. 26; and in the case of a vein or orebody having both 
 
142 
 
 MINING LAW 
 
 of its terminations within the claim, to those rights shown 
 in Pig. 27 and 28. 
 
 Pig. 25 
 
 Pig. 26 
 
 Pig. 27 
 
 Fig. 28 
 
 In Pig. 29 the question is, who would have the dip rights 
 not obtained by A and B — the ground lying between? It would 
 probably go to the owner of C, who, although not having any of 
 the true apex of the vein, would have a theoretical apex be- 
 tween A and B along d e f, where the apex rights of A and B 
 terminate by reason of the direction of their end lines. 
 
 Pig. 29 
 
 In the previous cases it is the 'principal', the 'discovery', 
 or 'original' vein that is discussed. The question then comes, 
 what are the rights on another or secondary vein apexing in 
 the same claim? Shall its rights be decided by its own facts, 
 or shall they be contingent upon the facts and rights of the 
 discovery or original vein? It appears that they will be con- 
 tingent upon the discovery or original vein, in so far as such 
 discovery vein determines which shall be the end lines and 
 which the side lines for apex purposes; but as a pronounced 
 
BXTRALATERAL RIGHTS 143 
 
 following of the secondary vein on its dip would be obnoxious, 
 except conformable to the main workings, there would be no 
 apex rights on a secondary vein that did not dip in harmony 
 with its discovery or principal vein. 
 
 Where a broad vein apexes in breadth, partly upon each of 
 two adjoining claims, that is, when the joint boundary line 
 of the claims splits the apex, the extralateral rights go to the 
 senior locator. The locator has the right to follow the vein 
 to which he has extralateral rights, into the ground of all min- 
 eral locations and entries, whether patented or unpatented, 
 whether of an earlier or a later location than his own; but 
 he must follow the vein from his own ground. The Statute 
 quoted before grants him no right to sink, tunnel, or drift 
 through his neighbor's ground, to locate or cut his own vein, 
 but it would appear that this right can be acquired in most 
 States under condemnation or eminent domain proceedings. 
 When land has been entered or patented as agricultural or 
 other nonmineral ground, all mineral eventually found within 
 the boundaries extended vertically downward belongs to the 
 agricultural owner, but there are no apex rights, and the owner 
 cannot follow any vein outside his vertical boundaries, for the 
 Statutes give that right only to "the locators of mining loca- 
 tions" on such locations. 
 
 It is presumed that the miner may locate the theoretical 
 apex where the vein dips out of the agricultural patent on its 
 downward course, and obtain apex rights, for it is held that, 
 for the purpose of exploration, discovery, and purchase, the 
 legal apex of a vein that dips out of ground disposed of under 
 the placer or nonmineral laws is that portion of the vein 
 within the public lands which would constitute its actual apex 
 if the vein had no actual existence in the ground disposed of. 
 An agricultural entry on public land is made subject to any 
 accrued rights, and consequently the vein of a location older 
 than the agricultural entry or patent, may be followed into 
 the agricultural land. A location made subsequent to the issu- 
 ance of agricultural patent confers no right to follow its vein 
 into the agricultural ground, but the status of a piece of agri- 
 cultural land between the time the first rights were initiated 
 
144 
 
 MINING LAW 
 
 on it under the agricultural land laws and the time of making 
 final proof and receiving the receiver's receipt preliminary to 
 the issuing of patent is not known; apparently, any location 
 made before the issuance of the receiver's receipt would have 
 extralateral rights into the agricultural land. 
 
 The apex rights of a blanket or flat vein depend upon how 
 clear is the proof of the vein dipping. Apex rights are not 
 allowed on the outcrop of the dip, only on the apex or outcrop 
 of the strike. It is usually hard, in the case of flat veins, to 
 say what is the strike and what is the dip, and in such cases 
 no apex rights are allowed. Speaking generally, there must 
 be a substantial dip before apex rights will be allowed. How 
 much dip is required cannot be said. Deposits which require 
 to be located as placers have no apex rights. Known lodes in 
 placers have dip rights, but other lodes in placers have not. 
 
 Intersecting and Uniting Veins 
 
 R. S., Sec. 2336. Where two or more veins intersect 
 or cross each other, priority of title shall govern, and 
 such prior location shall be entitled to all ore or mineral 
 contained within the space of intersection; but the sub- 
 sequent location shall have the right of way through 
 the space of intersection, for the purposes of the con- 
 venient working of the mine. And where two or more 
 veins unite, the oldest or prior location shall take the 
 vein below the point of union, including all the space 
 of intersection. 
 
 The above needs no explanation. The same rules govern in 
 
 Fig. 30 
 
EXTRALATERAL RIGHTS 
 
 145 
 
 the conflict of apex rights as shown in Pig. 30, where the 
 senior location takes the part of the vein in conflict, while 
 the junior location has the right to pass through the conflict 
 area to its part of the vein beyond. Pig. 31 shows the case 
 
 Af>eX 
 
 Apei 
 
 
 4- 
 
 
 ■Senior 
 
 Location 
 
 ■m* i 
 
 i Junior 
 
 Location 
 
 Pig. 31 
 
 of two veins uniting in depth. Claimants under each location 
 may follow the vein apexing in its ground until they unite to 
 continue as one vein, when the senior locator has all the rights 
 to this one vein as it continues in depth. 
 
CHAPTER XXIV 
 Coal Land 
 
 R. S., Sec. 2347. Every person above the age of 
 twenty-one years, who is a citizen of the United States, 
 or who has declared his intention to become such, or 
 any association of persons severally qualified as above, 
 shall, upon application to the register of the proper 
 land office, have the right to enter, by legal subdivisions, 
 any quantity of vacant coal lands of the United States 
 not otherwise appropriated or reserved by competent 
 authority, not exceeding one hundred and sixty acres to 
 such individual person, or three hundred and twenty 
 acres to such association, upon payment to the receiver 
 of not less than ten dollars per acre for such lands, 
 where the same shall be situated more than fifteen 
 miles from any completed railroad, and not less than 
 twenty dollars per acre for such lands as shall he within 
 fifteen miles of such road. 
 
 R. S., Sec. 2348. Any person or association of persons 
 severally qualified, as above provided, who have opened 
 and improved, or shall hereafter open and improve, any 
 coal mine or mines upon the public lands, and shall be 
 in actual possession of the same, shall be entitled to 
 a preference right of entry, under the preceding section, 
 of the mines so opened and improved; provided, that 
 when any association of not less than four persons sev- 
 erally qualified as above specified, shall have expended 
 not less than five thousand dollars in working and im- 
 proving any such mine or mines, such association may 
 enter not exceeding six hundred and forty acres, includ- 
 ing such mining improvements. 
 
 R. S., Sec. 2349. All claims under the preceding sec- 
 tion must be presented to the register of the proper 
 land district within sixty days after the date of actual 
 possession and the commencement of improvements on 
 the land, by the filing of a declaratory statement there- 
 for; but when the township plat is not on file at the 
 date of such improvement, filing must be made within 
 sixty days from the receipt of such plat at the district 
 office; and where the improvements shall have been 
 
 146 
 
COAL LAND 147 
 
 made prior to the expiration of three months from the 
 third day of March, 1873, sixty days from the expira- 
 tion of such three months shall be allowed for the filing 
 of a declaratory statement, and no sale under the pro- 
 visions of this section shall be allowed until the expira- 
 tion of six months from the third day of March, 1873. 
 
 R. S., Sec. 2350. The three preceding sections shall 
 be held to authorize only one entry by the same person 
 or association of persons; and no association of persons, 
 any member of which shall have taken the benefit of 
 such sections, either as an individual or as a member 
 of any other association, shall enter or hold any other 
 lands under the provisions thereof; and no member of 
 any association which shall have taken the benefit of 
 such sections, shall enter or hold any other lands under 
 their provisions; and all persons claiming under sec- 
 tion 2348 shall be required to prove their respective 
 rights and pay for the lands filed upon, within one year 
 from the time prescribed for filing their respective 
 claims; and upon failure to file the proper notice, or 
 pay for the land within the required period, the same 
 shall be subject to entry by any other qualified applicant. 
 
 R. S., Sec. 2351. In case of conflicting claims upon 
 coal lands, where the improvements shall be commenced 
 after the third day of March, 1873, priority of possession 
 and improvement, followed by proper filing and con- 
 tinued good faith, shall determine the preference right 
 to purchase. And also, where improvements have al- 
 ready been made prior to the third day o'f March, 1873, 
 division of the land claimed may be made by legal 
 subdivisions, to include, as near as may be, the valuable 
 improvements of the respective parties. The Commis- 
 sioner of the General Land Office is authorized to issue 
 all needful rules and regulations for carrying into effect 
 the provisions of this and the four preceding sections. 
 
 R. S., Sec. 2352. Nothing in the five preceding sec- 
 tions shall be construed to destroy or impair any rights 
 which may have attached prior to the third day of 
 March, 1873, or to authorize the sale of lands valuable 
 for mines of gold, silver, or copper. 
 
 The above are the Federal Statutes relating to the sale of 
 coal lands in the United States; they, with some amendments 
 which will not be treated herein, have been extended to Alaska. 
 An individual over twenty-one years of age, who is a citizen 
 of the United States, or has announced his intention to become 
 
148 MINING LAW 
 
 such, may, enter not to exceed 160 acres of coal land. An asso- 
 ciation of persons or a corporation may enter 320 acres. An 
 association or corporation of not less than four persons, who have 
 expended not less than $5,000 in working and improving their 
 mines, may enter not to exceed 640 acres. The right to enter 
 coal lands may be exercised once only, whether as an individual 
 or as a member of an association or corporation, no matter if 
 the entry is of the maximum size or less. No corporation or 
 association which contains a member who has exercised his right 
 individually or as an association member may make an entry. 
 The minimum price is $10 per acre for coal lands more than 
 fifteen miles from a completed railroad, and $20 per acre when 
 within that distance. 
 
 Two methods of purchasing coal lands are provided. The 
 first is by what is known as a 'cash entry.' The procedure 
 is to file an application in the local land office by legal sub- 
 divisions, consequently it can be made upon surveyed land only. 
 The application is published in a newspaper nearest the land; 
 it is also posted in a conspicuous spot on the land and in 
 the land office, as a notice to those who may wish to adverse 
 or protest. Thirty days of posting and publication are required. 
 Within thirty days of the expiration of publication period, appli- 
 cant must file proofs of publication and posting, and tender the 
 purchase price of the land, resulting eventually in patent to 
 the land. 
 
 The second method of purchase is by initiating and main- 
 taining a 'preference right of entry' to be followed by a cash 
 entry. The applicant initiates a preference right of entry by 
 beginning improvements upon the land, which must be actual 
 bona fide work and open up a mine or mines of coal. To main- 
 tain and preserve a preference right of entry, the applicant 
 must, within sixty days of exposing coal and beginning its 
 improvement, if upon surveyed land, or if upon unsurveyed 
 land then within sixty days of the filing of township plat in 
 the local land office, file a declaratory statement in the local 
 land office. The declaratory statement is to the effect that 
 applicant has entered upon the land, begun improvements, and 
 intends to purchase the land. Within one year after the expira- 
 
COAL LAND 149 
 
 tion- of the period for filing the declaratory statement, the appli- 
 cant must file application to purchase land and thereafter pro- 
 ceed as in the case of a cash entry. Applicants for coal lands 
 that are unsurveyed may secure the surveys necessary for 
 entry through application to the surveyor-general. 
 
 Up to July 1906 coal lands were disposed of at the minimum 
 price of $10 and $20 per acre. At that date and since, large 
 areas reported to contain coal have been withdrawn from all 
 forms of entry. These withdrawn areas have been or are being 
 classified by the "United States Geological Survey through field 
 examination into coal and noncoal lands, and restored to entry 
 as fast as possible. Those classified as coal lands were formerly 
 subject to such entry only, excepting mineral locations for other 
 minerals, and at the valuation per acre placed upon them by 
 the Geological Survey. They may now . be filed upon for coal 
 at the valuation set, or the surface only obtained by an agri- 
 cultural entry relinquishing the coal to the Government, which 
 may dispose of it to other parties. 
 
 The basis of the valuation made by the Geological Survey 
 is contained in the 'Regulations regarding the classification and 
 valuation of coal lands, as approved to June 6, 1910, by the 
 Secretary of the Interior,' as follows: 
 
 (1) For the purposes of classification and valuation, coal 
 deposits shall be divided into four classes: (a) Anthracite, 
 semi-anthracite, coking, and blacksmithing coals; (6) high- 
 grade bituminous noncoking c.oals having a fuel value of not 
 less than 12,000 B.T.U. on an unweathered air-dried sample; 
 (c) bituminous coals having a fuel value of less than 12,000 
 B.T.U. on an unweathered air-dried sample, and high-grade sub- 
 bituminous coals having a fuel value of more than 9,500 B.T.U. 
 on an unweathered air-dried sample; (d) low-grade sub-bitu- 
 minous coals having a fuel value below 9,500 B.T.U. on an 
 unweathered air-dried sample, and all lignite coals. 
 
 (2) Lands underlain by coal beds which contain 14 inches 
 or over of clean coal, exclusive of partings, shall be classified 
 as coal land where the coal shows a calorific value of 10,500 
 B. T. U. or over on an unweathered air-dried sample; for coals 
 having a less calorific value the minimum thickness shall be 
 
150 MINING LAW 
 
 increased one inch for every decrease of 100 B.T.U. below 10,500. 
 Thus, the minimum thickness of a coal having a B.T.U. value 
 of 8,500 on an unweathered air-dried sample will be 34 inches. 
 
 (3) Lands containing coals of classes a and 6 of any thick- 
 ness at depths greater than 3,000 ft. shall be classified as non- 
 coal lands, except where the coal lies within three miles of 
 a point where it can be reached by a 3,000-ft. shaft and the 
 depth to the coal from the mouth of the shaft does not exceed 
 3,000 ft, or where the coal lies within six miles of the outcrop 
 if the bed is horizontal, which distance shall be decreased with 
 increasing dip to a limit of 3,000 ft. from the outcrop which 
 shall apply if the bed dips over 45°, provided that in no case 
 shall land containing coals of grades o and 6 be classed as 
 coal land if the depth from the point of accessibility exceeds 
 3,000 feet. 
 
 (4) Lands containing coals of class c of any thickness at 
 a depth greater than 2,000 ft. shall be classed as noncoal lands, 
 except where the coal lies within two miles of a point where 
 it can be reached by a 2,000-ft. shaft and the depth to the 
 coal from the mouth of the shaft does not exceed 2,000 ft., or 
 where the coal lies within four miles of the outcrop if the bed 
 is horizontal, which distance shall be decreased with increasing 
 dip to a limit of 2,000 ft. from the outcrop which shall apply 
 if the bed dips over 45°, provided that in no case shall lands 
 containing coals of grade c be classed as coal land if the depth 
 from the point of accessibility exceeds 2,000 feet. 
 
 (5) Lands containing coals of class d of any thickness at 
 a depth greater than 500 ft. shall be classed as noncoal, except 
 where the coal lies within one mile of a point where it can 
 be reached by a 500-ft. shaft and the depth to the coal from 
 the mouth of the shaft does not exceed 500 ft., or where the 
 coal lies within one mile of the outcrop if the bed is horizontal, 
 which distance shall be decreased with increasing dip to a 
 limit of 500 ft. from the outcrop which shall apply if the bed 
 dips over 45°, provided that in no case shall lands containing 
 coals of grade d be classed as coal land if the depth from the 
 point of accessibility exceeds 500 feet. 
 
 (6) The price of coal lands of classes a, 6, and c shall be 
 
COAL LAND 151 
 
 determined on th"e basis of the estimated tonnage at the rate 
 of one-half to one cent per estimated ton for class c; one to 
 two cents per ton for class 6; and two to three cents per esti- 
 mated ton for class a, when the lands are within fifteen miles 
 of a completed railroad, and half that much when at a greater 
 distance, hut the price shall in no case exceed $300 per acre, 
 except in districts which contain large coal mines, where the 
 character and extent of the coal are well known to the pur- 
 chaser. When, however, topographic conditions affect the acces- 
 sibility of the coal, the land within the fifteen-mile limit may 
 be given a lower valuation, but in no case shall it be placed 
 at less than the minimum, and a graded allowance may be made 
 for increasing depth with the same restrictions. 
 
 (7) The rates per ton in the preceding paragraph are based 
 on the assumption that only one bed of coal is present. If 
 more than one bed occurs in any tract of land, in such rela- 
 tionship that the mining of one will not necessarily distnrb 
 the other, then for the second bed there shall be added to the 
 price of the first bed, 60% of the value of the second bed accord- 
 ing to the schedule; 40% of the value of the third, and 30% 
 of the value of each additional bed, but the estimated price 
 for coal land shall in no case exceed $300 per acre, except in 
 districts which contain large coal mines where the character 
 and extent of the coal deposits are well known to the purchaser. 
 Where a bed is over 15 ft. thick, the normal value shall be 
 placed only on 15 ft. thick; the next 15 ft. or part thereof shall 
 be valued at 60% of the normal; and the rest of the bed at 
 30% of the normal. 
 
 (8) The tonnage shall be estimated for the purpose of valu- 
 ation on the basis of 1,000 tons of recovery per acre-foot. 
 
 (9) The coal price of lands of class d shall be the minimum 
 provided by law, $20 per acre when within fifteen milns of 
 a railroad, and $10 per acre when at a greater distance. 
 
 (10) In all valuations of coal lands, any special conditions 
 enhancing the value of the land for coal-mining purposes shall 
 be taken into consideration. 
 
 (11) When only a part of a smallest legal subdivision is 
 underlain by coal, the price per acre shall be fixed by dividing 
 
152 MINING LAW 
 
 the total estimated coal values by the number of acres in the 
 subdivision, but in no case shall this be less than the minimum 
 provided by law. 
 
 (12) When lands which were at time of classification more 
 than fifteen miles from a railroad, are brought within the fifteen- 
 mile limit by the beginning of operation of a new road, all 
 values given in the original classification shall be doubled by 
 the register and receiver. 
 
 (13) Except in cases of entries now pending or entries made 
 prior to classification, review of classification or valuation may 
 be had only upon application therefor to the Secretary of the 
 Interior, accompanied by a showing clearly and specifically set- 
 ting forth conditions not existing or known at time of exam- 
 ination. 
 
 Persons desiring to make an agricultural or non-mineral entry 
 on land classified as coal, may ask for reclassification by pre- 
 senting evidence to show that the coal classification is errone- 
 ous. If a reclassification is denied, they may ask for a hearing 
 in the local land office to overthrow the existing classification, 
 at which they must assume the burden of proof, the defense 
 of the coal classification being made for the Government by 
 the Field Service of the General Land Office. If, as a result 
 of a reclassification or a hearing, the land is decided to be non- 
 coal, nonmineral filings and entries may be made. However, 
 the classification by the Geological Survey has not been a per- 
 functory and nominal one, but is a result of thorough and 
 careful investigation by geologists well trained in the work. 
 
 The title to land entered and patented as agricultural or 
 nonmineral land, but which before final proof for patent was 
 made, was classified, claimed, or reported to be valuable for 
 coal, is subject to attack by the Government in its efforts to 
 recover the coal, within the six years from date of patent as 
 prescribed by the Statute of Limitations. To provide relief 
 for those who in good faith took up land under the nonmineral 
 laws, which was classified, claimed, or reported to be valuable 
 for coal, not before filing was made, but after and before final 
 proof, an Act was passed in 1909 enabling the nonmineral entry- 
 man to relinquish the coal to the United States and receive the 
 
COAL LAND 153 
 
 surface, subject to the right of the party who may purchase 
 the coal from the United States, to enter and remove the coal 
 after providing for payment of all damages that may be caused 
 the surface owner. The nonmineral entryman may choose to 
 deny the existence of coal. This will result in a land office 
 hearing or contest, where the burden of proof is on the Gov- 
 ernment, since the nonmineral filing establishes or classifies 
 the land as nonmineral. Should the fact that the land is coal 
 land be established in the contest, the entryman may still 
 relinquish the coal to the United States and receive the surface, 
 notwithstanding the bad faith he has shown by not doing so 
 at once. The scope of the above law separating the surface of 
 the land from the coal underneath was extended in 1910 so 
 that an agricultural or nonmineral entry, reserving the coal 
 to the United States, may be made upon land classified as coal 
 or withdrawn pending such classification. This law throws open 
 to occupation and purchase under the agricultural and nonmin- 
 eral laws large areas that were heretofore subject to entry as 
 coal land only, or completely withdrawn from entry for the 
 time being. Land entered under the nonmineral laws, which 
 has been claimed, reported, or found valuable for coal after 
 final proof upon an agricultural entry, and not before, cannot 
 be recovered by the Government. 
 
CHAPTER XXV 
 Timber and Stone Act 
 
 While building stone, both upon surveyed and unsurveyed 
 land, may be taken up as placer claims, it may also be taken 
 up under the Timber and Stone Act when upon surveyed land. 
 Timber or stone land, to come under the provisions of this law, 
 must be surveyed land in the public-land States, excluding 
 Alaska, Arizona, and New Mexico. It must contain no mining 
 claim or constructive entry; that is, must be unoccupied. The 
 land must be nonmineral to the extent of not warranting de- 
 velopment for mineral purposes. Trees suitable for construction 
 purposes of any nature are regarded as timber. Trees fit for 
 fuel only, are not so regarded- and land so forested is not sub- 
 ject to entry under this law. Land more valuable for its timber 
 or stone than for cultivation, is subject to this entry, even 
 though it have some value for cultivation before or after re- 
 moval of the timber or stone. Entry cannot be made under 
 this guise for land more valuable for other purposes or essen- 
 tially intended for other purposes. 
 
 An individual over 21 years of age, who is a citizen of the 
 United States or has announced his intention to become such, 
 may make one entry only of a maximum size of 160 acres; 
 provided he has not acquired, or is claiming, since August 30, 
 1890, under the nonmineral laws an amount of public land, 
 which, together with the timber and stone entry, would exceed 
 320 acres. An association or incorporation, whose members or 
 stockholders are so qualified, may also make entry. The appli- 
 cant must file an application by contiguous legal subdivisions 
 in the local land office. The application states the qualifications 
 of the applicant and that he has examined the land within 
 thirty days', also its condition and probable value. This is 
 accompanied by a filing fee of $10. If the application is ac- 
 154 
 
TIMBER AND STONE ACT 155 
 
 cepted, the land will be appraised, by a timber cruiser or other 
 employee of the Field Service. Within thirty days after the 
 appraisement, or lapse of the nine months appraisement period, 
 applicant must tender the appraised price, or the valuation made 
 in his application if no appraisement is made, which must not 
 be less than $2.50 per acre. Facilities are provided for re- 
 appraisement where protest is made. After payment of purchase 
 price, a date will be set for final proof. Notice that this final 
 proof will be made is posted in the local land office and pub- 
 lished in a newspaper nearest the land for the sixty days prior 
 to the day set for final proof. After final proof, if there are 
 no protests or adverses pending, entry will be allowed, and 
 patent will eventually issue. Protests may be made any time 
 before final entry is allowed, and contests may be filed at any 
 time before patent issues. 
 
CHAPTER XXVI 
 Use of Timber on Public Land 
 
 OX MINERAL LAKD 
 
 ACT OP CONGRESS: That all citizens of the United 
 States and other persons, ~bona fide residents of the state 
 of Colorado or Nevada, or either of the territories of 
 New Mexico, Arizona, Utah, Wyoming, [North and 
 South] Dakota, Idaho, or Montana, and all other min- 
 eral districts of the United States', shall be, and are 
 hereby, authorized and permitted to fell and remove, 
 for building, agricultural, mining, or other domestic 
 purposes, any timber or other trees growing or being 
 on the public lands, said lands being mineral, and not 
 subject to entry under existing laws of the United States, 
 except for mineral entry, in either of said states, terri- 
 tories or districts of which such citizens or persons may 
 be at the time bona fide citizens, subject to such rules 
 and regulations as the Secretary of the Interior may 
 prescribe for the protection of the timber and of the 
 undergrowth growing upon such lands, and for other 
 purposes; provided, the provisions of this Act shall not 
 extend to railroad corporations. 
 
 The miner may cut from his locations upon public land (exclud- 
 ing land in the National Forests) without asking for a permit, 
 all the timber necessary in his mining and development opera- 
 tions; but as he is only an occupant operating under a license, 
 although owning the mineral under his possessory right, he 
 does not own the timber so as to be able to make whatever 
 disposition of it he wishes, until the issuance of the receiver's 
 receipt in the process of patenting the claim. Up to the issu- 
 ance of the receiver's receipt, he cannot sell any timber from 
 his claim; and it appears that he cannot lawfully cut timber 
 from his locations, without a permit, for other purpose than 
 that connected with their development and the milling, smelt- 
 ing, or reduction of his ores. Though the surplus of timber cut 
 156 
 
TIMBER ON PUBLIC LAND 157 
 
 in clearing the land necessary for mining and occupation pur- 
 poses, may be sold or used, such cutting should be done under 
 bona fide conditions. 
 
 The above Statute refers only to the States mentioned, and 
 not to the other mining-law States referred to in this work — 
 California, Oregon, Washington, and the District of Alaska. 
 A similar provision has been separately provided for Alaska. 
 The Statute by the clause, "and all other mineral districts of 
 the United States", undoubtedly meant to include the mineral 
 lands of California, Oregon, and Washington, but owing to the 
 fact that such a construction would have led to the cutting 
 of large quantities of public timber for commercial purposes 
 and against the intent of the Statute, the Department of the 
 Interior and the courts have held the clause to be surplusage 
 and without weight. The Act applies only to lands subject to 
 mineral entries. Lands subject to mineral entry are lands 
 known to contain such deposits of mineral as warrant a prudent 
 person in expending his time and money in the reasonable ex- 
 pectation of developing a mine thereon. 
 
 Application for permit to cut timber without charge in accord- 
 ance with the above Act, must be presented or mailed to the 
 register and receiver of the local land office, or the Chief of 
 Field Division having jurisdiction over the land, who will supply 
 application forms upon request. Application shall set forth 
 names and legal residences of persons applying to fell and re- 
 move timber, names and residences of persons who are to use 
 the timber, amount of timber required for each person, and 
 the use to be made thereof, date it is desired to begin cutting, 
 and description of land to be cut over. No timber may be cut 
 for sale or transported from or used out of the State in which 
 it is cut. Persons who commence cutting before their permits 
 receive the final approval of the Commissioner of the General 
 Land Office, will be liable for a reasonable stumpage if the 
 permits are not approved. Where permits are secured by fraud, 
 or immature trees are taken, or timber is not used or taken 
 in accordance with the terms of the law, the Government will 
 enforce civil and criminal liabilities as in other cases of timber 
 trespass upon public land. These may range from the stumpage 
 
158 MINING LAW 
 
 value of the timber cut in the case of an unintentional trespass 
 to the value of the timber where found, and a fine not exceeding 
 $500; to which may be added imprisonment for six months, in 
 case of wilful and malicious timber trespass. There is no 
 authorization to cut any small or limited amount of timber 
 under the above Act without a permit. The Government, of 
 course, has no jurisdiction over the timber on patented claims 
 or land. 
 
 ON NONMINERAL LAND 
 
 ACT OF CONGRESS: And in the states of Colorado, 
 Montana, Idaho, North Dakota, South Dakota, Wyoming, 
 and the District of Alaska, and the gold and silver re- 
 gions of Nevada and the territory of Utah, [and amended 
 to include New Mexico, Arizona, California, Oregon, and 
 Washington] in any criminal prosecution or civil action 
 by the United States for a trespass on such public tim- 
 ber lands, or to recover timber or lumber cut thereon, 
 it shall be a defense if the defendant shall show that 
 the said timber was so cut or removed from the timber 
 lands for use in such state or territory by a resident 
 thereof for agricultural, mining, manufacturing, or 
 domestic purposes, under rules and regulations made 
 and prescribed by the Secretary of the Interior, and 
 has not been transported out of the same; but nothing 
 herein contained shall operate to enlarge the rights of 
 any railway company to cut timber on the public 
 domain, provided that the Secretary of the Interior 
 shall make suitable rules and regulations to carry out 
 the provisions of this Act; and he may designate the 
 sections or tracts of land where timber may he cut; 
 and it shall not be lawful to cut or remove any timber 
 except as may be prescribed by such rules and regula- 
 tions; but this Act shall not operate to repeal the Act 
 of June third, eighteen hundred and seventy-eight, pro- 
 viding for the cutting of timber on mineral lands. (See 
 p. 156.) 
 
 The intention of the above Act is to enable settlers upon 
 public lands and other residents within the States mentioned — 
 which include all of the mining-law States as treated in this 
 work — to secure from public lands of a nonmineral character, 
 timber or lumber for agricultural, mining, manufacturing, or 
 domestic purposes, for use in the State obtained, under rules 
 
TIMBER ON PUBLIC LAND 159 
 
 and regulations prescribed by the Secretary of the Interior. 
 Such timber or lumber cannot, however, be taken for sale or 
 disposal, for use by other persons, or for export from the State 
 in which cut. Timber or lumber to a stumpage value of $50 
 a year can be cut without a permit, which is in contrast to 
 the case of cutting on mineral lands where application should 
 be made to cut any appreciable amount. A permit to cut to 
 exceed a stumpage value of $50 per year without charge, can 
 be obtained as on mineral lands. In cases where qualified 
 persons are not in a position to procure timber from public 
 lands themselves, it is allowable to. them to secure the cutting, 
 removing, sawing, or other manufacture of the timber through 
 the medium of others upon an agreement with the parties thus 
 acting as their agents that they shall be paid a sufficient sum 
 only to cover their time, labor, and- other legitimate expenses 
 incurred in connection therewith, exclusive of any charge for 
 the timber itself; but no person, whether acting for himself, as 
 an agent for another, or otherwise, will be permitted to cut 
 or remove in any one year, timber or lumber to an amount 
 exceeding in stumpage value $50, except upon the granting 
 of a permit. 
 
 A homesteader is entitled to use all the timber from his 
 entry necessary to work his land, but before making final 
 proof can dispose of none except the surplus made in the neces- 
 sary clearing of his land for bona fide cultivation. 
 
 It is important to note that a corporation, mining or other- 
 wise, cannot obtain timber under the laws herein discussed, 
 either for mineral or nonmineral ground, unless it is organized 
 and chartered under the laws of the State in which it wishes 
 to cut timber. This arises from the facts that both Statutes 
 read that only residents of a State may cut timber in it, and 
 that corporations chartered outside of a State are considered 
 as foreign or nonresident corporations or legal individuals. 
 Timber trespass suits of considerable magnitude have been suc- 
 cessfully prosecuted on this point by the Government, notwith- 
 standing that it appears in the light of an unjust technicality. 
 The law that timber cannot be cut in one State to be used in 
 another is strictly enforceable, even though it . is to be used 
 
160 MINING LAW 
 
 in the same district, as in the case of a district lying partly 
 in two States. 
 
 If the necessary timber cannot be secured under the preceding 
 two laws, or lawfully taken from valid locations, the only re- 
 course is to purchase it in the open market, off of patented 
 land, or from the Forest Service; to patent a piece of land for 
 the timber; or to file on a piece of public timber land under 
 a Timber and Stone entry. 
 
 TIMBER IN ALASKA 
 
 Actual settlers, residents, individual miners, and prospectors 
 for minerals, not associations or corporations, may take timber 
 from the public lands in Alaska for firewood, fencing, buildings, 
 mining, prospecting, or other domestic purposes, without charge 
 and without application or previous permit, the amount not 
 to exceed a stumpage value of $50 in any one calendar year. 
 No timber may be sold, but an agent may be employed to cut 
 it. Application to purchase timber to be cut for use in Alaska, 
 but not for export, may be made to the receiver of the local 
 land office for the district, to be acted upon similar to applica- 
 tions to cut timber in ,the United States. 
 
CHAPTER XXVII 
 
 Timber and Mines Within National Forests 
 
 ACT OF CONGRESS: * * * Nor shall anything 
 herein prohibit any person from entering upon such 
 forest reservations for all proper and lawful purposes, 
 including that of prospecting, locating, and developing 
 the mineral resources thereof. Provided, that such per- * 
 sons comply with the rules and regulations covering 
 such forest reservation. * * * And any mineral lands 
 in any forest reservation, which have been or which 
 may be shown to be such, and subject to entry under 
 the existing mining laws of the United States, and the 
 rules and regulations applying thereto, shall continue 
 to be subject to such location and entry. 
 
 The Forest Reserves or National Forests, as they are more 
 formally and properly known — since the term Forest Reserve is 
 now obsolete officially — are tracts of government land wholly 
 or partly covered with timber or undergrowth, that have been 
 set aside by Congress or the President of the United States. 
 These tracts have been withdrawn from entry to preserve a per- 
 petual supply of timber, to prevent destruction of the forest 
 cover which regulates the flow of streams, to protect local resi- 
 dents from unfair competition in the use of forest and range, to 
 conserve the live-stock range from deterioration, and to lessen 
 the loss and danger from forest fires. The National Forests are 
 under the jurisdiction of both the Secretary of the Interior and 
 the Secretary of Agriculture, but the authority and jurisdiction 
 of each is separate and distinct. The Department of the In- 
 terior, as represented mainly by the General Land Office, has 
 entire jurisdiction in surveying and passing title and permanent 
 rights or easements to land within National Forests, just as it 
 has over public land in general. The Department of Agriculture, 
 as represented by the Forest Service, has entire jurisdiction re- 
 
 161 
 
162 MINING LAW 
 
 garding the care and conduct of National Forests, and the grant- 
 ing of permits for the occupancy of lands and the uses of the 
 resources of the National Forests, that do not affect or cloud the 
 fee title to the land. Forests and timber belonging to the Gov- 
 ernment, which are outside of National Forests, are in no way 
 connected with the National Forests, and are not under any 
 jurisdiction of the Forest Service, but solely under that of the 
 Department of the Interior through the General Land Office 
 mainly, just as any other unreserved public land. 
 
 By the Statute quoted, it is provided that prospecting and 
 mining may be carried on within National Forests, under the 
 provisions of the Federal Statutes, Land Department regula- 
 tions, State statutes, and district rules, just as on public domain 
 outside of the National Forests, except that the rules and regu- 
 lations covering such National Forests must be complied with 
 additionally. Townsites may be obtained under the townsite 
 laws and regulations, by first having the area to be located as a 
 townsite removed from the National Forest by proclamation or 
 executive order of the President; as this is a rather difficult 
 procedure, townsites and camp sites about mines in National 
 Forests are usually located as mining and millsite claims. The 
 National Forests are open to no location other than mineral — 
 which includes the location of coal under the coal-land laws — 
 except homestead entries upon agricultural land under a special 
 Act. Permits are necessary for all occupancy, use, operation, or 
 enterprises of any kind within National Forests, except upon 
 patented lands or claims, upon valid locations for purposes neces- 
 sary to their actual development and consistent with their 
 character, and except for prospecting for mineral, transient 
 camping, hunting, fishing, exploration, and surveying for lawful 
 projects. All persons must secure permits before grazing any 
 stock on open land in a National Forest, except for the few head 
 in actual use by prospectors, campers, and travelers. Persons 
 who may wish to make any use of the resources of the National 
 Forests for which a permit is required, should consult the nearest 
 Forest Officer. 
 
 The owners of patented mining claims, of valid unpatented 
 mining claims, and of other valid claims under public-land laws 
 
MINES WITHIN NATIONAL FORESTS 163 
 
 or legal titles which may be within National Forests, are free 
 to occupy and enjoy their holdings, but must not interfere with 
 the purposes for which the National Forests were created, and 
 must not cut timber or make use of National Forest land with- 
 out a permit, except within the limits and for the actual de- 
 velopment of their claims. Permit must always be secured to 
 build roads, trails, ditches, transmission and telephone lines, etc., 
 when outside the limits of patented claims or land, unless on 
 valid locations, and then only for the development of the loca- 
 tions. The locator or owner of a mining location has a right to 
 use sufficient of the timber thereon to develop his claim. Tim- 
 ber, however, cannot be cut from one claim to be used on another 
 of the same group, unless its use develops the claim from which 
 it is cut, as well as the one where it is used, and if questioned 
 the burden of proof is upon the claimant to show this. Timber 
 from one group of mining claims cannot be used to develop 
 another noncontiguous and separate group, although the two 
 are owned in common. However, it is generally accepted that 
 the rule on unreserved public land that timber may be taken 
 from one claim for use on a noncontinguous claim or group if 
 its use tends to develop the claim from which it was taken, also 
 holds good within National Forests. A mining claimant has no 
 right to cut and remove timber from his unpatented claim, merely 
 for sale or other commercial purposes. Except the small quan- 
 tity needed by transients, permission should always be asked by 
 miners and settlers for the free use of timber off their entries 
 or locations; the amount so permitted is usually limited to $20 
 worth annually. If more than that amount is desired it will 
 usually have to be purchased. Timber within National Forests is 
 for sale, subject to the conditions that the amount taken shall 
 not prejudice the purposes for which the National Forests were 
 created, that the timber shall not be shipped from a region re- 
 quiring the entire supply available, and that no timber monopoly 
 shall be created. Free use permits will not be issued paying 
 properties and large corporations who may reasonably be ex- 
 pected to pay .for their timber. 
 
 Persons who are in the legal possession of unpatented valid 
 mining claims have the right to use such portion of the grass 
 
164 MINING LAW 
 
 and other forage as is needed for the grazing of live stock used 
 in the development of the claims, but they have no right to 
 dispose of the grass or forage to any other person, or to collect 
 any rental for the use of such claims for grazing purposes. The 
 owners of patented claims or land within National Forests, of 
 course have all the rights that such patents will give anywhere, 
 and can make any disposition they wish of the surface or its 
 products. 
 
 Much criticism has been made of the Forest Service in the 
 past. The larger part has come from those whose unlawful pur- 
 suits and purposes have been interfered with, such as endeavor- 
 ing to obtain timber or water-power sites by invalid and nominal 
 mineral locations, or attempting to make use of public lands for 
 grazing purposes to an inordinate extent or the exclusion of 
 others also entitled to the same use. There are presumably two 
 other causes of criticism. First, when the Forest Service was 
 first organized, it was natural, that in attempting to meet and 
 work out the questions involved in a problem of such magnitude 
 and with so many conflicting interests, many minor errors 
 should occur and wrong attitudes should be taken in the process 
 of developing a system and learning the best procedure. Con- 
 sequently there was great friction between miners and the For- 
 est Service during the embyronic years of the National Forest. 
 This cause for criticism has disappeared, except perhaps in 
 isolated cases where a new employee of the Forest Service may 
 take an unwarranted stand; in such a case the miner or com- 
 plainant should carry the matter to the superior of the employee. 
 It is advisable that the miner operating within a National Forest 
 should secure a copy of 'The Use Book' of the Forest Service and 
 familiarize himself with the rules and regulations therein. This 
 book can be secured, without cost, from any Forest Supervisor, or 
 by addressing the Superintendent of Documents, Washington, 
 D. C, enclosing the purchase price, which is twenty-five cents. 
 
 The second of these other causes of criticism, is the fact that 
 miners and prospectors upon public land, being practically un- 
 restrained by the Government until a patent was asked for, were 
 unable at first to brook the restraint of the National Forest 
 regulations on their heretofore liberty, which was too often in- 
 
MINES WITHIN NATIONAL FORESTS 165 
 
 terpreted as a license to do whatever and however they wanted. 
 This cause is fast disappearing, for the straightforward and 
 public-spirited miner realizes that as a result of extensive set- 
 tlement in or adjacent to the mineral and timber regions and 
 the great conflict of interests, it is just as necessary to carefully 
 administer and protect the estate of the Government as the estate 
 of a private owner. He also realizes that the National Forest 
 system tends to equalize opportunities and give the small miner 
 and prospector a fair chance in competition with large com- 
 panies or unprincipled operators, and to render incalculable 
 benefit by protecting the timber and water for himself and 
 others, and even his possessions from destruction by forest fires. 
 The creation of the National Forests has benefited the mining 
 industry in a way that has not been appreciated, by practically 
 withdrawing the land from all entries save under the mineral 
 laws. While homestead entries may be made within National 
 Forests, they can only embrace land of a pronounced agricultural 
 type, and in a general way very few are made, thus preserving 
 practically the whole of the Forests for prospecting. On the 
 other hand, public land outside of the National Forests is favor- 
 ably subject to all kinds of entries, resulting in much ground 
 suitable for prospecting being patented for agricultural and 
 grazing purposes, even the miner's locations being occasionally 
 filed upon and patented away from him. Considerable trouble 
 along these lines has been experienced in certain localities, and 
 there is some reason to believe that the mining industry would 
 be benefited, though at the expense of other industries, by placing 
 all the mineral land practicable within the National Forests. 
 
 The purpose and intent of the Forest Service toward miners 
 may be summarized by saying, that the Forest Service will be 
 severe in cases of fraud and bad intention, but in cases of good 
 faith and honest intention will be lenient, and while not over- 
 looking the more essential requirements of the law, it will en- 
 courage and guide the miner toward a compliance with the law. 
 This is seen in the case of where recommendations are made 
 against granting patent to mining claims upon the point that 
 the mineral character of the ground is not sufficiently estab- 
 lished, through there being no mineral discoveries and the patent 
 
166 MINING LAW 
 
 work not developing the ground of the claims; still the miner 
 is encouraged to hold his claims by possessory right and keep 
 on digging. The miner who finds himself at difference with the 
 Forest Service in any way, should patiently, but firmly and in- 
 sistently, take up the matter and thrash it out, knowing that 
 the ultimate outcome will be in accordance with sound public 
 policy and the rights of the great army of miners and pros- 
 pectors as a whole. 
 
CHAPTER XXVIII 
 
 Water Appropriation 
 
 R. S., Sec. 2339. Whenever, by priority of possession, 
 rights to the use of water for mining, agricultural, 
 manufacturing, or other purposes, have vested and ac- 
 crued, and the same are recognized and acknowledged 
 by the local customs, laws, and the decisions of courts, 
 the possessors and owners of such vested rights shall be 
 maintained and protected in the same; and the right of 
 way for the construction of ditches and canals for the 
 purposes herein specified is acknowledged and confirmed; 
 but whenever any person, in the construction of any 
 ditch or canal, injures or damages the possession of any 
 settler on the public domain, the party committing such 
 injury or damage shall be liable to the party injured for 
 such injury or damage. 
 
 R. S., Sec. 2340. All patents granted, or pre-emption 
 or homesteads allowed, shall be subject to any vested 
 and accrued water rights, or rights to ditches and reser- 
 voirs used in connection with such water rights, as may 
 have been acquired under or recognized by the preceding 
 section. 
 
 When the pioneer miners arrived in California, the only law 
 on the use or possession of water that they knew was the com- 
 mon law or riparian right to the use of water. This law was in 
 force in the older States and in England. It is based on the 
 simple principle that the owners of the banks of a stream or 
 body of water, are the sole owners of the right to use the water. 
 This principle was found inapplicable to the new conditions; 
 conditions requiring the use of water at points far distant and 
 on lands nonadjacent to the streams from which the water was 
 taken. This resulted in the development of the law of appro- 
 priation of water, the principle of which is that the first appro- 
 priator of water for a beneficial purpose has the prior right, 
 without regard to riparian rights. Most of the water in the 
 
 167 
 
168 MINING LAW 
 
 West has been used under the law of appropriation, and in over 
 half of the Western States it is the only law under which a right 
 to use water can be perfected. In the remaining Western States, 
 the two laws — appropriation and riparian rights — are in force 
 side by side. The history of water rights in the West is simply 
 a phase of the development of the mineral-land laws. 
 
 Under the common law of riparian rights, the owner of the 
 land bordering on or containing a stream or body of water (as 
 a lake) has a right to have the water flow past or through his 
 land at all times in substantially the same quantity and quality 
 as existed when he or others before him first obtained the land 
 to which his riparian water rights are attached. At least, that 
 the flow shall not be reduced in quantity to a point that will 
 discommode him, subject, where the quantity is insufficient for 
 the wants of all the various riparian owners along the stream, 
 to having the supply apportioned among the riparian owners 
 according to their holdings, and necessities. The owners of 
 riparian rights do not own the water, but only the use of it. 
 They may use the water for domestic purposes, for watering 
 stock, or for irrigating their riparian land. Just what would 
 be riparian land entitled to be irrigated as such, would be a 
 question of fact for a jury; certainly land beyond a ridge and 
 part of another watershed would not be riparian land. Riparian 
 rights in water, where recognized, are attached to the land solely 
 because it borders on or contains the stream or body of water. 
 They are presumed to have been always attached, consequently 
 they require no action or formality at law or any use or act to 
 hold them. They are not subject to loss by abandonment or dis- 
 use, though the right to use the water to which the land is 
 entitled may be disposed of separately from the land. 
 
 Under the law of appropriation, riparian rights are entirely 
 disregarded. The right to use water is appropriated by divert- 
 ing it, usually from a natural stream on public land, or on pri- 
 vate land by permission, for the purpose of putting it to a bene- 
 ficial use. The claimant appropriates his water subject to all 
 prior appropriations, which must be supplied first according to 
 their actual needs up to the amount of their appropriations. 
 Likewise his needs up to the amount of his appropriation, must 
 
WATER APPROPRIATION 169 
 
 be supplied before that of any subsequent appropriators. There 
 is no apportioning of the water, the first appropriator has the 
 first right and to the full amount he needs or is entitled to, and 
 the other appropriators in the order of their respective appro- 
 priations. Later appropriations may be made of the surplus over 
 what has been appropriated by prior claimants or of the surplus 
 that is not used. Later comers may appropriate water above or 
 below a prior appropriation, the water as discarded by the prior 
 appropriator, or the water temporarily while it is not in use by 
 him, but such use must not interfere with his use. The appro- 
 priator's right extends to the head of the stream and its branches 
 to the extent that no later appropriation can be made or changes 
 be effected, to his disadvantage. 
 
 Preference is given to no appropriation for any particular use, 
 except in some States, where during periods of drouth, domestic 
 uses must be supplied first, irrigation next, and then the other 
 needs. Appropriation is based on the intention to use water 
 for a beneficial purpose, consequently the appropriator need not 
 be the owner or user of land. Married women, minors, aliens, 
 individuals, and companies may make appropriations. The 
 rights of an appropriator begin where he takes his water from 
 the natural stream and end where he returns it to a natural 
 stream. He may change these points of diversion and discharge, 
 provided he does not interfere with any rights obtained by 
 others before he makes his change. Those who take the waste 
 or discharge of an appropriator before it has reached a natural 
 stream, have no right to object to the change in the place of dis- 
 charge. The appropriator having diverted water from a natural 
 stream, may make use of a watercourse or natural channel as 
 an intermediate link in his ditch system required to get the 
 water to the place of use. An appropriation of more than is 
 used, does not give any right to the unused surplus. A surplus 
 is always open to location and appropriation, consequently no 
 sale of it can be made under usual conditions. 
 
 The States that have adopted the dual system of the law of 
 appropriation and the common law of riparian rights working 
 side by side, a system known as the 'California system', are 
 
170 MINING LAW 
 
 California, Montana, North Dakota, South Dakota, and Wash- 
 ington. Oregon recognizes riparian rights obtained prior to 1909, 
 but at present only appropriated rights can be initiated. In 
 these States having the 'California system*, appropriation may 
 be made subject to prior appropriation and riparian rights. As 
 the United States is the owner of the public land and primarily 
 of the water upon its land, and chooses to allow appropriations 
 of water upon its land, the patentee of public land acquires the 
 riparian rights that go with it (where they are recognized) sub- 
 ject to all prior appropriations, but no future appropriations dis- 
 advantageous to his riparian rights can be made over his pro- 
 test, though the surplus may be appropriated. 
 
 In the States of Arizona, Colorado, Idaho, Nevada, New Mexico, 
 Oregon (except those initiated prior to 1909), Utah, and Wyo- 
 ming, riparian rights are not recognized, and the only way the 
 rights to use water may be acquired, whether upon riparian 
 land or otherwise, is by appropriation. This has been called the 
 'Colorado system'. 
 
 A riparian owner may make an appropriation upon his own 
 or public land, and may use water under combined right of ap- 
 propriation and riparian ownership, if he does so without waste. 
 Riparian rights are attached to lakes and ponds, and undoubt- 
 edly the law of appropriation also applies to these. 
 
 The law of appropriation was made for water in surface water- 
 courses. To come under the head of surface watercourse, the 
 water must have a tendency to flow fairly regularly. The quan- 
 tity that flows is immaterial. A flowing well may be driven or a 
 spring cleaned out, and if the water can be made to flow into a 
 ditch or pipe, the flow may be appropriated. Water flowing un- 
 derground can be appropriated, and subsequent claimants or 
 land owners can be prevented from diverting the water by wells 
 or tunnels. It is not entirely clear that percolating underground 
 waters, not flowing in an underground stream, can be appro- 
 priated, but decisions have been rendered to that effect and there 
 is every reason to believe they can and that a spring or well 
 without a surface flow can be appropriated on public land, but 
 not on private land unless by the permission of the land owner. 
 Sections 2339 and 2340 of the Revised Statutes (quoted at the 
 
WATER APPROPRIATION 171 
 
 beginning of this chapter) would certainly sanction this unless 
 it was against local rules and customs and State statutes. This 
 view is strengthened by the fact that water upon public land is, 
 like the land, the property of the Government, even though the 
 Government by the implied and written terms of the Statutes 
 quoted allows it to be disposed of under State jurisdiction as a 
 part of the police powers of the State. 
 
 A ditch or reservoir may be placed upon public land for the 
 purpose of using water as provided for in the Statutes quoted. 
 When the land passes into private ownership, the land owner 
 must respect this easement over his land, but the ditch owner 
 does not own the land occupied by 'his ditch; he owns only the 
 rights to use and maintain the ditch, and can not enlarge this 
 right to change the position of his ditch, except by permission 
 of the land owner. The ditch may be abandoned without aban- 
 doning the right to the water. 
 
 Concerning the use of water under the specific conditions at- 
 tached to mining, certain things are to be noted. By locating, 
 rights very similar, if not equal, to those given by a patent are 
 acquired; consequently, where riparian rights are recognized, a 
 located or patented claim has a riparian right to use the water 
 flowing through its ground. This right is not as conclusive as 
 might be wished for, and consequently an appropriation should 
 always be made. Where it is sought to divert the water off the 
 claim having riparian rights, an appropriation must be made. 
 In those States where riparian rights are not recognized, an 
 appropriation must be made. In general, very little reliance 
 should be placed upon the riparian rights of a mining claim. 
 Where an unappropriated flowing spring or well is upon a claim, 
 under riparian rights the claim owner also owns the water, but 
 where appropriation only is recognized, an appropriation of the 
 flow at the point it leaves the ground of the claim owner may be 
 made by a stranger. What effect such an appropriation may 
 have on the claim or land owner's use of the water flowing from 
 the spring or well is not clear; the safe course is to make an 
 appropriation of the water naturally arising on one's own ground. 
 Plowing water that develops naturally or is developed artificially 
 after patent is obtained from the Government, is private property 
 
172 MINING LAW 
 
 and cannot be appropriated. Such water may come from the 
 driving of wells, opening up new springs, driving tunnels, or 
 from ponds arising naturally. The surplus of such water as it 
 leaves the private land may be used and appropriated, but no 
 real right is obtained, for the land owner may cut off or divert 
 the flow at his pleasure. 
 
 A mining location containing a spring or well without a sur- 
 face flow and that has not been appropriated before the location, 
 owns the spring or well, but such locations are precarious unless 
 containing a mineral discovery and a showing can be made that 
 it was taken up in good faith for the mineral therein and not 
 to control water. A spring or well cannot be controlled by a 
 millsite location. The claimant's possession may possibly re- 
 main unquestioned while holding by locating or possessory right, 
 but the millsite cannot be patented unless used for some mill- 
 site purpose, for the Land Department has repeatedly said that 
 a use of the water is not such a use as to entitle a millsite loca- 
 tion to be patented; holding that water rights, including the 
 necessary dams, ditches, etc., are protected by the two Statutes 
 quoted at the beginning of this chapter, and that what is essen- 
 tial, is not a use of the water but a use of the land. Following 
 this principle, patents have been refused upon millsite claims 
 used for no other purpose than to contain a dam for collecting 
 and storing water, while they have been allowed where tanks 
 were placed on the ground for storage or pumping plants were 
 installed. From the foregoing, it is deduced that a spring or 
 well without a surface flow and upon public land may be ap- 
 propriated without locating the land, if the water can be put to 
 some beneficial use, such as domestic purposes, watering stock, 
 or milling ore. In case of the ground not being subject to entry 
 as a lode or placer claim, if it can be put to some millsite pur- 
 pose, such as to contain a living cabin, corral, pumping plant, 
 or similar, it should be located as a millsite, which should be 
 sufficient to hold the water, but for the purpose of further safety, 
 an appropriation should also be made. If the water is upon 
 surveyed and nonmineral ground, the land may be . secured 
 through land scrip, but this would be a rather expensive method 
 in some cases. 
 
WATER APPROPRIATION 173 
 
 The method of appropriation in Arizona, California, Montana, 
 and Washington is similar. That of California will be given as 
 the type case. In these States an appropriation of water may be 
 made by diverting it for some useful purpose without any notice, 
 the appropriation being good from the time of diversion, but by 
 complying with the statutory requirements of giving notice, etc., 
 the rights date from time of giving notice. The method in Cali- 
 fornia is to place at the point where it is intended to divert the 
 water, a notice stating the amount of water to be taken, the 
 place where it is to be used, the purpose for which it is to be 
 used, and the means by which the diversion is to be made — ditch, 
 flume, or pipe. This notice must be recorded. Within sixty days 
 of posting the notice, work must begin and it must be carried on 
 with due diligence until the means of diversion is completed. 
 The completion of the means of diversion — the ditch, flume, or 
 pipe — completes the water right; but if the actual application 
 of the water is not made within a reasonable time the water 
 right is lost. Under the above conditions, the right dates back 
 to the time of posting notice, but if the notice is not posted and 
 recorded, the work not begun within sixty days, or not carried 
 forward with due diligence, the right does not relate back to 
 the posting of notice. In such an event it only begins on the 
 completion of the work. Consequently, where the requirements 
 have not been complied with, any other appropriation made be- 
 fore the completion of the work and carried forward as pre- 
 scribed, becomes the prior appropriation, even though completed 
 after the defaulting appropriation. 
 
 The failure to make use of the water of an appropriation for a 
 beneficial purpose in California for five years is held to constitute 
 a forfeiture of the right. In other States the period varies from 
 two years up, there being no specific time in many. Five years 
 use in California of the water of a prior appropriation by a use 
 adverse to and without the consent of the prior appropriation 
 vests a right in the new claimant. In a similar way riparian 
 rights may be lost through an adverse and unprotested appro- 
 priation. 
 
 In Colorado, Idaho, Nevada, New Mexico, North Dakota, Ore- 
 gon, South Dakota, Utah, and Wyoming the procedure is some- 
 
174 MINING LAW 
 
 what different from that in California, and requires an applica- 
 tion to the State engineer, who issues preliminary and final 
 certificates and examines the appropriation. The procedure in 
 these States has been developed primarily to meet the conditions 
 under which irrigation is carried out. The following is a digest 
 of the requirements in the different States. Those expecting to 
 make appropriations in the States requiring application to the 
 State engineer, should communicate with him and ask for forms, 
 instructions, and a copy of the State statutes governing water 
 appropriation. 
 
 Arizona. — Riparian rights are not recognized. The appropri- 
 ator posts a notice at the place of diversion, stating the amount 
 appropriated, a description of the necessary works to be built, 
 and the terminal point. A copy of the notice must be recorded 
 in each county through which the works run and in the office 
 of the Secretary of State. Work must be commenced within 
 reasonable time and carried on with reasonable diligence. 
 
 California. — Riparian rights are recognized and upheld. A 
 notice of appropriation must be posted at the proposed point 
 of diversion, which shall state the amount of water claimed, 
 the purpose for which it is to be used, the place at which it 
 is to be used, and the means by which it is to be diverted. A 
 copy of the notice must be filed with the county recorder within 
 ten days after posting. Work must commence within sixty 
 days after posting notice and continue with due diligence until 
 completion. 
 
 Colorado. — Riparian rights are not recognized. Appropriation 
 is made by filing application with the State engineer within 
 sixty days after beginning work. The certificate of approval 
 of the State engineer must be filed with the county clerk and 
 recorder. Due diligence must be used in construction. 
 
 Idaho. — Riparian rights are not recognized. Priority of right 
 dates from the original application filed with the State engineer 
 for a permit to construct the necessary works before commenc- 
 ing such work. One-fifth of the construction work must be 
 performed within one-half the allotted time, which is usually 
 five years, and actual application of the water must be made 
 within four years thereafter. 
 
WATER APPROPRIATION 175 
 
 Montana. — Riparian rights exist and are recognized. An 
 appropriation is made by posting a notice in writing at a 
 conspicuous place at the intended point of diversion, stating 
 amount claimed, purpose of appropriation, place of intended 
 use, means of diversion, date of appropriation, and name of 
 appropriator. Within twenty days file with the county clerk 
 a notice of appropriation containing in addition the name or 
 a description of the stream, description of the point of diver- 
 sion, and reference to a natural object or permanent monument. 
 Notice must be verified as an affidavit. Work must be com- 
 menced within forty days of posting notice and must be prose- 
 cuted with reasonable diligence to completion. 
 
 Nevada. — Riparian rights are not recognized. Priority of 
 appropriation dates from filing an application with the State 
 engineer before commencement of work. After approval and 
 publication of the notice in some newspaper by the State engi- 
 neer, a certificate is issued which must be filed within thirty 
 days of its issuance both in the county where water is diverted 
 and in county where used. 
 
 New Mexico. — Riparian rights are not recognized. Appropria- 
 tion is made by filing an application with the State engineer 
 before commencing work. Publication of notice of appropriation 
 is required after its approval by the State engineer. One-fifth 
 of the construction work must be completed within one-half of 
 the allotted time, which is usually five years, and water must 
 be applied usually within four years thereafter. Final certifi- 
 cate issues upon inspection after completion of work. All per- 
 mits, decrees, and documents regarding water rights must be 
 filed in the office of the probate clerk and ex-offldo recorder 
 of the county in which the works are situated. 
 
 North Dakota. — Riparian rights exist and are recognized. 
 Priority of appropriation dates from filing application with the 
 State engineer before beginning work. Approval of application 
 after its publication constitutes a permit. One-fifth of the work 
 must be completed in one-half of the time allowed, and the 
 completion must usually be within five years. Actual applica- 
 tion of the water to some useful purpose must usually follow 
 within four years, Actual application of water and inspection 
 
176 MINING LAW 
 
 are necessary for the issuance of final certificate. Non-use for 
 three years causes a loss of the right. 
 
 Oregon. — Riparian rights obtained prior to February 1909 are 
 recognized and upheld; since that date, water rights can he 
 obtained by appropriation only. Appropriation is made by appli- 
 cation to the State engineer before beginning work. Work 
 may commence on approval of application. Actual construction 
 work must commence within one year from date of approval, 
 be carried on with reasonable diligence, and usually be com- 
 pleted within five years. 
 
 South Dakota. — Riparian rights are recognized and upheld. 
 Priority of appropriation dates from filing of application with 
 State engineer before beginning work. After publication and 
 approval of application, work must be prosecuted with dili- 
 gence. One-fifth of the work must be completed within one-half 
 of the allotted time, which is usually five years. Actual appli ; 
 cation and use of the water must follow completion, usually 
 within four years. Pinal certificate issues upon notice and 
 examination of the actual use. Non-use for two years causes 
 a forfeiture of the right. 
 
 Utah. — Riparian rights are not recognized. Priority of appro- 
 priation dates from receiving the application in the office of 
 the State engineer, which must be before commencing the work. 
 After publication and approval, work may proceed, commencing 
 within six months after approval, and usually requiring com- 
 pletion within five years. One-fifth of the work must be per- 
 formed in one-half of the allotted time. After completion of 
 the work and use of the water is made, a final certificate is 
 issued, which must be recorded in the county where the water 
 is diverted. Non-use for seven years causes a loss of the right. 
 
 Washington. — Riparian rights exist and are recognized. Ap- 
 propriation is made by placing at the intended point of diver- 
 sion, a notice stating amount of water appropriated, purpose of 
 appropriation, place of intended use, and means of storage or 
 diversion. Record a copy in the office of the county recorder 
 within ten days after posting. Work must commence within 
 three months from posting notice, if said use is by storage, or 
 
WATER APPROPRIATION 177 
 
 within six months, if the use is by diversion. Work must be 
 diligently prosecuted to completion. 
 
 Wyoming. — Riparian rights are not recognized. Priority of 
 appropriation dates from filing an application with the State 
 engineer before commencing work. If application is approved, 
 work may proceed, one year being usually allowed in which to 
 begin work. Five years is usually allowed to complete the work. 
 Final certificate issues upon the perfection of the appropriation, 
 which must be recorded in the office of the county clerk. 
 
APPENDIX A 
 
 Digest of State Statutes Relative to Mineral Locations 
 
 ALASKA 
 
 Notices of location of mining claims shall be filed for record 
 within ninety days from date of discovery. Proof of labor may 
 be made and filed, not later than 90 days after close of year 
 in which the annual labor is to be performed. Such proof 
 is prima facie evidence of the performance of the work. If the 
 proof is not filed within the time fixed, the burden of proof 
 is upon the claim owner to show that such work has been per- 
 formed. Adverse claims against an application for patent may 
 be filed at any time during the 60 days of publication or within 
 eight months thereafter, and the adverse suits may be insti- 
 tuted at any time within 60 days after the filing of the adverse 
 claims in the local land office. £es new placer i-v for Alaska on paee 238a 
 
 ARIZONA 
 
 LODE LOCATIONS 
 
 Erect at or contiguous to the point of discovery, a conspic- 
 uous monument of stones not less than three feet in height or 
 a post at least four feet above ground. Post on or at the 
 discovery monument, a location notice containing: Name of 
 claim; name or names of locators; date of location; length and 
 width of claim, and distance from discovery to each end of 
 claim; general course of claim; locate claim by reference to 
 a natural object or permanent monument. Ninety days is al- 
 lowed from time of location to perform the following: Monu- 
 ment claim; record copy of location notice; sink discovery shaft. 
 Boundaries shall be marked by six posts, projecting at least 
 four feet above surface, or stone monuments at least three feet 
 high, to be placed at each corner and centre of each end-line. 
 The discovery shaft shall be at least eight feet deep from 
 
 179 
 
180 MINING LAW 
 
 lowest part of rim of shaft at surface, and deeper, if necessary, 
 to show mineral in place. An open-cut, adit, or tunnel, equal 
 in amount to a shaft eight feet deep, four feet wide, and six 
 feet long, which shall cut a lode or mineral in place at a depth 
 of ten feet (the statute probably purposed eight but now reads 
 ten feet) from the surface, shall be equivalent to the discovery 
 shaft. Proof of labor may be made and recorded within three 
 months after expiration of the period fixed for the performance 
 of annual labor or making of improvemnts on any mining claim, 
 and shall be prima facie evidence of the performance of such 
 labor and improvements. 
 
 PLACER LOCATIONS 
 
 The locator of a placer-mining claim shall locate his claim 
 by posting a location notice thereon, containing the name of 
 the claim, name or names of the locators, date of location, 
 number of acres claimed, and reference to some natural object 
 or permanent monument. Erect at each angle of the claim a 
 post four inches by four and one-half feet in length, set one 
 foot in the ground, and surrounded by a mound of stone and 
 earth, or erect a mound of stone four feet in diameter at the 
 base and three feet high. Within 60 days after location, record 
 a copy of the location notice. 
 
 CALIFORNIA 
 
 For many years California had no State mining laws, being 
 governed solely by the Federal Statutes and regulations and 
 such customs and rules of the local mining districts as still 
 remained in force. However, in 1909 a mining code very similar 
 to those of the other mining States, except not requiring any 
 discovery work, was adopted and is now in force. 
 
 LODE LOCATIONS 
 
 Any person, a citizen of the United States, or who has de- 
 clared his intention to become such, may locate a claim upon 
 a lode or vein by defining the boundaries of his claim so that 
 they may be readily traced, and by posting at the point of 
 discovery a notice of location which must contain: Name of 
 
STATE STATUTES 181 
 
 the lode or claim; name of the locator or locators; length along 
 vein each way from discovery; width on each side of centre of 
 Vein; general course of vein or lode; date of location; refer- 
 ence to natural object or permanent monument. Within thirty 
 days after posting notice of location upon a lode claim, record 
 a true copy thereof in the office of the recorder of the county 
 in which such claim lies. The failure or neglect of any locator 
 of a mining claim to perform development work of the char- 
 acter, in the manner, and within the time required by the laws 
 of the United States, shall disqualify such locators from re- 
 locating the ground embraced in the original location or mining 
 claim or any part thereof under the mining laws, within three 
 years after the date of his original location, and any attempted 
 location thereof by any of the original locators shall render 
 such location void. The provisions of this act (the State mining 
 code) shall not in any manner be construed as affecting or 
 abolishing any mining district or the rules and regulations 
 thereof, within the State of California. Proof of labor shall 
 be made and filed within 30 days after the time limit for per- 
 forming such labor or improvements, and shall be prima facie 
 evidence of the performance of such labor or improvements. 
 The location of a tunnel right or location shall be made by 
 establishing the boundary lines of the tunnel by stakes or 
 monuments placed along the lines at an interval of not more 
 than 600 ft. from the face or point of commencement of the 
 tunnel to the terminus of 3000 ft. therefrom. And by posting 
 a notice of location at the face or point of commencement of 
 the tunnel, a true copy of which must be recorded within thirty 
 days after posting. Said notice' to contain: Name of locator or 
 locators; date of location; proposed course or direction of the 
 tunnel; description of tunnel with reference to natural object 
 or permanent monument. A millsite not exceeding five acres 
 may be located in the same manner as a placer claim. A true 
 copy of the location notice must be recorded within thirty days 
 of date of location. 
 
 PLACES LOCATIONS 
 
 The location of a placer claim shall be made by posting there- 
 
182 MINING LAW 
 
 on, upon a tree, rock in place, stone, post, or monument, a notice 
 of location, and recording a true copy of the same within 30 days 
 after posting. Said notice to contain: Name of claim; name 
 of locator or locators; date of location; number of feet or acres 
 claimed; reference to natural object or permanent monument. 
 The boundaries shall be marked so that they may be readily 
 traced, but where the United States survey has been extended 
 over the land embraced in the location, the claim may be taken 
 by legal subdivisions and no other reference than those of said 
 survey shall be required and the boundaries of a claim so located 
 and described need not be staked or monumented. The descrip- 
 tion by legal subdivisions shall be deemed the equivalent of 
 marking. 
 
 COLORADO 
 LODE LOCATIONS 
 
 The width of lode claims located in Gilpin, Clear Creek, 
 Boulder, and Summit counties is limited to 75 ft. on each side 
 of centre of vein. In the remaining counties the width is 
 limited to 150 ft. on each side of centre of vein. Post at point 
 of discovery on the surface, before filing location certificate, a 
 notice containing name of lode, name of locator, and date of 
 discovery. Mark surface boundaries, before filing location cer- 
 tificate, by six posts hewed or marked on the side or sides 
 toward the claim, sunk in the ground or in a pile of stones, and 
 placed at each corner and centre of each side-line of the claim. 
 Sixty days from uncovering or disclosing a lode and before 
 filing location certificate are allowed in which to sink a dis- 
 covery shaft upon the lode to a depth of at least ten feet from 
 the lowest part of the rim of such shaft on the surface, and 
 deeper, if necessary, to show a well defined crevice. An open- 
 cut, cross-cut, or tunnel, which shall cut a lode at the depth of 
 ten feet below the surface, or an adit driven at least ten feet in 
 along the lode, shall be equivalent to a discovery shaft. Within 
 three months from date of discovery, record a location cer- 
 tificate containing: Name of lode; name or names of locators; 
 date of location; length of claim on each side of discovery 
 shaft; general course of lode. Proof of labor may be made and 
 
STATE STATUTES 183 
 
 recorded within six months after any set time or annual period 
 allowed for the performance of labor or making improvements 
 upon any lode or placer claim, and shall be prima facie evidence 
 of the performance of such labor or improvements. 
 
 PLACER LOCATIONS 
 
 Post upon the claim, before filing location certificate, a notice 
 containing the name of the claim, the name of the locator, the 
 date of discovery, and the number of feet or acres claimed. 
 Mark boundaries, before filing location certificate, with posts 
 sunk into the ground at each angle of the claim. Within 30 
 days from date of discovery, record a location certificate con- 
 taining: Name of claim and designated as a placer claim; name 
 or names of locators; date of location; number of acres or feet 
 claimed; reference to natural object or permanent monument. 
 
 IDAHO 
 
 LODE LOCATIONS 
 
 At time of making discovery, erect a monument at place of 
 discovery, upon which place the name of locator, name of claim, 
 date of discovery, and length of vein claimed each way from 
 monument. Within ten days from discovery, mark boundaries 
 by establishing at each corner and at any angle in the side- 
 lines, a monument marked with the name of the claim and the 
 corner or angle. Monuments must be at least four feet high 
 above the ground. Posts or trees used as such must be hewn 
 and marked upon side facing toward the discovery, and must 
 be at least four inches square or in diameter. At time of mark- 
 ing boundaries, post at discovery monument a notice of location, 
 a substantial copy of which must be recorded within ninety 
 days after location; notice to contain: Name of locator; name 
 of claim; date of discovery; direction and distance claimed along 
 ledge from the discovery; distance claimed on each side of 
 middle of ledge; distance and direction from the discovery 
 monument to such natural object or permanent monument, if 
 any such there be, as will fix and describe, in the notice itself, 
 the location of the claim; name of mining district, county, and 
 State. There must be filed for record with the location certifl- 
 
184 MINING LAW 
 
 cate of all quartz and placer claims, the affidavit of one of the 
 locators, stating that he is a citizen of the United States or has 
 declared his intention to become such, that he is acquainted with 
 the ground embraced by the location, that no part of the ground 
 has any valid adverse claim upon it, and that the discovery work 
 has been performed. Sixty days after location, is the time 
 allowed to sink a shaft upon the lode to a depth of at least ten 
 feet from the lowest part of the rim Of such shaft at the surface, 
 and of not less than sixteen square feet area. Any excavation 
 which shall cut such vein ten feet from the lowest part of the 
 rim of such shaft at the surface, and which shall measure 160 
 cu. ft. in extent shall be sufficient. Proof of labor may be made 
 and recorded within sixty days after any time set or period 
 allowed for the performance of labor and improvements upon 
 any lode or placer claim. Such proof shall be prima 'facie evi- 
 dence of the performance of such labor. Failure to file such 
 proof shall be considered prima facie evidence that such labor 
 has not been done. 
 
 PLACER LOCATIONS 
 
 At time of making the location, place a substantial post or 
 monument as required in the location of quartz claims at each 
 corner of location. Post on a location corner, a notice of loca- 
 tion containing: Date of location; name of locator; name of 
 claim; dimension of claim; mining district and county; distance 
 and direction from said monument to such natural object or 
 permanent monument, if any such there be, as will fix and de- 
 scribe, in the notice itself, the location of the claim. Within 
 thirty days after the location, a substantial copy of the location 
 notice must be filed for record, including the affidavit, as is re- 
 quired in the case of a quartz claim. Fifteen days are allowed 
 after making the location, to make an excavation upon the claim 
 of not less than one hundred cubic feet, for the purpose of pros- 
 pecting the same. 
 
 MONTANA 
 
 Post at point of discovery, a notice of location containing the 
 name of the claim, the name or names of the locators, the date 
 of location (which shall be the date of posting such notice), and 
 
STATE STATUTES 1S5 
 
 the approximate dimensions of the claim. Thirty days following 
 the location are allowed for monumenting; a monument to be 
 placed at each angle and corner of the claim. The following 
 kinds of monuments are prescribed, which must be marked with 
 the name of the claim and the designation of the corner: A 
 tree eight inches or more in diameter, blazed on four sides; a 
 post at least four inches square by four and one-half feet in 
 length, set one foot in the ground and surrounded by a mound 
 of earth and stone at least four feet in diameter and two feet 
 high; a squared stump, the equivalent of a post and mound; a 
 stone at least six inches square by eighteen inches in length, set 
 two-thirds of its length in the ground, with a mound of earth 
 or stone alongside at least four feet in diameter by two feet in 
 height; a boulder at least three feet above the natural surface 
 of the ground on the upper side. Within sixty days after post- 
 ing notice of location, record a certificate of location, which 
 must be verified by being sworn to as an affidavit, and must con- 
 tain the following: Name of claim or lode; name or names of 
 locators; date of location; reference to natural object or per- 
 manent monument.; If a lode claim, the direction and distance 
 claimed along the lode from the discovery work, also width on 
 each side of lode must be noted; if a placer claim, the dimensions 
 or area of the claim and the location of the discovery work. 
 The locator may, at his option, give a description of the discovery 
 work, corner monuments, and other facts connected with the 
 location. The locator within 60 days of posting location notice, 
 shall sink a discovery shaft upon the lode, vein, or deposit at 
 or near the point of discovery. Such shaft to be sunk to the 
 depth of at least ten feet, vertically, below the lowest part of the 
 rim of such shaft at the surface, or deeper, if necessary, to dis- 
 close the vein or deposit located. The cubical contents of such 
 shaft shall not be less than 150 cu. ft. Any cut or tunnel which 
 discloses the vein, lode, or deposit at a vertical depth of at least 
 ten feet below the natural surface of the ground, and which 
 constitutes at least 150 cu. ft. of excavation, shall be deemed 
 the equivalent of the discovery shaft. Where the vein, lode, or 
 deposit is exposed at less than ten feet depth, any deficiency in 
 the depth of the discovery shaft, cut, or tunnel may be com- 
 
186 MINING LAW 
 
 pensated for by any horizontal extension of such working, or 
 part of the discovery work may be done elsewhere upon the 
 claim, but at least 75 cu. ft. of excavation shall be made at the 
 point of discovery. The rights of any relocator of any abandoned 
 or forfeited mining claim shall date from the posting of notice 
 of location, and while he is duly performing the acts required 
 by law to perfect his location, his rights shall not be affected 
 by any re-entry or resumption of work by the former locator or 
 claimant. A locator or claimant may, at any time, relocate his 
 own claim for any purpose, except to avoid the performance of 
 the annual . labor thereof. Proof of labor may be made and 
 recorded within twenty days after completion of the annual 
 labor, which shall be prima facie evidence of the facts therein 
 stated. 
 
 NEVADA. 
 
 LODE LOCATIONS 
 
 A lode may be located by a citizen of the United States or 
 one who has declared his intention to become such, by posting 
 a notice of . location at point of discovery, which notice must 
 contain the name of the lode or claim, the name or names of 
 the locators, the date of location, the number of feet each way 
 from discovery along the vein, the width on each side of the 
 vein, and the general course of the vein. Twenty days from 
 posting of location notice, are allowed for monumenting. The 
 monuments must be placed at each corner and at the centre of 
 each side-line. The monuments may consist of: A blazed and 
 marked stump, not less than four inches in diameter, nor less 
 than three feet high; a rock in place, capped with smaller stones 
 to a height of not less than three feet; a post at least four inches 
 in diameter by four and one-half feet in length, set one foot in 
 the ground, or in a mound of earth or stone; a loose stone not 
 less than six inches in diameter and eighteen inches in length, 
 set two-thirds of its length in the top of a mound of earth or 
 stone, four feet in diameter and two and one-half feet in height. 
 All trees, posts, or rocks used as monuments, when not four 
 feet in diameter at the base, shall be surrounded by a mound of 
 earth or stone four feet in diameter by two feet high, and must 
 
STATE STATUTES 1S7 
 
 be so marked as to designate the corners of the claim located. 
 After having established the boundaries, the locator may file 
 with the district mining recorder or in the absence of such a 
 recorder, with the county recorder, a preliminary notice of loca- 
 tion containing: Name of lode; number of feet claimed along 
 lode; date of location; date on which boundaries were com- 
 pleted; name of locator or locators. Within ninety days of 
 posting the location notice, the location certificate shall be filed 
 with the district mining recorder and the county recorder, which 
 must contain: Name of lode or vein; name or names of locators; 
 date of location; reference to natural object or permanent monu- 
 ment; length along vein each way from discovery; width on 
 each side of vein; general course of vein; dimensions and loca- 
 tion of the discovery shaft or its equivalent; location and de- 
 scription of each corner with the markings thereon. Ninety 
 days from posting location notice are allowed to sink a discovery 
 shaft four feet by six feet to a depth of at least ten feet from 
 the lowest part of the rim of such shaft at the surface, or deeper, 
 if necessary, to show by such work a lode deposit of mineral in 
 place. A cut, cross-cut, or tunnel, which cuts the lode at a 
 depth of ten feet or an open-cut along said ledge or lode, equiva- 
 lent in size to a shaft four feet by six feet by ten feet deep, is 
 equivalent to a discovery shaft. Proof of labor may be made 
 and recorded within sixty days after the performance of labor 
 or improvements as required by law. .Such proof shall be prima, 
 facie evidence of the performance of such labor and improve- 
 ments. 
 
 The locator of a millsite shall mark the boundaries in the 
 same manner as provided for placer claims, and shall post a 
 notice on the claim, recording a similar location certificate with- 
 in thirty days from date of location. Notice to contain: Name 
 of locator or locators; name of vein or lode claim, or mine, of 
 which he is the proprietor, or the name of the quartz mill or 
 reduction works of which he is the owner; date of location; 
 number of feet or acres claimed; reference to natural object or 
 permanent monument. 
 
 The locator of a tunnel site shall establish the boundary lines 
 of the tunnel by stakes or monuments placed along such lines at 
 
18S MINING LAW 
 
 intervals of not more than three hundred feet from the face or 
 point of commencement of the tunnel to the terminus of the three 
 thousand feet therefrom. The stakes or monuments shall be as 
 provided for lode or placer claims. The locator of a tunnel site 
 shall post at the face or point of commencement a notice, a 
 similar notice to be recorded within 60 days of date of location. 
 The notice shall contain: Name of locator or locators; date of 
 location; proposed course or direction of the tunnel; height and 
 width of tunnel; position and character of boundary monuments; 
 reference to natural object or permanent monument. 
 
 PLACES LOCATIONS 
 
 Post upon a tree, rock in place, stone, post, or monument, a 
 notice of location containing the name of the claim, name or 
 names of the locators, date of location, and number of feet or 
 acres claimed. The boundaries and location point must be 
 marked in the same manner and by the same means as required 
 by the State laws in connection with lode claims. Where the 
 claim is taken by legal subdivisions upon surveyed land, only 
 the location point need be marked or staked. Ninety days from 
 posting of notice are allowed in which to perform twenty dol- 
 lars worth of improvements upon the claim. A certificate of 
 location must be recorded with the district mining recorder and 
 the county recorder within 90 days of location, to contain: Name 
 of claim and designated as a placer; name or names of locators; 
 date of location; number of feet or acres claimed; reference to 
 natural object or permanent monument; kind, amount, and 
 place of work performed. 
 
 NEW MEXICO 
 
 LODE LOCATIONS 
 
 Mark boundaries by four posts or monuments, set at each cor- 
 ner of claim. Post in a conspicuous place on the location a notice 
 and record a copy of the same within three mo»ths after post- 
 ing; notice to contain: Name or names of locators; intention to 
 locate mining claim; reference to natural object or permanent 
 monument. Within 90 days after taking possession, sink a dis- 
 covery shaft to a depth of at least ten feet from the lowest rim 
 
STATE STATUTES 189 
 
 of such shaft at the surface, exposing mineral in place, or drive 
 a tunnel, adit or open-cut to at least ten feet below the surface, 
 exposing mineral in place. Proof of labor may be made and 
 filed, within 60 days from and after the time within which 
 the assessment work required by law to be done shall have 
 been performed, and shall be prima facie evidence of the facts 
 therein stated. Failure to file proof of labor will throw the 
 burden of. proof on the claim owner. 
 
 PLACER LOCATIONS 
 
 At the time of making location of any placer claim, cause 
 a notice of such location to be placed at a designated corner 
 of the claim so located. Said notice shall contain: Name of 
 claim; purpose and kind of material for which the claim is 
 located; name or names of the locators; if upon surveyed land, 
 a description of such claim by legal subdivisions; if upon un- 
 surveyed land, a description of the claim by metes and bounds, 
 with reference to_some known object or permanent monument. 
 Each corner of the claim, whether upon • surveyed or unsur- 
 veyed land, shall be marked by a wooden post at least four 
 feet high, or by a substantial stone . monument. A duplicate 
 of such location notice shall be filed and recorded in the office 
 of the probate clerk of the county wherein the land is located, 
 within 90 days after such location is made and such notice 
 placed on the claim as before provided; prior to filing such 
 notice, the locator or locators must have made a bona fide dis- 
 covery of the mineral or material claimed in said notice, or 
 said location will be void and subject to relocation by others. 
 Provided, that in cases where lands have been located for petro- 
 leum oil or natural gas, the locator or locators shall have the 
 time from the date of the location to the end of the calendar 
 year succeeding that in which the location is made, to make 
 a discovery of petroleum oil or natural gas; also, that when 
 lands have been located for petroleum oil or natural gas, the 
 locator or locators shall have the right to the exclusive pos- . 
 session and occupancy of the lands embraced in said location 
 for the purpose of prospecting for petroleum oil or natural 
 
190 MINING LAW 
 
 gas during the period of time provided in this section for 
 making a discovery of petroleum oil or natural gas. 
 
 NORTH DAKOTA 
 
 The width of lode claims shall not exceed 150 feet on each 
 side of the centre of the vein. Post at point of discovery on 
 the surface, before filing location notice, a notice containing 
 name of lode, name of locators, .date of discovery, number of 
 feet in length on each side of discovery, and width on each 
 side of lode. The boundaries should be marked before filing 
 location certificate by eight posts, hewed or blazed on the side 
 facing the claim, and plainly marked with the name of lode 
 and corner, end, or side of claim that they respectively rep- 
 resent, and set in ground or monument of stone. One post 
 to be placed at each corner, one at the centre of each side-line, 
 and one at each end of the lode. Within 60 days from date 
 of discovery, record a location notice containing: Name of lode; 
 name of locator; date of location; length claimed on each side 
 of discovery shaft; width claimed on each side of vein or lode; 
 general course of lode. Within 60 days from uncovering or 
 disclosing the lode, and before filing location certificate, sink 
 a discovery shaft thereon. Any open-cut, cross-cut, or tunnel 
 at a depth sufficient to disclose the mineral vein or lode, or 
 an adit of at least ten feet in along the lode, from point where 
 the lode may be in any manner discovered, shall be equivalent 
 to a discovery shaft. 
 
 OREGON 
 
 A person may locate one claim only upon each lead or vein, 
 except the discoverer of a new lead or vein not previously 
 located upon, who shall be entitled to one additional claim for 
 the discovery thereof. A citizen of the United States, or one 
 who has declared his intention to become such, may locate a 
 lode by placing thereon a notice containing: Name of lode 
 or claim; name or names of locators; date of location; length 
 along lode each way from discovery; width on- each side of 
 lode; general course or strike of vein or lode with reference 
 to some natural object or permanent monument. Boundaries 
 
STATE STATUTES 191 
 
 must be marked within 30 days after posting location notice 
 by six posts, projecting not less than three feet above the sur- 
 face of the ground, and not less than four inches square or 
 in diameter, or by mounds of stone, or earth and stone, at 
 least two feet in height. A monument to be placed at each 
 corner and at the centre ends of such claim. Within 60 days 
 from date of posting location notice and before recording same, 
 a discovery shaft which shall not be deemed a part of the 
 annual or assessment work must be sunk to a depth of at 
 least ten feet from the lowest part of the rim of such shaft 
 at the surface, or deeper, if necessary, to show by such work 
 a vein or lode of mineral deposit in place. A cut, cross-cut, 
 or tunnel, which cuts the lode at a depth of ten feet, or an 
 open-cut at least six feet deep, four feet wide, and ten feet 
 in length along the lode from the point where same may in 
 any manner be discovered, is equivalent to such discovery shaft. 
 Within 60 days from date of posting location notice, a copy 
 of the location notice must be filed for record, together with 
 the affidavit of the locator or other person that the discovery 
 work has been performed. 
 
 SOUTH DAKOTA 
 
 The width of lode claims shall be 150 feet on each side of 
 the centre of the vein. The boundaries shall be marked, before 
 filing location certificate, by eight posts, hewed or blazed on 
 the side or sides facing the claim and plainly marked with 
 the name of lode and corner, end, or side of claim that they 
 respectively represent, and set in ground or monument of stone. 
 One post to be placed at each corner, one at the centre of each 
 side-line, and one at each end of the lode. There should be 
 posted at the point of discovery on the surface, before filing 
 location certificate, a notice containing: The name of lode; 
 the name or names of locators; the date of discovery; the 
 length on each side of discovery; the width on each side of 
 lode. Within 60 days from uncovering or disclosing a lode, 
 and before recording the location certificate, the discovery shaft 
 must be sunk a- sufficient depth to show a well defined mineral 
 vein or lode, and not less than ten feet in depth on the lower 
 
192 MINING LAW 
 
 side. Any open-cut of at least ten-foot face, cross-cut, or tunnel 
 at a depth sufficient to disclose the mineral vein or lode, or 
 an adit driven at least ten feet in along the lode from the point 
 where the lode may be in any manner discovered, shall be 
 equivalent to a discovery shaft. Sixty days from date of dis- 
 covery are allowed to record a location certificate, which shall 
 contain: Name of lode; name or names of locators; date of 
 location; length on each side of discovery shaft; width on each 
 side of lode; general course of lode. When the location cer- 
 tificate is filed for record, an acknowledgment must be taken 
 and posted with the original notice on the claim within ninety 
 days from date of the original notice on the ground, the acknowl- 
 edgment certificate to contain name of location, name or names 
 of locators, date of filing, and book and page where recorded. 
 
 Upon making a discovery, erect a monument at place of dis- 
 covery and place thereon a location notice containing: Name 
 of lode or claim; name of locator or locators; date of location; 
 if a lode claim, length along vein each way from discovery, 
 width on each side of vein, general course of vein, and refer- 
 ence by natural object or permanent monument; if a placer 
 or millsite claim, the number of acres or superficial feet claimed, 
 and reference to a natural object or permanent monument. 
 Within thirty days from date of posting location notice, file a 
 substantial copy for record. End-lines of each claim must be 
 parallel. When doing the assessment work for a group at one 
 point, post a notice at the discovery monument of each claim 
 stating where such work is being done; also post a notice 
 at entrance to the workings where said work is being done, 
 stating the name of the claims for which the work is being 
 done. Proof of labor may be made and filed within thirty days 
 after completion of work or improvements, which shall be prima 
 facie evidence of the facts therein stated. 
 
 WASHINGTON 
 
 LODE LOCATIONS . 
 
 Locators shall post at the discovery at time of discovery a 
 
STATE STATUTES 193 
 
 notice containing the name of the lode, the name of the locator 
 or locators, and the date of discovery. Boundaries must be 
 marked, before filing notice for record, by substantial posts or 
 stone monuments bearing name of lode and date of location, 
 one at each corner of the claim. Monuments and posts must 
 not be less than three feet high. If posts, they must not be 
 less than four inches in diameter. Brush should be cut and 
 trees blazed to mark the lines. Before filing location notice 
 for record, except on mining claims located west of the sum- 
 mit of the Cascade mountains, sink a discovery shaft upon the 
 lode to a depth of ten feet from the lowest part of the rim of 
 such a shaft at the surface. Any open-cut or tunnel having a 
 length of ten feet which shall cut a lode at a depth of ten 
 feet below the surface, shall be equivalent to a discovery shaft. 
 Within 90 days from date of discovery, record a location notice, 
 containing: Name or names of locators; date of location; length 
 on each side of discovery; general course of lode; reference to 
 some natural object or permanent monument. Proof of labor 
 may be made and recorded upon placer and lode claims within 
 thirty days after the expiration of the time fixed for annual 
 labor or improvements, and shall be prima facie evidence of 
 such labor or improvements. 
 
 PLACER LOCATIONS 
 
 Post immediately at point of discovery a location notice con- 
 taining: Name of claim; name of locator or locators; date of 
 discovery and posting notice; description of claim by reference 
 to legal subdivisions if in conformity with the public surveys, 
 otherwise refer to natural object or permanent monument. Mark 
 the boundaries upon the ground within thirty days from dis- 
 covery, even if claim is located by legal subdivisions. Within 
 thirty days from date of discovery record the location notice. 
 Within sixty days from date of discovery, perform labor in 
 developing, aggregating at least ten dollars for each twenty 
 acres or fractional part, except that this does not apply to 
 placer claims located for the development of petroleum, natural 
 gas, and other natural oil products. Upon performance of the 
 discovery or location labor, file affidavit of its performance and 
 
194 MINING LAW 
 
 nature, 'proof of labor',, which shall be prima facie evidence of 
 the facts therein stated. 
 
 WYOMING 
 
 LODE LOCATIONS 
 
 Post at point of discovery on the surface, before filing loca- 
 tion certificate, a notice containing: Name of lode or claim; 
 name of discoverer and locator; date of such discovery. Be- 
 fore filing location certificate, mark boundaries by six monu- 
 ments of stone or posts, hewed or marked on the side which 
 faces the claim; one monument at each side corner and one 
 at the centre of each side-line. Within 60 days from discovery 
 of lode and before filing "a location certificate, sink a shaft 
 upon the discovery lode to a depth of ten feet from the lowest 
 part of the rim of such shaft at the surface. Any open-cut 
 which shall cut the vein ten feet in length and with face ten 
 feet in height, or any cross-cut or tunnel on the vein ten feet 
 in length and cutting the vein ten feet below the surface as 
 measured from the bottom of such tunnel, is the equivalent of 
 a discovery shaft. Sixty days from date of discovery are al- 
 lowed to record a location certificate containing: Name of 
 lode claim; name or names of locators; date of location; length 
 along vein each way from discovery shaft; width on each side 
 of discovery workings; general course of vein; reference to sec- 
 tion or quarter-section corner if upon surveyed land, or to 
 natural object or permanent monument if upon unsurveyed land. 
 Proof of labor may be made and recorded within 60 days of 
 the completion of the required assessment work. 
 
 PLACEB LOCATIONS 
 
 Post upon claim, before filing location certificate, a notice 
 containing the name of claim, name of locator or locators, date 
 of discovery, and number of feet or acres claimed. Mark, 
 before filing location certificate, by posts or stone monuments 
 at each corner of claim. Within ninety days after discovery, 
 record a location certificate containing: Name of claim desig- 
 nated as a placer; name or names of locators; date of location; 
 number of feet or acres claimed; reference to a natural object 
 or permanent monument. 
 
APPENDIX B. 
 
 UNITED STATES MINING STATUTES AND REGULA- 
 TIONS OF THE GENERAL LAND OFFICE. 
 APPROVED MARCH 29, 1909. 
 
 LAWS. 
 
 TITLE XXXII, CHAPTER 6, REVISED 
 STATUTES. 
 
 Mineral Lauds and Mining Resources. 
 
 Sec. 2318. In all cases lands valuable for minerals Mineral 
 shall be reserved from sale, except as otherwise expressly lands reserved. 
 directed by law. 
 
 Sec. 2319. All valuable mineral deposits in lands be- Mineral 
 longing to the United States, both surveyed and unsur- p^rchas^ 6 " b*y 
 veyed, are hereby declared to be free and open to ex- citizens. 
 ploration and purchase, and the lands in which they are 
 found to occupation and purchase, by citizens of the 
 United States and those who have declared their inten- 
 tion to become such, under regulations prescribed by law, 
 and according to the local customs or rules of miners in 
 the several mining districts, so far as the same are appli- 
 cable and not inconsistent with the laws of the United 
 States. 
 
 Sec. 2320. Mining claims upon veins or lodes of quartz Length of 
 
 or other rock in place bearing gold, silver, cinnabar, lead, mining claims 
 
 * upon veins or 
 
 tin, copper, or other valuable deposits, heretofore located, lodes. 
 
 shall be governed as to length along the vein or lode by 
 
 the customs, regulations, and laws in force at the date 
 
 of their location. A mining claim located after the tenth 
 
 day of May, eighteen hundred and seventy-two, whether 
 
 located by one or more persons, may equal, but shall not 
 
 exceed, one thousand five hundred feet in length along the 
 
 vein or lode; but no location of a mining claim shall be 
 
 made until the discovery of the vein or lode within the 
 
 195 
 
196 MINING LAW 
 
 limits of the claim located. No claim shall extend more 
 than three hundred feet on each side of the middle of the 
 vein at the surface, nor shall any claim be limited by any 
 mining regulation to less than twenty-five feet on each 
 side of the middle of the vein at the surface, except where 
 adverse rights existing on the tenth day of May, eighteen 
 hundred and seventy-two, render such limitation neces- 
 sary. The end lines of each claim shall be parallel to 
 each other. 
 Proof of citi- Sec. 2321. Proof of citizenship, under this chapter, may 
 consist, in the case of an individual, of his own affidavit 
 thereof; in the case of an association of persons unincor- 
 porated, of the affidavit of their authorized agent, made 
 on his own knowledge or upon information and belief; 
 and in the case of a corporation organized under the laws 
 of the United States, or of any State or Territory thereof, 
 by the filing of a certified copy of their charter or cer- 
 tificate of incorporation. 
 Locators' Sec. 2322. The locators of all mining locations hereto- 
 session and en- f° re made or which shall hereafter be made, on any min- 
 joyment. era i ve j n; i 0( j e| or ledge, situated on the public domain, 
 
 their heirs and assigns, where no adverse claim exists on 
 the tenth day of May, eighteen hundred and seventy-two, 
 so long as they comply with the laws of the United States, 
 and with State, Territorial, and local regulations not in 
 conflict with the laws of the United States governing their 
 possessory title, shall have the exclusive right of posses- 
 sion and enjoyment of all the surface included within the 
 lines of their locations, and of all veins, lodes, and ledges 
 throughout their entire depth, the top or apex of which 
 lies inside of such surface lines extended downward ver- 
 tically, although such veins, lodes, or ledges may so far 
 depart from a perpendicular in their course downward 
 as to extend outside the vertical side lines of such surface 
 locations. But their right of possession to such outside 
 parts of such veins or ledges shall be confined to such 
 portions thereof as lie between vertical planes drawn 
 downward as above described, through the end lines of 
 
U. S. STATUTES 197 
 
 their locations, so continued in their own direction that 
 such planes will intersect such exterior parts of such 
 veins or ledges. And nothing in this section shall author- 
 ize the locator or possessor ot a vein or lode which extends 
 in its downward course beyond the vertical lines of his 
 claim to enter upon the surface of a claim owned or 
 possessed by another. 
 
 Sec. 2323. Where a tunnel is run for the development Owners of 
 of a vein or lode, or for the discovery of mines, the own- tunnels, rights 
 ers of- such tunnel shall have the right of possession of all 
 veins or lodes within three thousand feet from the face of 
 such tunnel on the line thereof, not previously known to 
 exist, discovered in such tunnel, to the same extent as if 
 discovered from the surface; and locations on the line of 
 such tunnel of veins or lodes not appearing on the sur- 
 face, made by other parties after the commencement of 
 the tunnel, and while the same is being prosecuted with 
 reasonable diligence, shall be invalid, but failure to prose- 
 cute the work on the tunnel for six months shall be con- 
 sidered as an abandonment of the right to all undiscov- 
 ered veins on the line of such tunnel. 
 
 Sec. 2324. The miners of each mining district may Regulati o n s 
 make regulations not in conflict with the laws of the ™ ^ ae Dy m in- 
 United States, or with the laws of the State or Territory 
 in which the district is situated, governing the location, 
 manner of recording, amount of work necessary to hold 
 possession of a mining claim, subject to the following 
 requirements: The location must be distinctly marked on 
 the ground so that . its boundaries can be readily traced. 
 All records of mining claims hereafter made shall con- 
 tain the name or names of the locators, the date of the 
 location, and such a 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. 
 
198 MINING LAW 
 
 On all claims located prior to the tenth day of May, 
 eighteen hundred and seventy-two, ten dollars' worth of 
 labor shall be performed or improvements made by the 
 tenth day of June, eighteen hundred and seventy-four, 
 and each year thereafter, for each one hundred feet in 
 length along the vein until a patent has been issued there- 
 for; but where such claims are held in common, such 
 expenditure may be made upon any one claim; and upon 
 a failure to comply with these conditions the claim or 
 mine upon which such failure occurred shall be open to 
 relocation in the same manner as if no location of the 
 same had ever been made, provided that the original 
 locators, their heirs, assigns, or legal representatives, 
 have not resumed work upon the claim after failure and 
 before such location. Upon the failure of any one of 
 several co-owners to contribute his proportion of the ex- 
 penditures required hereby, the co-owners who have per- 
 formed the labor or made the improvements may, at the 
 expiration of the year, give such delinquent co-owner 
 personal notice in writing or notice by publication in 
 the newspaper published nearest the claim for at least 
 once a week for ninety days, and if at the expiration of 
 ninety days after such notice in writing or by publication 
 such delinquent should fail or refuse to contribute his pro- 
 portion of the expenditure required by this section his 
 interest in the claim shall become the property of his co- 
 owners who have made the required expenditures. 
 Patents for Sec. 2325. A patent for any land claimed and located 
 how er obtaiSed S ' for valuable deposits may be obtained in the following 
 manner: Any person, association, or corporation author- 
 ized to locate a claim under this chapter, having claimed 
 and located a piece of land for such purposes, who has, 
 or have, complied with the terms of this chapter, may 
 file in the proper land office an application for a patent, 
 under oath, showing such compliance, together with a plat 
 and field notes of the claim or claims in common, made by 
 or under the direction of the United States surveyor-gen- 
 eral, showing accurately the boundaries of the claim or 
 
U. S. STATUTES 199 
 
 claims, which shall be distinctly marked by monuments on 
 the ground, and shall post a copy of such plat, together 
 with a notice of such application for a patent, in a con- 
 spicuous place on the land embraced in such plat previous 
 to the filing of the application for a patent, and shall file 
 an affidavit of at- least two persons that such notice has 
 been duly posted, and shall file a copy of the notice in such 
 land office, and shall thereupon be entitled to a patent for 
 the land, in the manner following: The register of the 
 land office, upon the filing of such application, plat, field 
 notes, notices, and affidavits, shall publish a notice that 
 such application has been made, for the period of sixty 
 days, in a newspaper to be by him designated as published 
 nearest to such claim; and he shall also post such notice 
 in his office for the same period. The claimant at the time 
 of filing this application, or at any time thereafter, within 
 the sixty days of publication, shall file with the register 
 a certificate of the United States surveyor-general that 
 five hundred dollars' worth of labor has been expended 
 or improvements made upon the claim by himself or 
 grantors; that the plat is correct, with such further de- 
 scription by such reference to natural objects or perma- 
 nent monuments as shall identify the claim, and furnish 
 an accurate description to be incorporated in the patent. 
 At the expiration of the sixty days of publication the 
 claimant shall file his affidavit, showing that the plat and 
 notice have been posted in a conspicuous place on the claim 
 during such period of publication. If no adverse claim 
 shall have been filed with the register and the receiver 
 of the proper land office at the expiration of the sixty days 
 of publication, it shall be assumed that the applicant is 
 entitled to a patent, upon the payment to the proper officer 
 of five dollars per acre, and that no adverse claim exists; 
 and thereafter no objection from third parties to the issu- 
 ance of a patent shall be heard, except it be shown that 
 the applicant has failed to comply with the terms of this 
 chapter. Adverse 
 
 Sec. 2326. "Where an adverse claim is filed during the ?^ m j, n proceed " 
 
200 MINING LAW 
 
 period of publication, it shall be upon oath of the person 
 or persons making the same, and shall show the nature, 
 boundaries, and extent of such adverse claim, and all pro- 
 ceedings, except the publication of notice and making 
 and filing of the affidavit thereof, shall be stayed until the 
 controversy shall have been settled or decided by a court 
 of competent jurisdiction, or the adverse claim waived. 
 It shall be the duty of the adverse claimant, within thirty 
 days after filing his claim, to commence proceedings in a 
 court of competent jurisdiction, to determine the question 
 of the right of possession, and prosecute the same with 
 reasonable diligence to final judgment; and a failure so 
 to do shall be a waiver of his adverse claim. After such 
 judgment shall have been rendered, the party entitled to 
 the possession of the claim, or any portion thereof, may, 
 without giving further notice, file a certified copy of the 
 judgment-roll with the register of the land office, together 
 with the certificate of the surveyor-general that the requi- 
 site amount of labor has been expended or improvements 
 made thereon, and the description required in other cases, 
 and shall pay to the receiver five dollars per acre for his 
 claim, together with the proper fees, whereupon the whole 
 proceedings and the judgment-roll shall be certified by the 
 register to the Commissioner of the General Land Office, 
 and a patent shall issue thereon for the claim, or such por- 
 tion thereof as the applicant shall appear, from the deci- 
 sion of the court, to rightly possess. If it appears from 
 the decision of the court that several parties are entitled 
 to separate and different portions of the claim, each party 
 may pay for his portion of the claim with the proper fees, 
 and file the certificate and description by the surveyor- 
 general, whereupon the register shall certify the proceed- 
 ings and judgment-roll to the Commissioner of the Gen- 
 eral Land Office, as in the preceding case, and patents 
 shall issue to the several parties according to their respec- 
 tive rights. Nothing herein contained shall be construed 
 to prevent the alienation of a title conveyed by a patent 
 for a mining claim to any person whatever. 
 
U. S. STATUTES 201 
 
 Sec. .2327. The description of vein or lode claims upon Description 
 surveyed lands shall designate the location of the claims or i 0( j e claims, 
 with reference to the lines of the public survey, but need 
 not conform therewith; but where patents have been or 
 shall be issued for claims upon unsurveyed lands, the 
 surveyors-general, in extending the public survey, shall 
 adjust the same to the boundaries of said patented claims 
 so as in no case to interfere with or change the true loca- 
 tion of such claims as they are officially established upon 
 the ground. Where patents have issued for mineral lands, Patents t o 
 those lands only shall be segregated and shall be deemed official 'monii- 
 to be patented which are bounded by the lines actually ments. 
 marked, denned, and established upon the ground by the 
 monuments of the official survey upon which the patent 
 grant is based, and surveyors-general in executing sub- 
 sequent patent surveys, whether upon surveyed or unsur- 
 veyed lands, shall be governed accordingly. The said Monume n t s 
 monuments shall at all times constitute the highest author- '° ;SI* r s " de ~ 
 ity as to what land is patented, and in case of any conflict 
 between the said monuments of such patented claims and 
 the descriptions of said claims in the patents issued there- 
 for the monuments on the ground shall govern, and errone- 
 ous or inconsistent descriptions or calls in the patent 
 descriptions shall give way thereto. 
 
 Sec. 2328. Applications for patents for mining claims Pending ap- 
 under former laws now pending may be prosecuted to a jg ting rights. 
 final decision in the General Land Office; but in such 
 cases where adverse rights are not affected thereby, pat- 
 ents may issue in pursuance of the provisions of this 
 chapter; and all patents for mining claims upon veins or 
 lodes heretofore issued shall convey all the rights and 
 privileges conferred by this chapter, where no adverse 
 rights existed on the tenth day of May, eighteen hundred 
 and seventy-two. 
 
 Sec. 2329. Claims usually called "placers," including Conformity 
 
 ., of placer claims 
 all forms of deposit, excepting veins of quartz, or other to surveys, 
 
 rock in place, shall be subject to entry and patent, under llmlt of - 
 
 like circumstances and conditions, and upon similar pro- 
 
202 MINING LAW 
 
 ceedings, as are provided for vein or lode claims; but 
 where the lands have been previously surveyed by the 
 United States, the entry in its exterior limits shall con- 
 form to the legal subdivisions of the public lands. 
 Subdivisio n s Sec. 2330. Legal subdivisions of forty acres may be 
 tractsf n "maxi- subdivided into ten-acre tracts; and two or more persons, 
 
 mum of placer or associations of persons, having contiguous claims of 
 locations. ' 
 
 any size, although such claims may be less than ten acres 
 
 each, may make joint entry thereof; but no location of a 
 placer claim, made after the ninth day of July, eighteen 
 hundred and seventy, shall exceed one hundred and sixty 
 acres for any one person or association of persons, which 
 location shall conform to the United States surveys; and 
 nothing in this section contained shall defeat or impair 
 any bona fide preemption or homestead claim upon agri- 
 cultural lands, or authorize the sale of the improvements 
 of any bona fide settler to any purchaser. 
 Conform i t y Sec. 2331. Where placer claims are upon surveyed lands, 
 t o P s'ur v e y n s! an( i conform to legal subdivisions, no further survey or 
 limitation o f p i at s hall be required, and all placer-mining claims located 
 after the tenth day of May, eighteen hundred and seventy- 
 two, shall conform as near as practicable with the United 
 States system of public-land surveys, and the rectangular 
 subdivisions of such surveys, and no such location shall 
 include more than twenty acres for each individual claim- 
 ant; but where placer claims can not be conformed to 
 legal subdivisions, survey and plat shall be made as on 
 unsurveyed lands; and where by the segregation of mineral 
 lands in any legal subdivision a quantity of agricultural 
 land less than forty acres remains, such fractional portion 
 of agricultural land may be entered by any party qualified 
 by law, for homestead or preemption purposes. 
 What e v i- Sec. 2332. Where such person or association, they and 
 session, &c, to their grantors, have held and worked their claims for a 
 right* to* a, S i>at- P er i° d equal to the time prescribed by the statute of 
 ent. limitations for mining claims of the State or Territory 
 
 where the same may be situated, evidence of such posses- 
 sion and working of the claims for such period shall be 
 
U. S. STATUTES 203 
 
 sufficient to establish a right to a patent thereto under this 
 chapter, in the absence of any adverse claim; but nothing 
 in this chapter shall be deemed to impair any lien which 
 may have attached in any way whatever to any mining 
 claim or property thereto attached prior to the issuance 
 of a patent. 
 
 Sec. 2333. Where the same person, association, or cor- P r oceedings 
 poration is in possession of a placer claim, and also a vein piac&r^c "a im 
 or lode included within the boundaries thereof, applica- &c - 
 tion shall be made for a patent for the placer claim, with 
 the statement that it includes such vein or lode, and in 
 such case a patent shall issue for the placer claim, subject 
 to the provisions of this chapter, including such vein or 
 lode, upon the payment of five dollars per acre for such 
 vein or lode claim and' twenty-five feet of surface on each 
 side thereof. The remainder of the placer claim or any 
 placer elaim not embracing any vein or lode claim shall 
 be paid for at the rate of two dollars and fifty cents per 
 acre, together with all costs of proceedings; and where a 
 vein or lode, such as is described in section twenty-three 
 hundred and twenty, is known to exist within the bound- 
 aries of a placer claim, an application for a patent for 
 such placer claim which does not include an application 
 for the vein or lode claim shall be construed as a con- 
 clusive declaration that the claimant of the placer claim 
 has no right of possession of the vein or lode claim; but 
 where the existence of a vein or lode in a placer claim is 
 not known, a patent for the placer claim shall convey all 
 valuable mineral and other deposits within the boundaries 
 thereof. 
 
 Sec. 2334. The surveyor-general of the United States S u r v e y or- 
 . ^ . , , , ,. . . . . . . , general to ap- 
 
 may appoint in each land district containing mineral po ;nt survey- 
 lands as many competent surveyors as shall apply ferVA ot &J. lmns 
 appointment to survey mining claims. The expenses of 
 the survey of vein or lode claims, and the survey and sub- 
 division of placer claims into smaller quantities than one 
 hundred and sixty acres, together with the cost of publi- 
 cation of notices, shall be paid by the applicants, and they 
 
204 • MINING LAW 
 
 shall be at liberty to obtain the same at the most reason- 
 able rates, and they shall also be at liberty to employ any 
 United States deputy surveyor to make the survey. The 
 Commissioner of the General Land Office shall also have 
 power to establish the maximum charges for surveys and 
 publication of notices under this chapter; and, in case of 
 excessive charges for publication, he may designate any 
 newspaper published in a land district where mines are 
 situated for the publication of mining notices in such dis- 
 trict, and fix the rates to be charged by such paper; and, 
 to the end that the Commissioner may be fully informed 
 on the subject, each applicant shall file with the register 
 a sworn statement of all charges and fees paid by such 
 applicant for publication and surveys, together with all 
 fees and money paid the register and the receiver of the 
 land office, which statement shall be transmitted, with the 
 other papers in the case, to the Commissioner of the Gen- 
 eral Land Office. 
 Veriflcat i o n Sec. 2335. All affidavits required to be made under this 
 
 & c a v ' s ' chapter may be verified before any officer authorized to 
 administer oaths within the land district where the claims 
 may be situated, and all testimony and proofs may be 
 taken before any such officer, and, when duly certified by 
 the officer taking the same, shall have the same force and 
 effect as if taken before the register and receiver of the 
 land office. In cases of contest as to the mineral or agri- 
 cultural character of land, the testimony and proofs may 
 be taken as herein provided on personal notice of at least 
 ten days to the opposing party; or if such party can not 
 be found, then by publication of at least once a week for 
 thirty days in a newspaper, to be designated by the regis- 
 ter of the land office as published nearest to the' location 
 of such land; and the register shall require proof that 
 such notice has been given. 
 Where veins Sec. 2336. Where two or more veins intersect or cross 
 
 intersect, &c. eacll ther, priority of title shall govern, and such prior 
 location shall be entitled to all ore or mineral contained 
 within the space of intersection; but the subsequent loca- 
 
U. S. STATUTES 205 
 
 tion shall have the right of way through the space of 
 intersection for the purposes of the convenient working 
 of the mine. And where two or more veins unite, the old- 
 est or prior location shall take the vein below the point of 
 union, including all the space of intersection. 
 
 Sec. 2337. Where nonmineral land not contiguous to Patents for 
 , ,. , . nonmineral 
 
 the vein or lode is used or occupied by the proprietor of lands, &c 
 
 such vein or lode for mining or milling purposes, such 
 nonadjacent surface ground may be embraced and in- 
 cluded in an application for a patent for such vein or 
 lode, and the same may be patented therewith, subject to 
 the same preliminary requirements as to survey and notice 
 as are applicable to veins or lodes; but no location here- 
 after made of such nonadjacent land shall exceed five acres, 
 and payment for the same must be made at the same 
 rate as fixed by this chapter for the superficies of the 
 lode. The owner of a quartz mill or reduction -works, not 
 owning a mine in connection therewith, may also receive 
 a patent for his mill site, as provided in this section. 
 
 Sec. 2338. As a condition of sale, in the absence of What condi- 
 necessary legislation by Congress, the local legislature of may be ma( j e 
 any State or Territory may provide rules for working J>y local legis- 
 mines, involving easements, drainage, and other necessary 
 means to their complete development; and those conditions 
 shall be fully expressed in the patent. 
 
 Sec. 2339. Whenever, by priority of possession, rights Vested rights 
 
 ., „ . . . . ., , „ . to use of water 
 
 to the use of water for mining, agricultural, manufactur- f or mining, & c .; 
 
 ing, or other purposes, have vested and accrued, and the J' sh ' ° f . way 
 
 lor c&n&is. 
 
 same are recognized and acknowledged by the local cus- 
 toms, laws, and the decisions of courts, the possessors 
 and owners of such vested rights shall be maintained and 
 protected in the same; and the right of way for the con- 
 struction of ditches and canals for the purposes herein 
 specified is acknowledged and confirmed; but whenever 
 any person, in the construction of any ditch or canal, in- 
 jures or damages the possession of any settler on the public 
 domain, the party- committing such injury or damage shall 
 be liable to the party injured for such injury or damage. 
 
206 MINING LAW 
 
 Patents, pre- Sec. 2340. All patents granted, or preemption or home- 
 h™ P m e n s S t e ads steads allowed, shall be subject to any vested and accrued 
 
 subject to vest- water r jght s , or rights to ditches and reservoirs used in 
 ed and accrued 
 
 water rights, connection with such water rights, as may have been ac- 
 quired under or recognized by the preceding section. 
 Mineral Sec. 2341. Wherever, upon the lands heretofore desig- 
 n a o nd va 1 i n uable nateli as mineral lands, which have been excluded from 
 mines are dis- survey and sale, there have been homesteads made by citi- 
 covered open 
 to homesteads. zens of the United States, or persons who have declared 
 
 their intention to become citizens, which homesteads have 
 
 been made, improved, and used for agricultural purposes, 
 
 and upon which there have been no valuable mines of 
 
 gold, silver, cinnabar, or copper discovered, and which are 
 
 properly agricultural lands, the settlers or owners of such 
 
 homesteads shall have a right of preemption thereto, and 
 
 shall be entitled to purchase the same at the price of one 
 
 dollar and twenty -five cents per acre, and in quantity not 
 
 to exceed one hundred and sixty acres; or they may avail 
 
 themselves of the provisions of chapter five of this Title, 
 
 relating to "Homesteads." 
 
 Mineral. Sec. 2342. Upon the survey of the lands described in 
 
 apart' as°^agri- tne preceding section, the Secretary of the Interior may 
 
 cultural lands, designate and set apart such portions of the same as are 
 
 clearly agricultural lands, which lands shall thereafter be 
 
 subject to preemption and sale as other public lands, and 
 
 be subject to all the laws and regulations applicable to the 
 
 same. 
 
 Additional Sec. 2343. The President is authorized to establish addi- 
 
 and offl' c e'r s! tional land districts, and to appoint the necessary officers 
 
 power of the under existing laws, wherever he may deem the same nec- 
 P r e s ident to 
 
 provide. essary for the public convenience in executing the provi- 
 
 sions of this chapter. 
 
 Provisions of Sec. 2344. Nothing contained in this chapter shall be 
 this ch&pter 
 not to affect construed to impair, in any way, rights or interests in 
 
 certain rights. m i n i ng property acquired under existing laws; nor to 
 
 affect the provisions of the act entitled "An act granting 
 
 to A. Sutro the right of way and other- privileges to aid 
 
 in the construction of a draining and exploring tunnel 
 
U. S. STATUTES 207 
 
 to the Comstock lode, in the State of Nevada," approved 
 July twenty-five, eighteen hundred and sixty-six. 
 
 Sec. 2345. The provisions of the preceding sections of Mineral 
 this chapter shall not apply to the mineral lands situated tain states ex- 
 in the States of Michigan, Wisconsin, and Minnesota, ce P ted - 
 which are declared free and open to exploration and pur- 
 chase, according to legal subdivisions, in like manner as 
 before the tenth day of May, eighteen hundred and seventy- 
 two. Any bona fide entries of such lands within the States 
 named since the tenth day of May, eighteen hundred and 
 seventy-two, may be patented without reference to any of 
 the foregoing provisions of this chapter. Such lands shall 
 be offered for public sale in the same manner, at the same 
 minimum price, and under the same rights of preemption 
 as other public lands. 
 
 Sec. 2346. No act passed at the first session of the Grant 'of 
 
 Thirty-eighth Congress, granting lands to States or cor- or corporations 
 
 porations to aid in the construction of roads or for other "R 1 to , lncl " de 
 
 mineral lands, 
 purposes, or to extend the time of grants made prior to 
 
 the thirtieth day of January, eighteen hundred and sixty- 
 five, shall be so construed as to embrace mineral lands, 
 which in all cases are reserved exclusively to the United 
 States, unless otherwise specially provided in the act or 
 acts making the grant. 
 
 ACTS OF CONGRESS PASSED SUBSEQUENT 
 TO THE REVISED STATUTES. 
 
 AN ACT To amend the act entitled "An act to promote the 
 development of the mining resources of the United States," 
 passed May tenth, eighteen hundred and seventy-two. 
 
 Be it enacted by the Senate and House of Representa- Claim lo- 
 tives of the United States of America in Congress assem- jfay d lo ri °1872 
 bled, That the provisions of the fifth section of the act first annual ex- 
 entitled "An act to promote the development of the min- telideVto Jan" 
 ing resources of the United States," passed May tenth, 1 - 1876 - 
 eighteen hundred and seventy-two, which requires expend- 
 
208 MINING LAW 
 
 itures of labor and improvements on claims located prior 
 to the passage of said act, are hereby so amended that 
 the time for the first annual expenditure on claims located 
 prior to the passage of said act shall be extended to the 
 first day of January, eighteen hundred and seventy-five. 
 
 AN ACT To amend section two thousand three hundred and 
 twenty-four of the Revised Statutes, relating to the de- 
 velopment of the mining resources of the United States. 
 
 M o n e y ex- Be it enacted by the Senate and House of Representor 
 
 tunnel & consid^ tives of the United States of America in Congress assem- 
 
 ered as expend- (,z e( 7 That section two thousand three hundred and twenty- 
 ed on the lode. ' 
 
 four of the Revised Statutes be, and the same is hereby, 
 
 amended so that where a person or company has or may 
 
 run a tunnel for the purpose of developing a lode or lodes, 
 
 owned by said person or company, the money so expended 
 
 in said tunnel shall be taken and considered as expended 
 
 on said lode or lodes, whether located prior to or since 
 
 the passage of said act; and such person or company shall 
 
 not be required to perform work on the surface of said 
 
 lode or lodes in order to hold the same as required by 
 
 said act. 
 
 AN ACT To exclude the States of Missouri and Kansas from 
 the provisions of the act of Congress entitled "An act to 
 promote the development of the mining resources of the 
 United States," approved May tenth, eighteen hundred and 
 seventy-two. 
 
 Missouri and Be it enacted oy the Senate and House of Representa- 
 Kansas exclud- .. . iT rT .. , „. _, . . . . ^ 
 
 ed from the op- fives of the United States of America in Congress assem- 
 
 mi^e?al °aws he Ued ' Tnat witnin the States of Missouri and Kansas de- 
 posits of coal, iron, lead, or other mineral be, and they are 
 hereby, excluded from the operation of the act entitled 
 "An act to promote the development of the mining re- 
 sources of the United States," approved May tenth, eight- 
 een hundred and seventy-two, and all lands in said States 
 shall be subject to disposal as agricultural lands. 
 
ACTS OF CONGRESS 209 
 
 A IV ACT Authorizing the citizens of Colorado, Nevada, and 
 the Territories to fell and remove timber on the public 
 domain for mining; and domestic purposes. 
 
 Be it enacted by the Senate and House of Representa- C i t izens of 
 tives of the United States of America in Congress assem- vada ra< and ^he 
 Med, That all citizens of the United States and other Territories au- 
 persons, bona fide residents of the State of Colorado, or and re -move 
 Nevada, or either of the Territories of New Mexico, Ari- jj^jj" domain 
 zona, Utah, Wyoming, Dakota, Idaho, or Montana, and for mining and 
 all other mineral districts of the United States, shall be, poses. 
 and are hereby, authorized and permitted to fell and re- 
 move, for building, agricultural, mining, or other domestic 
 purposes, any timber or other trees growing or being on 
 the public lands, said lands being mineral, and not subject 
 to entry under existing laws of the United States, except 
 for mineral entry, in either of said States, Territories, or 
 districts of which such citizens or persons may be at that 
 time bona fide residents, subject to such rules and regu- 
 lations as the Secretary of the Interior may prescribe for 
 the protection of the timber and of the undergrowth grow- 
 ing upon such lands, and for other purposes: Provided, 
 The provisions of this act shall not extend to railroad cor- 
 porations. 
 
 Sec. 2. That it shall be the duty of the register and the 
 receiver of any local land office in whose district any 
 mineral land may be situated to ascertain from time to 
 time whether any timber is being cut or used upon any 
 such lands, except for the purposes authorized by this act, 
 within their respective land districts; and, if so, they 
 shall immediately notify the Commissioner of the General 
 Land Office of that fact; and all necessary expenses in- 
 curred in making such proper examinations shall be paid 
 and allowed such register and receiver in making up their 
 next quarterly accounts. 
 
 Sec. 3. Any person or persons who shall violate the 
 provisions of this act, or any rules and regulations in 
 pursuance thereof made by the Secretary of the Interior, 
 
210 MINING LAW 
 
 ' shall be deemed guilty of a misdemeanor, and, upon con- 
 viction, shall be fined in any sum not exceeding Ave hun- 
 dred dollars, arid to which may be added imprisonment 
 for any term not exceeding six months. 
 
 AN ACT To amend sections twenty-three hundred and 
 twenty-four and twenty-three hundred and twenty-five of 
 the Revised Statutes of the United States concerning min- 
 eral lands. 
 
 Applicat ion Be it enacted by the Senate and House of Representa- 
 bemide n by n ^ r - tives °f tfle United States of America in Congress assem- 
 thorized agent, bled, That section twenty-three hundred and twenty-five 
 of the Revised Statutes of the United States be amended 
 by adding thereto the following words: "Provided, That 
 where the claimant for a patent is not a resident of or 
 within the land district wherein the vein, lode, ledge, or 
 deposit sought to be patented is located, the application 
 for patent and the affidavits required to be made in this 
 section by the claimant for such patent may be made by 
 his, her, or its authorized agent, where said agent is con- 
 versant with the facts sought to be established by said 
 affidavits: And provided, That this section shall apply to 
 all applications now pending for patents to mineral lands." 
 On unpatent- Sec. 2. That section twenty-three hundred and twenty- 
 od commences four of the Revised Statutes of the United States be 
 ceedMng dateof amended by addin S tne following words: "Provided, That 
 location. the period within which the work required to be done 
 
 annually on all unpatented mineral claims shall commence 
 on the first day of January succeeding the date of location 
 of such claim, and this section shall apply to all claims 
 located since the tenth day of May, anno Domini eighteen 
 hundred and seventy-two." 
 
 AN ACT To amend section twenty-three hundred and twenty- 
 six of the Revised Statutes relating to suits at law affect- 
 ing the title to mining claims. 
 
 In action 
 b r o ught title Be it enacted by the Senate and House of Representa- 
 
 "n'eithe^party! tives °f the Unitea States of America in Congress assem- 
 
ACTS OP CONGRESS 211 
 
 bled, That if, in any action brought pursuant to section 
 twenty-three hundred and twenty-six of the Revised 
 Statutes, title to the ground in controversy shall not be 
 established by either party, the jury shall so find, and 
 judgment shall be entered according to the verdict. In 
 such case costs shall not be allowed to either party, and 
 the claimant shall not proceed in the land office or be 
 entitled to a patent for the ground in controversy until he 
 shall have perfected his title. 
 
 AN ACT To amend section twenty-three hundred and twenty- 
 Nix of the Revised Statutes in regard to mineral lands, anil 
 for other purposes. 
 
 Be it enacted by the Senate and House of Representor Adverse claim 
 tives of the United States of America in Congress assent- Sj^'agent. 6 " 
 bled, That the adverse claim required by section twenty- 
 three hundred and twenty-six of the Revised Statutes may 
 be verified by the oath of any duly authorized agent or 
 attorney in fact of the adverse claimant cognizant of the 
 facts stated; and the adverse claimant, if residing or at 
 the time being beyond the limits of the district wherein 
 the claim is situated, may make oath to the adverse claim 
 before the clerk of any court of record of the United States 
 or the State or Territory where adverse claimant may then 
 be, or before any notary public of such State or Territory. 
 
 Sec. 2. That applicants for mineral patents, if residing Affidavit o 1 
 beyond the limits of the district wherein the claim is situ- fore whom 
 ated, may make any oath or affidavit required for proof ma(Je - 
 of citizenship before the clerk of any court of record, or 
 before any notary public of any State or Territory. 
 
 AN ACT -To exclude the public lands in Alabama from the 
 operation of the laws relating to mineral lands. 
 
 Be it enacted by the Senate and House of Representor Alabama ex- 
 
 tives of the United States of America in Congress assem- the operation 
 
 bled, That within the State of Alabama all public lands ° f the mineral 
 
 ' laws, 
 
 whether mineral or otherwise, shall be subject to disposal 
 
 only as agricultural lands: Provided, however, That all 
 
212 MINING LAW 
 
 lands which have heretofore been reported to the General 
 Land Office as containing coal and iron shall first be offered 
 at public sale: And provided further, That any bona fide 
 entry under the provisions of the homestead law of lands 
 within said State heretofore made may be patented with- 
 out reference to an act approved May tenth, eighteen hun- 
 dred and seventy-two, entitled "An act to promote the 
 development of the mining resources of the United States," 
 in cases where the persons making application for such 
 patents have in all other respects complied with the home- 
 stead law relating thereto. 
 
 AN ACT Providing a civil government for Alaska. 
 
 Be it enacted by the Senate and House of Representa- 
 tives of the United States of America in -Congress assem- 
 bled, 
 
 Mining laws Sec. 8. That the said district of Alaska is hereby created 
 rtYs trfc t° 'of 3 - land district, and a United States land office for said 
 Alaska. district is hereby located at Sitka. The commissioner pro- 
 
 vided for by this act to reside at Sitka shall be ex officio 
 register of said land office, and the clerk provided for by 
 this act shall be ex officio receiver of public moneys, and 
 the marshal provided for by this act shall be ex officio 
 surveyor-general of said district and the laws of the United 
 States relating to mining claims, and the rights incident 
 thereto shall, from and after the passage of this act, be in 
 full force and effect in said district, under the administra- 
 tion thereof herein provided for, subject to such regula- 
 tions as may be made by the Secretary of the Interior, ap- 
 proved by the President: Provided, That the Indians or 
 other persons in said district shall not be disturbed in the 
 possession of any lands actually in their use or occupa- 
 tion or now- claimed by them, but the terms under which 
 such persons may acquire title to such lands is reserved 
 for future legislation by Congress: And provided further, 
 That parties who have located mines or mineral privileges 
 
ACTS OP CONGRESS 213 
 
 therein under the laws of the United States applicable to 
 the public domain, or who have occupied and improved or 
 exercised acts of ownership over such claims, shall not be 
 disturbed therein, but shall be allowed to perfect their title 
 to such claims by payment as aforesaid: And provided 
 also, That the land not exceeding six hundred and forty 
 acres at any station now occupied as missionary stations 
 among the Indian tribes in said section, with the improve- 
 ments thereon erected by or for such societies, shall be 
 continued in the occupancy of the several religious societies 
 to which said missionary stations respectively belong until 
 action by Congress. But nothing contained in this act 
 shall be construed to put in force in said district the gen- 
 eral land laws of the United States. 
 
 AN ACT Making appropriations for sundry civil expenses of 
 the Government for the fiscal year ending' June thirtieth, 
 eighteen hundred and ninety-one, and for other purposes. 
 
 Be it enacted by the Senate and House of Representa- 
 tives of the United States of America in Congress assem- 
 bled, 
 
 No person who shall after the passage of this act, enter Right of en- 
 
 upon any of the public lands with a view to occupation, t j^ land^laws 
 
 entry, or settlement under any of the land laws shall be r?? trioted * ° 
 ' 320 acres. (Re- 
 
 permitted to acquire title to more than three hundred and pealed, see act 
 
 twenty acres in the aggregate, under all of said laws, but^ r ' 17 3 y 1891, 
 
 this limitation shall not operate to curtail the right of any Reservat i o n 
 
 in patents for 
 person who has heretofore made entry or settlement on right of way 
 
 the public lands, or whose occupation, entry or settlement, *°* ^J^ 8 c *^| 
 is validated by this act: Provided, That in all patents for structed. 
 lands hereafter taken up under any of the land laws of 
 the United States or on entries or claims validated by 
 this act west of the one hundredth meridian it shall be ex- 
 pressed that there is reserved from the lands in said pat- 
 ent described a right of way thereon for ditches or canals 
 constructed by the authority of the United States. * * * 
 
214 MINING LAW 
 
 AN ACT To repeal tl»e timber-culture laws, and for other 
 purposes. 
 
 Be it enacted by the Senate and House of Representa- 
 tives of the United States of America in Congress assem- 
 bled, 
 
 ****** 
 
 Town sites on Sec. 16. That town-site entries may be made by in- 
 
 auThor"ized! andS corporated towns and cities on the mineral lands of the 
 
 Lands en- united States, but no title shall be acquired by such 
 tered under the ., . 
 
 mineral laws towns or cities to any veins of gold, silver, cinnabar, cop- 
 
 restriction ed to Der > or lead > or to any valid mining claim or possession 
 320 acres. held under existing law. When mineral veins are pos- 
 
 sessed within the limits of an incorporated town or city, 
 and such possession is recognized by local authority or 
 by the laws of the United States, the title to town lots 
 shall be subject to such recognized possession and the 
 necessary use thereof, and when entry has been made or 
 patent issued for such town sites to such incorporated 
 town or city, the possessor of such mineral vein may enter 
 and .receive patent for such mineral vein, and the surface 
 ground appertaining thereto: Provided, That no entry 
 shall be made by such mineral-vein claimant for surface 
 ground where the owner or occupier of the surface ground 
 shall have had possession of the same before the inception 
 of the title of the mineral-vein applicant. 
 
 Sec. 17. That reservoir sites located or selected and to 
 be located and selected under the provisions of "An act 
 making appropriations for sundry civil expenses of the 
 Government for the fiscal year ending June thirtieth, 
 eighteen hundred and eighty-nine, and for other purposes," 
 and amendments thereto, shall be restricted to and shall 
 contain only so much land as is actually necessary for the 
 construction and maintenance of reservoirs, excluding so 
 far as practicable lands occupied by actual settlers at the 
 date of the location of said reservoirs, and that the pro- 
 visions of "An act making appropriations for sundry civil 
 expenses of the Government for the fiscal year ending June 
 
ACTS OP CONGRESS 215 
 
 thirtieth, eighteen hundred and ninety-one, and for other 
 purposes," which reads as follows, viz: "No person who 
 shall after the passage of this act enter upon any of the 
 public lands with a view to occupation, entry, or settle- 
 ment under any of the land laws shall be permitted to 
 acquire title to more than three hundred and twenty acres 
 in the aggregate under all said laws," shall be construed to 
 include in the maximum amount of lands the title to which 
 is permitted to be acquired by one person only agricultural 
 lands and not include lands entered or sought to be en- 
 tered under mineral land laws. 
 
 AN ACT To authorize the entry of land*) chiefly valuable for 
 building stone under the placer mining laws. 
 
 Be it enacted by the Senate and House of R&presenta- Entry of 
 
 tives of the United States of America in Congress assem,- v a l u able for 
 
 bled, That any person authorized to enter lands under the building stone 
 
 ' J * underthe 
 
 mining laws of the United States may enter lands that are placer - mining 
 
 chiefly valuable for building stone under the provisions of 
 
 the law in relation to placer mineral claims: Provided, That 
 
 lands reserved for the benefit of the public schools or 
 
 donated to any State shall not be subject to entry under 
 
 this act. 
 
 AN ACT To aniend section numbered twenty-three hundred 
 and twenty-four of the Revised Statutes of the United 
 States relating to mining claims. 
 
 Be it enacted by the Senate and House of Representor Requirement 
 
 of proof of ex- 
 tives of the United States of America in Congress assem- penditure for 
 
 bled, That the provisions of section numbered twenty- su| De n^d ''ex- 
 three hundred and twenty-four of the Revised Statutes cept as to 
 of the United States, which require that on each claim 
 located after the tenth day of May, eighteen hundred and 
 seventy-two, and until patent has been issued therefor, 
 not less than one hundred dollars' worth of labor shall be 
 performed or improvements made during each year, be 
 suspended for the year eighteen hundred and ninety- 
 
216 MINING LAW 
 
 three, so that no mining claim which has been regularly- 
 located and recorded as required by the local laws and 
 mining regulations shall be subject to forfeiture for non- 
 performance of the annual assessment for the year eight- 
 een hundred and ninety -three: Provided,, That the claim- 
 ant or claimants of any mining location, in order to se- 
 cure the benefits of this act shall cause to be recorded in 
 the office where the location notice or certificate is filed on 
 or before December thirty-first, eighteen hundred and 
 ninety-three, a notice that he or they, in good faith intend 
 to hold and work said claim: Provided, however, That 
 the provisions of this act shall not apply to the State of 
 South Dakota. 
 This act shall take effect from and after its passage. 
 
 AN ACT To amend section numbered twenty-three hundred 
 and twenty-four of the Revised Statutes of the United 
 States relating to mining claims. 
 
 Requirement Be it enacted by the Senate and House of Representa- 
 pend r iture° f tor tives °f t}le United States of America in Congress assem- 
 the year 1894 bled, That the provisions of section numbered twenty-three 
 
 SUS"D6I1 (3.6(1 gx- 
 
 cept as to hundred and twenty-four of the Revised Statutes of the 
 South Dakota. United States, which require that on each claim located 
 after the tenth day of May, eighteen hundred and seventy- 
 two, and until patent has been issued therefor, not less 
 than one hundred dollars' worth of labor shall be per- 
 formed or improvements made during each year, be sus- 
 pended for the year eighteen hundred and ninety-four, so 
 that no mining claim which has been regularly located and 
 recorded as required by the local laws and mining regula- 
 tions shall be subject to forfeiture for non-performance of 
 the annual assessment for the year eighteen hundred and 
 ninety-four: Provided, That the claimant or claimants of 
 any mining location, in order to secure the benefits of this 
 act, shall cause to be recorded in the office where the loca- 
 tion notice or certificate is filed on or before December 
 thirty-first, eighteen hundred and ninety-four, a notice that 
 he or they in good faith intend to hold and work said claim: 
 
ACTS OF CONGRESS 217 
 
 Provided, however, That the provisions of this act shall 
 not apply to the State of South Dakota. 
 
 Sec. 2. That this act shall take effect from and after its 
 passage. 
 
 AN ACT' Making; appropriations for current and contingent 
 expenses of the Indian Department and fulfilling: treaty 
 stipulations with various Indian tribes for the fiscal year 
 ending June thirtieth, eighteen hundred and ninety-six, 
 and for other purposes. 
 
 [WICHITA LANDS, OKLAHOMA.] 
 
 Be it enacted by the Senate and House of Representa- 
 tives of the United States of America in Congress assem- 
 bled, 
 
 The said Wichita and affiliated bands of Indians in the Lands ceded. 
 Indian Territory hereby cede, convey, transfer, relinquish, 
 forever and absolutely, without any reservation whatever, 
 all their claim, title and interest of every kind and char- 
 acter in and to the lands embraced in the following-de- 
 scribed tract of country in the Indian Territory, to wit: 
 
 Commencing at a point in the middle of the main chan- 
 nel of the Washita River, where the ninety-eighth meridian 
 of west longitude crosses the same, thence up the middle 
 of the main channel of said river to the line of ninety- 
 eight degrees forty minutes west longitude, thence on said 
 line of ninety-eight degrees forty minutes due north to 
 the middle of the channel of the main Canadian River, 
 thence down the middle of said main Canadian River to 
 where it crosses the ninety-eighth meridian, thence due 
 south to the place of beginning. 
 
 That the laws relating to the mineral lands of the United Mineral 
 ates are hereby ex 
 foregoing agreement. 
 
 States are hereby extended over the lands ceded by the laws 
 
218 MINING LAW 
 
 AN ACT Making appropriations for current and contingent 
 expenses of the Indian Department and fulfilling treaty 
 stipulations with various Indian tribes for the fiscal year 
 ending June thirtieth, eighteen hundred and ninety-seven, 
 and for other purposes. 
 
 ****** 
 
 [fobt belknap indian reservation, montana.] 
 Sec. 8. 
 
 That upon the filing in the United States local land 
 office for the district in which the lands surrendered by 
 article one of the foregoing agreement are situated, of 
 the approved plat of survey authorized by this section, 
 the lands so surrendered shall be open to occupation, loca- 
 tion, and purchase, under the provisions of the mineral- 
 land laws only, subject to the several articles of the fore- 
 Provisos. going agreement: Provided, That said lands shall be sold 
 
 Price. at ten dollars per acre: And Provided further, That the 
 
 prior to open- terms of this section shall not be construed to authorize 
 ine - the occupancy of said lands for mining purposes prior to 
 
 the date of filing said approved plat of survey. * * *~ 
 
 [blackfeet indian reservation, montana.] 
 Sec. 9. 
 
 That upon the filing in the United States local land 
 office for the district in which the lands surrendered by 
 article one of the foregoing agreement are situated, of 
 the approved plat of survey authorized by this section, the 
 lands so surrendered shall be opened to occupation, loca- 
 tion, and purchase under the provisions of the mineral- 
 land laws only, subject to the several articles of the fore- 
 Proviso, going agreement: Provided, That the terms of this section 
 
 No occupancy shall not be construed to authorize occupancy of said lands 
 prior to open-. . . . , , . 
 
 i n g. for mining purposes prior to the date of filing said ap- 
 
 proved plat of survey. 
 
ACTS OP CONGRESS 219 
 
 [san cablos indian besebvation, abizona.] 
 Sec. 10. 
 
 That upon the filing in the United States local land 
 office for the district in which the lands surrendered by 
 article one of the foregoing agreement are situated, of 
 the approved plat of survey authorized by this section, the 
 lands so surrendered shall be opened to occupation, loca- 
 tion, and purchase under the provisions of the mineral- 
 land laws only, subject to the several articles of the fore- 
 going agreement: Provided, That the terms of this sec- Pi-ovisos. 
 
 tion shall not be construed to authorize occupancy of said No occupancy 
 , , „ . . . ,, . , , ... ..prior to open- 
 
 lands for mining purposes prior to the date of filing said ing. 
 
 approved plat of survey: 'Provided, however, That any preference 
 
 person who in good faith prior to the passage of this act *° discoverers 
 
 had discovered and opened, or located, a mine of coal or 
 
 other mineral, shall have a preference right of purchase 
 
 for ninety days from and after the official filing in the 
 
 local land office of the approved plat of survey provided 
 
 for by this section. 
 
 AN ACT To authorize the entry and patenting of lands con- 
 taining petroleum and other mineral oils under the placer 
 mining laws of the United States. 
 
 Be it enacted by the Senate and House of Representor Entry and 
 tives of the United States of America in Congress assenv- lands 3 " contain- 
 
 bled, That any person authorized to enter lands under in s petroleum 
 
 and other min- 
 the mining laws of the United States may enter and obtain eral oils under 
 
 patent to lands containing petroleum or other mineral oils, J^ing \|ws. """ 
 and chiefly valuable therefor, under the provisions of the 
 laws relating to placer mineral claims: Provided, That 
 lands containing such petroleum or other mineral oils 
 which have heretofore been filed upon, claimed, or im- 
 proved as mineral, but not yet patented, may be held and 
 patented under the provisions of this act the same as if 
 such filing, claim, or improvement were subsequent to the 
 date of the passage hereof. 
 
220 MINING LAW 
 
 AN ACT Making appropriations for sundry civil expenses of 
 the Government for the fiscal year ending June thirtieth, 
 eighteen hundred and ninety-eight, and for other purposes. 
 
 ****** 
 
 All public lands heretofore designated and reserved by 
 
 the President of the United States under the provisions 
 
 of the act approved March third, eighteen hundred and 
 
 ninety-one, the orders for which shall be and remain in 
 
 full force and effect, unsuspended and unrevoked, and all 
 
 public lands that may hereafter be set aside and reserved 
 
 as public forest reserves under said act, shall be as far as 
 
 practicable controlled and administered in accordance with 
 
 tne following provisions: 
 
 Forest reser- No public forest reservation shall be established, except 
 
 vations, when to improve and protect the forest within the reservation, 
 to be e stab- . „ ,, ,. i , ' 
 
 lished. or for the purpose of securing favorable conditions of 
 
 water flows, and to furnish a continuous supply of timber 
 for the use and necessities of citizens of the United States; 
 but it is not the purpose or intent of these provisions, or 
 of the act providing for such reservations, to authorize the 
 inclusion therein of lands more valuable for the mineral 
 therein, or for agricultural purposes, than for forest pur- 
 poses. 
 
 ****** 
 
 Use of tim- The Secretary of the Interior may permit, under regu- 
 setu'ers * etc by lations to D ® prescribed by him, the use of timber and stone 
 found upon such reservations, free of charge, by bona fide 
 settlers, miners, residents, and prospectors for minerals, 
 for firewood, fencing, buildings, mining, prospecting, and 
 other domestic purposes, as may be needed by such per- 
 sons for such purposes; such timber to be used within the 
 State or Territory, respectively, where such reservations 
 may be located. 
 Egress and Nothing herein shall be construed as prohibiting the 
 tie?s eSS w°* hi 1 !! e sress or ingress of actual settlers residing within the 
 
 reserva tions, boundaries of such reservations, or from crossing the same 
 etc 
 
 to and from their property or homes; and such wagon 
 
ACTS OF CONGRESS • 221 
 
 roads and other improvements may be constructed thereon 
 as may be necessary to reach their homes and to utilize 
 their property under such rules and regulations as may be 
 prescribed by the Secretary of the Interior. Nor shall any- 
 thing herein prohibit any person from entering upon such 
 forest reservations for all proper and lawful purposes, in- 
 cluding that of prospecting, locating, and developing the 
 mineral resources thereof: Provided, That such persons 
 comply with the rules and regulations covering such forest 
 reservations. 
 
 Upon the recommendation of the Secretary of the In- Restorati o n 
 terior, with the approval of the President, after sixty days' a g r i c u ltural 
 
 notice thereof, published in two papers of general circula- lan jJ? to the 
 ' public domain, 
 
 tion in the State or Territory wherein any forest reserva- 
 tion is situated, and near the said reservation, any public 
 lands embraced within the limits of any forest reservation 
 which, after due examination by personal inspection of a 
 competent person appointed for that purpose by the Sec- 
 retary of the Interior, shall be found better adapted for 
 mining or for agricultural purposes than for forest usage, 
 may be restored to the public domain. And any mineral 
 lands in any forest reservation which have been or which 
 may be shown to be such, and subject to entry under 
 the existing mining laws of the United States and the rules 
 and regulations applying thereto, shall continue to be sub- 
 ject to such location and entry, notwithstanding any pro- 
 visions herein contained. 
 
 AN ACT Extending the homestead laws and providing for' 
 rig-lit of way for railroads in the district of Alaska, and 
 for other purposes. 
 
 Mining 
 Sec. 13. That native-born citizens of the Dominion ofr?£ hts in Alas- 
 Canada shall be accorded in said district of Alaska the born citizens 
 same mining rights and privileges accorded to citizens of ° f n th j ^° n ™ga 
 
ed. 
 
 222 MINING LAW • 
 
 the United States in British Columbia and the Northwest 
 Territory by the laws of the Dominion of Canada or the 
 local laws, rules, and regulations; but no greater rights 
 shall be thus accorded than citizens of the United States, 
 or persons who have declared their intention to become 
 such, may enjoy in said district of Alaska; and the Secre- 
 tary of the Interior shall from time to time promulgate 
 and enforce rules and regulations to carry this provision 
 into effect. 
 
 AN ACT Making further provisions for n civil government 
 for Alaska, and for other purposes. 
 
 What record- Sec. 15. The respective recorders shall, upon the pay- 
 ment of the fees for the same prescribed by the Attorney- 
 General, record separately, in large and well-bound sep- 
 arate books, in fair hand: 
 
 First. Deeds, grants, transfers, contracts to sell or con- 
 vey real estate mortgages of real estate, releases of mort- 
 gages, powers of attorney, leases which have been acknowl- 
 edged or proved, mortgages upon personal property; 
 
 Ninth. Affidavits of annual work done on mining claims; 
 Tenth. Notices of mining location and declaratory state- 
 ments ; 
 
 Eleventh. Such other writings as are required or per- 
 mitted by law to be recorded, including the liens of me- 
 Proviso. chanics, laborers, and others: Provided, Notices of loca- 
 
 Mining tion of mining claims shall be filed for record within 
 ninety days from the date of the discovery of the claim 
 
 described in the notice, and all instruments shall be re- 
 ■^r here in- 
 struments re- corded in the recording district in which the property or 
 
 corded. subject-matter affected by the instrument is situated, and 
 
 where the property or subject-matter is not situated in 
 any established recording district the instrument affect- 
 ing the same shall be recorded in the office of the clerk 
 of the division of the court having supervision over the 
 
ACTS OF CONGRESS 223 
 
 recording division in which such property or subject- 
 matter is situated. 
 
 * * * Provided, Miners in any organized mining dis- Proviso. 
 trict may make rules and regulations governing the re- uiations^for re- 
 cording of notices of location of mining claims, water cording, etc. — 
 
 rscorclsr 
 rights, flumes and ditches, mill sites and affidavits of labor, 
 
 not in conflict with this act or the general laws of the 
 United States; and nothing in this act shall be construed 
 so as to prevent the miners in any regularly organized 
 mining district not within any recording district estab- 
 lished by the court from electing their own mining recorder 
 to act as such until a recorder therefor is appointed by 
 the court: Provided further, All records heretofore regu- Records at 
 
 larly made by the United States commissioner at Dyea, D y? a . etc., le- 
 „ galized. 
 
 Skagway, and the recorder at Douglas City, not in conflict 
 
 with any records regularly made with the United States 
 commissioner at Juneau, are hereby legalized. And all 
 records heretofore made in good faith in any regularly 
 organized mining district are hereby made public records, 
 and the same shall be delivered to the recorder for the 
 recording district including such mining district within 
 six months from the passage of this act. 
 
 Sec. 26. The laws of the United States relating to min- Mining laws, 
 ing claims, mineral locations, and rights incident thereto 
 are hereby extended to the district of Alaska: Provided, provisos. 
 That subject only to such general limitations as may be Gold, etc. Ex- 
 necessary to exempt navigation from artificial obstruc- Be°ring Sea. ° " 
 tions all land and shoal water between low and mean high 
 tide on the shores, bays, and inlets of Bering Sea, within 
 the jurisdiction of the United States, shall be subject to 
 exploration and mining for gold and other precious metals 
 by citizens of the United States, or persons who have 
 
 legally declared their intentions to become such, under such miners' reg- 
 
 reasonable rules and regulations as the miners in organ- lations. 
 ized mining districts may have heretofore made or may 
 hereafter make governing the temporary possession thereof 
 
224 MINING LAW ; 
 
 for exploration and mining purposes until otherwise pro- 
 — not to con- vided by law: Provided further, That the rules and regu- 
 eral laws. Fe " Iations established by the miners shall not be in conflict 
 with the mining laws of the United States; and no ex- 
 clusive permits shall be granted by the Secretary of War 
 authorizing any person or persons, corporation, or com- 
 pany to excavate or mine under any of said waters below 
 Exclusive per- low tide, and if such exclusive permit has been granted it 
 void etc. mme is hereby revoked and declared null and void; but citizens 
 of the United States or persons who have legally declared 
 their intention to become such shall, have the right to 
 dredge and mine for gold or other precious metals in said 
 waters, below low tide, subject to such general rules and 
 regulations as the Secretary of War may prescribe for the 
 preservation of order and the protection of the interests 
 of commerce; such rules and regulations shall not, how- 
 ' ever, deprive miners on the beach of the right hereby given 
 to dump tailings into or pump from the sea opposite their 
 claims, except where such dumping would actually obstruct 
 Provision re- navigation; and the reservation of a roadway sixty feet 
 wa V1 " etc r °not wide > under the tenth section of the act of May fourteenth, 
 to apply. Vol. eighteen hundred and ninety-eight, entitled "An act ex- 
 1 ! tending the homestead laws and providing for right of 
 
 way for railroads in the district of Alaska, and for other 
 purposes," shah not apply to mineral lands or town sites. 
 
 AN ACT To ratify an agreement with the Indians of the 
 Fort Hall Reservation in Idaho, and making appropria- 
 tions to carry the same into effect. 
 
 [DISPOSITION OF COMANCHE, KIOWA, AND APACHE LANDS. 1 
 
 That should any of said lands allotted to said Indians, 
 or opened to settlement under this act, contain valuable 
 mineral deposits, such mineral deposits shall be open to 
 location and entry, under the existing mining laws of the 
 
ACTS OF CONGRESS 225 
 
 United States, upon the passage of this act, and the min- 
 eral laws of the United States are hereby extended over 
 said lands. 
 
 AN ACT Extending the mining Inns to saline lands. 
 
 Be it enacted by the Senate and House of Representa- Mining laws 
 tives of the United States of America in Congress assem- u ne lands. 
 Med, That all unoccupied public lands of the United States 
 containing salt springs, or deposits of salt in any form, 
 and chiefly valuable therefor, are hereby declared to be 
 subject to location and purchase under the provisions of 
 the law relating to placer-mining claims: Provided, That 
 the same person shall not locate or enter more than one 
 claim hereunder. 
 
 AN ACT Making: appropriations for the current and con- 
 tingent expenses of the Indian Department and for ful- 
 filling treaty stipulations with various Indian tribes for 
 the fiscal year ending June thirtieth, nineteen hundred and 
 three, and for other purposes. 
 
 Be it enacted by the Senate and House of Representa- 
 tives of the United States of America in Congress assem- 
 bled, 
 
 That the Secretary of the Interior, with the consent Uintah and 
 
 thereto of the majority of the adult male Indians of theutes. 
 
 Uintah and the White River tribes of Ute Indians, to be . Allotment of 
 
 ' irrigable land. 
 
 ascertained as soon as practicable by an inspector, shall 
 
 cause to be allotted to each head of a family eighty acres 
 
 of agricultural land which can be irrigated and forty acres 
 
 of such land to each other member of said tribes, said 
 
 allotments to be made prior to October first, nineteen hun- Un ' a i lotted 
 
 dred and three, on which date all the unallotted lands with- lands restored 
 
 in said reservation shall he restored to the public domain: main!" ' C °" 
 
 Provided, That persons entering any of said land under Provisos. 
 
 the homestead law shall pay therefor at the rate of one Home stead 
 
 entries. 
 
226 MINING LAW 
 
 M i n e r a l dollar and twenty -five cents per acre: And provided fur- 
 leases. ther, That nothing herein contained shall impair the rights 
 
 of any mineral lease which has been approved by the Sec- 
 retary of the Interior, or any permit heretofore issued by 
 direction of the Secretary of the Interior to negotiate with 
 said Indians for a mineral lease; but any person or com- 
 pany having so obtained such approved mineral lease or such 
 permit to negotiate with said Indians for a mineral lease 
 on said reservation, pending such time and up to thirty 
 days before said lands are restored to the public domain 
 as aforesaid, shall have in lieu of such lease or permit the 
 preferential right to locate under the mining laws not to 
 exceed six hundred and forty acres of contiguous mineral 
 Raven Min- land, except the Raven Mining Company, which may in 
 ing Company. j ieu j, jts j ease i oca t e one hundred mining claims of the 
 character of mineral mentioned in its lease; and the pro- 
 
 „<> Ap J > ii ca l ' 2 n ceeds of the sale of the lands so restored to the public 
 oi pro ceeds 
 
 from sales. domain shall be applied, first, to the reimbursement of the 
 United States for any moneys advanced to said Indians to 
 carry into effect the foregoing provisions; and the remain- 
 der, under the direction of the Secretary of the Interior, 
 shall be used for the benefit of said Indians. 
 
 AN ACT Defining what shall constitute and providing for 
 assessments on oil mining claims. 
 
 Assess m e n t Be it enacted by the Senate and House of Representa- 
 on' )U miiiin™ t ' , ' es °t tlle United' States of America in Congress assem- 
 claims. bled, That where oil lands are located under the provisions 
 
 of title thirty-two, chapter six, Revised Statutes of the 
 United States, as placer mining claims, the annual assess- 
 ment labor upon such claims may be done upon any one of 
 a group of claims lying contiguous and owned by the same 
 person or corporation, not exceeding five claims in all: 
 Provided, That said labor will tend to the development or 
 to determine the oil-bearing .character of such contiguous 
 claims. 
 
ACTS OF CONGRESS 227 
 
 AN ACT Making' appropriations for tile current anil con- 
 tingent expenses of the Indian Department and for ful- 
 filling treaty stipulations with various Indiau tribes for 
 the fiscal year ending; June thirtieth, nineteen hundred and 
 four, and for other purposes. 
 
 Be it enacted by the Senate and House of Representa- 
 tives of the United States of America in Congress assem- 
 bled, 
 
 That in the lands within the former Uncompahgre In- Uncompahgre 
 dian Reservation, in the State of Utah, containing gilson -Ration Reser " 
 ite, asphaltum, elaterite, or other like substances, which Mining 
 were reserved from location and entry by provision in the on prior to Jan. 
 act of Congress entitled "An act making appropriations 1, 1S91 . valid. 
 for the current and contingent expenses of the Indian 
 Department and for fulfilling treaty stipulations with va- 
 rious Indian tribes, for the fiscal year ending June thirtieth, 
 eighteen hundred and ninety-eight, and for other pur- 
 poses," approved June seventh, eighteen hundred and 
 ninety-seven, all discoveries and locations of any such 
 mineral lands by qualified persons prior to January first, 
 eighteen hundred and ninety-one, not previously discovered 
 and located, who recorded notices of such discoveries and 
 locations prior to January first, eighteen hundred and 
 ninety-one, either in the State of Colorado, or in the office 
 of the county recorder of Uintah County, Utah, shall have 
 all the force and effect accorded by law to locations of 
 mining claims upon the public domain. All such locations 
 may hereafter be perfected, and patents shall be issued Patents to is- 
 therefor upon compliance with the requirements of the tions?" etc., °of 
 mineral-land laws, provided that the owners of such loca- claims, 
 tions shall relocate their respective claims and record the 
 same in the office of the county recorder of Uintah County, 
 Utah, within ninety days after the passage of this act. All _ . . 
 
 *... I fl 1 m S lO- 
 
 locations of any such mineral lands made and recorded on cated after 
 or subsequent to January first, eighteen hundred and va ij',j ' 
 ninety-one, are hereby declared to be null and void; and 
 
228 MINING LAW 
 
 Sale of re- the remainder of the lands heretofore reserved as afore- 
 mineral lands. sa i<i because of the mineral substances contained in them, 
 insofar as the same may be within even-numbered sections, 
 shall be sold and disposed of in tracts not exceeding forty 
 acres, of a quarter of a quarter of a section, in such man- 
 Restrictions, ner and upon such terms and with such restrictions as 
 may be prescribed in a proclamation of the President of 
 the United States issued for that purpose not less than one 
 hundred and twenty days after the passage of this act, 
 and not less than ninety days before the time of sale or 
 disposal, and the balance of said lands and also all the 
 mineral therein are hereby specifically reserved for future 
 action of Congress. 
 
 AN ACT For the survey anil allotment of lands now em- 
 braced within tile limits of the Flathead Indian Reserva- 
 tion, in the State of Montana, and the sale and disposal 
 of all surplus lands after allotment. 
 
 Class iflca- Sec. 5. That said commissioners shall then proceed to 
 lands. etc " ° f Personally inspect and classify and appraise, by the small- 
 est legal subdivisions of forty acres each, all of the re- 
 maining lands embraced within said reservation. In 
 making such classification and appraisement said lands 
 shall be divided into the following classes: First, agri- 
 cultural land of the first class; second, agricultural land 
 of the second class; third, timber lands, the same to be 
 lands more valuable for their timber than for any other 
 purpose; fourth, mineral lands; and fifth, grazing lands. 
 
 D i s posal of Sec. 8. That when said commission shall have completed 
 
 lands. tlle classification and appraisement of all of said lands 
 
 and the same shall have been approved by the Secretary 
 
 of the Interior, the land shall he disposed of under the 
 
 provisions of the homestead, mineral, and town-site laws 
 
ACTS OF CONGRESS 229 
 
 of the United States, except such of said lands as shall 
 have been classified as timber lands, and excepting sections 
 sixteen and thirty-six of each township, which are hereby J 
 granted to the State of Montana for school purposes. * * * 
 
 Sec. 10. That only mineral entry may be made on such Mineral land 
 
 entries. 
 of said lands as said commission shall designate and 
 
 classify as mineral under the general provisions of the 
 mining laws of the United States, and mineral entry may 
 also be made on any of said lands whether designated by 
 said commission as mineral lands or otherwise, such classi- 
 fication by said commission being only prima facie evi- 
 dence of the mineral or nonmineral character of the same: Proviso. 
 Provided, That no such mineral locations shall be per- Exceptions, 
 mitted upon any lands allotted in severalty to an Indian. 
 
 AN ACT To ratify ami amend an agreement with the Indians 
 of the Crow Reservation; in Montana, and making; appro- 
 priations to carry the same into effect. 
 
 Sec. 5. * * * And provided further, That the price of Town-site 
 said lands shall be four dollars per acre, when entered f^nds™ ' n e r a 1 
 under the homestead laws. * * * Lands entered under t,he 
 town-site and mineral land laws shall be paid for in amount 
 and manner as provided by said laws, but in no event at a 
 less price than that fixed herein for such lands, if entered 
 under the homestead laws. * * * 
 
 AN ACT To authorize the sale and disposition of surplus or 
 unallotted lands of the Yakima Indian Reservation, in the 
 State of Washington. 
 
 Sec. 3. That the residue of the lands of said reservation Appraisal of 
 —that is, the lands not allotted and not reserved— shall be ^£ ^ t ° t ' e a 
 classified under the direction of the Secretary of the 
 Interior as irrigable lands, grazing lands, timber lands, 
 
230 MINING LAW 
 
 or arid lands, and shall be appraised under their appro- 
 priate classes by legal subdivisions, with the exception of 
 the mineral lands, which need not be appraised, and the 
 timber on the lands classified as timber lands shall be 
 appraised separately from the land. The basis for the ap- 
 praisal of the timber shall be the amount of standing 
 merchantable timber thereon, which shall be ascertained 
 and reported. 
 
 Mineral The lands classified as mineral lands shall be subject to 
 
 '"" '" location and disposal under the mineral-land laws of the 
 
 Provisos. United States: Provided, That lands not classified as mitf 
 
 Lands not eral may also be located and entered as mineral lands, 
 
 mineral lands, subject to approval by the Secretary of the Interior and 
 
 conditioned upon the payment, within one year from the 
 
 date when located-, of the appraised value of the lands 
 
 per acre fixed prior to the date of such location, but at 
 
 not less than the price fixed by existing law for mineral 
 
 Restriction. j an( j s: Provided further, That no such mineral locations 
 
 shall be permitted on any lands allotted to Indians in 
 
 severalty or reserved for any purpose as herein authorized. 
 
 AN ACT To ratify and amend an agreement -with the Indians 
 residing on the Shoshone or Wind River Indian Reserva- 
 tion in the State of Wyoming and to make appropriations 
 for carrying the same into effect. 
 
 Open ing of Sec. 2. That the lands ceded to the United»States under 
 lands to entry. the gaid agreement s ^ aU be disposed of under the pro- 
 visions of the homestead, town-site, coal, and mineral land 
 laws of the United States and shall be opened to settlement 
 Proclamation. an d entry by proclamation of the President. * * * 
 
 Town- site * * * Lands entered under the town-site, coal, and 
 eral' en'tries 11 "" minera l l and l aws sha11 be P aid for in amount and man- 
 
ACTS OF CONGRESS 231 
 
 ner as provided by said laws. Notice of location of all 
 mineral entries shall be filed in the local land office of the 
 district in which the lands covered by the location are 
 situated, and unless entry and payment shall be made 
 within three years from the date of location all rights 
 thereunder shall cease; * * * that all lands, except min- 
 eral and coal lands, herein ceded remaining undisposed of 
 at the expiration of five years from the opening of said 
 lands to entry shall be sold to the highest bidder for cash 
 at not less than one dollar per acre under rules and regu- 
 lations to be prescribed by the Secretary of the In- 
 terior. * * * 
 
 AN ACT To authorize the Male and disposition of surplus or 
 unallotted lands of the diminished Colville Indian Reser- 
 vation, in the State of Washington, and for other purposes. 
 
 ****** 
 
 Sec. 3. That upon the completion of said allotments to Mineral 
 said Indians the residue or surplus lands — that is, lands 
 not allotted or reserved for Indian school, agency", or other 
 purposes — of the said diminished Colville Indian Reserva- 
 tion shall be classified under the direction of the Secre- 
 tary of the Interior as irrigable lands, grazing lands, tim- 
 ber lands, mineral lands, or arid lands, and shall be ap- 
 praised under their oppropriate classes by legal subdi- 
 visions, with the exception of the lands classed as mineral 
 lands, which need not be appraised, and which shall be 
 disposed of under the general mining laws of the United 
 States. 
 
 AN ACT Making appropriations for the current and con- 
 tingent expenses of the Indian Department, for fulfilling 
 treaty stipulations with various Indian tribes, and for 
 other purposes, for the fiscal year ending June thirtieth. 
 nineteen hundred and seven. 
 
 [COETJR D'ALENE INDIAN LANDS.] 
 
232 MINING LAW 
 
 Mineral * * * Provided further, That the general mining laws 
 
 lands - of the United States shall extend after the approval of this 
 
 act to any of said lands, and mineral entry may be made 
 
 on any of said lands, but no such mineral selection shall be 
 
 permitted upon any lands allotted in severalty to the In- 
 
 Coal and oil dians: Provided further, That all the coal or oil deposits 
 
 d e p o s its re- in or under the lands on the said reservation shall be and 
 
 remain the property of the United States, and no patent 
 
 that may be issued under the provisions of this or any 
 
 other act of Congress shall convey any title thereto. * * * 
 
 AIV ACT To nmend the laws governing labor or improve- 
 ments upon mining; claims in Alaska. 
 
 Alaska. Be it enacted by the Senate and House of Representor 
 
 p r ov e & m exits', tives of the United States of America in Congress assem- 
 
 etc., required on 6 ; e( 7 That during each year and until patent has been 
 mining claims. ' D " 
 
 issued therefor, at least one hundred dollars' worth of 
 
 labor shall be performed or improvements made on, or 
 for the benefit or development of, in accordance with ex- 
 isting law, each mining claim in the district of Alaska 
 
 Piling affi- heretofore or hereafter located. And the locator or owner 
 davits. j such c j a ; m or some other person having knowledge of 
 
 the facts may also make and file with the said recorder of 
 the district in which the claims shall be situate an affidavit 
 showing the performance of labor or making of improve- 
 ments to the amount of one hundred dollars as aforesaid 
 and specifying the character and extent of such work. 
 
 Contents. Such affidavit shall set forth the following: First, the 
 name or number of the mining claims and where situated; 
 second, the number of days' work done and the character 
 and value of the improvements placed thereon; third, the 
 date of the performance of such labor and of making im- 
 provements; fourth, at whose instance the work was done 
 or the improvements made; fifth, the actual amount paid 
 for work and improvement, and by whom paid when the 
 
 same was not done by the owner. Such affidavit shall be 
 Prima facie .'.,.. „ ., . „ 
 
 e v i d e nee of prima facie evidence of the performance of such work or 
 
 work™tc. Ce of ma,king of sucn improvements, but if such affidavits be 
 
ACTS OF CONGRESS 233 
 
 not filed within the time fixed by this act the burden of 
 
 proof shall be upon the claimant to establish the perform- Forfeiture. 
 
 ance of such annual work and improvements. And upon 
 
 failure of the locator or owner of any such claim to comply 
 
 with the provisions of this act, as to performance of work 
 
 and improvements, such claim shall become forfeited and 
 
 open to location by others as if no location of the same Officer before 
 
 had ever been made. The affidavits required hereby may V its may be 
 
 be made before any officer authorized to administer oaths, m ^ e - 
 
 R. »., sees. 
 
 and the provisions of section fifty-three hundred and ninety- 5392, 5393, p. 
 two and fifty-three hundred and ninety-three of the Re- 
 vised Statutes are hereby extended to sucn affidavits. Said Time of fil- 
 affidavits shall be filed not later than ninety days after ,ns - 
 the close of the year in which such work is performed. Fee. 
 
 Sec. 2. That the recorders for the several divisions or 
 districts of Alaska shall collect the sum of one dollar and 
 fifty cents as a fee for the filing, recording, and indexing 
 said annual proofs of work and improvements for each 
 claim so recorded. 
 
 AN ACT Authorizing a resurvey of certain townNhips in the 
 State of Wyoming, and for other purposes. 
 
 [BITTER ROOT VALLEY, MONTANA.] 
 
 Sec. 11. That all the provisions of the mining laws of Mining laws 
 the United States are hereby extended and made applicable lands, 
 to the undisposed-of lands in the Bitter Root Valley, State 
 of Montana, above the mouth of the Lo Lo Fork of the 
 Bitter Root River, designated in the act of June fifth, 
 eighteen hundred and seventy-two: Provided, That all min- 
 ing locations and entries heretofore made or attempted 
 to he made upon said lands shall be determined by the 
 Department of the Interior as if said lands had been sub- 
 ject to mineral location and entry at the time such loca- 
 tions and entries were made or attempted to be made: 
 And provided further, That this act shall not be appli- 
 cable to lands withdrawn for administration sites for use 
 of the Forest Service. 
 
234 MINING LAW 
 
 AN ACT For relief of applicants for mineral surveys. 
 
 Repay m e n t Be it enacted by the Senate and House of Bepresenta- 
 mineral Slt s u r- tives °f * he United States of America in Congress assem- 
 veys. bled, That the Secretary of the Treasury be, and he is 
 
 hereby, authorized and directed to pay, out of the moneys 
 heretofore or hereafter covered into the Treasury from 
 deposits made by individuals to cover cost of work per- 
 formed and to be performed in the offices of the United 
 States surveyors-general in connection with the survey of 
 mineral lands, any excess in the amount deposited over 
 and above the actual cost of the work performed, includ- 
 ing all expenses incident thereto for which the deposits 
 were severally made or the whole of any unused deposit; 
 and such sums, as the several cases may be, shall be 
 deemed to be annually and permanently appropriated for 
 that purpose. Such repayments shall be made to the 
 person or persons who made the several deposits, or to 
 his or their legal representatives, after the completion or 
 abandonment of the work for which the deposits were 
 made, and upon an account certified by the surveyor-gen- 
 eral of the district in which the mineral land surveyed, or 
 sought to be surveyed is situated and approved by the 
 Commissioner of the General Land Office. 
 
 AW ACT extending tlie time for final entry of mineral 
 claims within the Shoshone or Wind River Reservation in 
 Wyoming. 
 
 Time ex- Be it enacted by the Senate and House of Representa- 
 ing entry. tives of the United States of America in Congress assem- 
 
 bled, That section two of chapter fourteen hundred and 
 fifty-two of the Statutes of the Fifty-eighth Congress 
 (United States Statutes at Large, volume thirty-three, 
 part one), being "An act to ratify and amend an agree- 
 ment with the Indians residing on the Shoshone or Wind 
 River Indian Reservation, in the State of Wyoming, and 
 to make appropriations to carry the same into effect," be, 
 and the same is hereby, amended so that all claimants and 
 
ACTS OP CONGRESS 235 
 
 locators of mineral lands within the ceded portion of said 
 reservation shall have five years from the date of location 
 within which to make entry and payment instead of three 
 years, as now provided by the said act. 
 
 AN ACT Extending the time in which to file adverse claims 
 and institute adverse suits against mineral entries in the 
 district of Alaska. 
 
 Be it enacted by the Senate and House of Representa- Time extend- 
 tives of the United States of America in Congress assem- adverse miner- 
 bled, That in the district of Alaska adverse claims author- Ala gk.a ' m s ' n 
 ized and provided for in sections twenty-three hundred Act of Con- 
 and twenty-five and twenty-three hundred and twenty-six, j un e 7, 1910. 
 United States Revised Statutes, may be filed at any time 
 during the sixty days period of publication or within 
 eight months thereafter, and the adverse suits authorized 
 and provided for in section twenty-three hundred and 
 twenty-six, United States Revised Statutes, may be insti- 
 tuted at any time within sixty days after filing of said 
 claims in the local land office. 
 
 AN ACT To authorize the President of the United States to 
 make withdrawals of public lands in certain cases. 
 
 Be it enacted by the Senate and House of Representa- Tempo r a r y 
 
 , , . . _ withdrawals by 
 
 tives of the United States of America in Congress assem- President for 
 
 bled, That the President may, at any time in his discre- f^gation, 1 etc!!; 
 
 tion, temporarily withdraw from settlement, location, sale, authorized. 
 
 Act of Con- 
 or entry any of the public lands of the United States in- gress, approved 
 
 eluding the district of Alaska, and reserve the same for June 25 > 191 °- 
 water-power sites, irrigation, classification of lands, or 
 other public purposes to be specified in the orders of with- 
 drawals, and such withdrawals or reservations shall re- 
 main in force until revoked by him or by an Act of Con- 
 gress. 
 
 Sec. 2. That all lands withdrawn under the provisions 
 of this Act shall at all times be open to exploration, dis- 
 
236 MINING LAW 
 
 covery, occupation, and purchase, under the mining laws 
 of the United States, so far as the same apply to minerals 
 other than coal, oil, gas, and phosphates: Provided, That 
 the rights of any person who, at the date of any order of 
 withdrawal heretofore or hereafter made, is a bona fide 
 occupant or claimant of oil or gas-bearing lands, and 
 who, at such date, is in diligent prosecution of work 
 leading to discovery of oil or gas, shall not be affected 
 or impaired by such order, so long as such occupant or 
 claimant shall continue in diligent prosecution of said 
 work: And provided further, That this Act shall not be 
 construed as a recognition, abridgment, or enlargement 
 of any asserted rights or claims initiated upon any oil 
 or gas-bearing lands after any withdrawal of such lands 
 made prior to the passage of this Act: And provided 
 further, That there shall be excepted from th. force and 
 effect of any withdrawal made under the provisions of 
 this Act all lands which are, on the date of such with- 
 drawal, embraced in any lawful homestead or desert-land 
 entry theretofore made, or upon which any valid settle- 
 ment has been made and is at said date being maintained 
 and perfected pursuant to law; but the terms of this 
 proviso shall not continue to apply to any particular tract 
 of land unless the entryman or settler shall continue to 
 comply with the law under which the entry or settlement 
 was made: And provided further, That hereafter no forest 
 reserve shall be created, nor shall any additions be made 
 to one heretofore created within the limits of the States 
 of Oregon, Washington, Idaho, Montana, Colorado, or Wyo- 
 ming, except by Act of Congress. 
 
 Sec. 3. That the Secretary of the Interior shall report 
 all such withdrawals to Congress at the beginning of its 
 next regular session after the date of the withdrawals. 
 ****** 
 
ACTS OP CONGRESS 237 
 
 AN ACT To protect the locators in good fuith of oil ami gaM 
 InnriN who shall hnve etfeeted an actual discovery of oil 
 or gas on the puhlic lands of the United States, or their 
 successors in interest. 
 
 Be it enacted by the Senate and House of Representa- Protection of 
 
 tives of the United States of America in Congress assem- ""Vct^of^Con- 
 
 bled, That in no case shall patent be denied to or for gress, approved 
 
 , . , ^ . , x „ March 2, 1911. 
 
 any lands heretofore located or claimed under the mining 
 
 laws of the United States containing petroleum, mineral 
 oil, or gas solely because of any transfer or assignment 
 thereof or of any interest or interests therein by the 
 original locator or locators, or any of them, to any quali- 
 fied persons or person, or corporation, prior to discovery 
 of oil or gas therein, but if such claim is in all other 
 respects valid and regular, patent therefor not exceeding 
 one hundred and sixty acres in any one claim shall issue 
 to the holder or holders thereof, as in other cases: Pro- 
 vided, however, That such lands were not at the time of 
 inception of development on or under such claim with- 
 drawn from mineral entry. 
 
NEW PLACER LAW FOR ALASKA 
 
 Congress on August 1, 1912, passed the following Act 
 effective on all placer locations in Alaska made on and 
 after that date. It contains many details and should be 
 carefully studied by those operating in that territory. It 
 is in no way effective on placer locations made before that 
 date, or on lode locations of any date. However, all placer 
 locations will be closely scrutinized as to what law they 
 come under, especially when application for patent is made. 
 
 AN ACT To modify and amend the mining laws in their 
 application to the Territory of Alaska, and for other pur- 
 poses. 
 
 Be it enacted by the Senate and House of Representatives Alaska. 
 of the United States of America in Congress assembled, A s s o ciation 
 That no association placer-mining claim shall hereafter be claims " limited. 
 located in Alaska in excess of forty acres, and on every 
 placer-mining claim hereafter located in Alaska, and until 
 patent has been issued therefor, not less than one hundred Assess m e n t 
 dollars' worth of labor shall be performed or improve- re( i«ired. 
 ments made during each year, including the year of loca- 
 tion, for each and every twenty acres or excess fraction 
 thereof. 
 
 Sec. 2. That no person shall hereafter locate any placer- . 
 
 * Location by 
 
 mining claim in Alaska as attorney for another unless he attorneys. 
 
 is duly authorized thereto by a power of attorney in writing, 
 duly acknoweledged and recorded in any recorder's office 
 in the judicial division where the location is made. Any Restrictions. 
 person so authorized may locate placer-mining claims for 
 not more than two individuals or one association under 
 such power of attorney, but no such agent or attorney shall 
 be authorized or permitted to locate more than two placer- 
 mining claims for any one principal or association during 
 
 238 a 
 
any calendar month, and no placer-mining claim shall 
 hereafter be located in Alaska except under the limitations 
 of this act. 
 N . Sec. 3. That no person shall hereafter locate, cause or 
 
 locations lim- procure to be located, for himself more than two placer- 
 mining claims in any calendar month: Provided, That one 
 or both of such locations may be included in an association 
 claim. 
 
 Sec. 4. That no placer-mining claim hereafter located in 
 claims 8 a ° £ Alaska shall be patented which shall contain a greater 
 area than is fixed by law, nor which is longer than three 
 times its greatest width. 
 Effect of vi- Sec - 5. That any placer-mining claim attempted to be 
 olation. located in violation of this act shall be null and void, and 
 
 the whole area thereof may be located by any qualified 
 Act of Con- locator as ** no sucn Prior attempt had been made. 
 gress, approved 
 Aug. 1, 1912. 
 
REGULATIONS. 
 NATURE AND EXTENT OF MINING CLAIMS. 
 
 1. Mining claims are of two distinct classes: Lode claims and 
 placers. 
 
 lode: claims. 
 
 2. The status of lode claims located or patented previous to 
 the 10th day of May, 1872, is not changed with regard to their 
 extent along the lode or width of surface but the claim is en- 
 larged by sections 2322 and 2328, by investing the locator, his 
 heirs or assigns, with the right to follow, upon the conditions 
 stated therein, all veins, lodes, or ledges, the top or apex of 
 which lies inside of the surface lines of his claim. 
 
 3. It is to be distinctly understood, however, that the law 
 limits the possessory right to veins, lodes, or ledges, other than 
 the one named in the original location, to such as were not 
 adversely claimed on May 10, 1812, and that where such other 
 vein or ledge was so adversely claimed at that date the right 
 of the party so adversely claiming is in no way impaired by 
 the provisions of the Revised Statutes. 
 
 4. From and after the 10th May, 1872, any person who is a 
 citizen of the United States, or who has declared his intention 
 to become a citizen, may locate, record, and hold a mining 
 claim of fifteen hundred linear feet along the course of any 
 mineral vein or lode subject to location; or an association of 
 persons, severally qualified as above, may make joint location 
 of such claim of fifteen hundred feet, but in no event can a 
 location of a vein or lode made after the 10th day of May, 1872, 
 exceed fifteen hundred feet along the course thereof, whatever 
 may be the number of persons composing the association. 
 
 5. With regard to the extent of surface ground adjoining a 
 vein or lode, and claimed for the convenient working thereof, 
 the Revised Statutes provide that the lateral extent of locations 
 
 239 
 
240 MINING LAW 
 
 of veins or lodes made after May 10, 1872, shall in no case 
 exceed three hundred feet on each side of the middle of the 
 vein at the surface, and that no such surface rights shall be 
 limited by any mining regulations to less than twenty-five feet 
 on each side of the middle of the vein at the surface, except 
 where adverse rights existing on the 10th May, 1872, may render 
 such limitation necessary; the end lines if such claims to be 
 in all cases parallel to each other. Said lateral measurements 
 can not extend beyond three hundred feet on either side of the 
 middle of the vein at the surface, or such distance as is allowed 
 by local laws. For example: 400 feet can not be taken on one 
 side and 200 feet on the other. If, however, 300 feet on each 
 side are allowed, and by reason of prior claims but 100 feet 
 can be taken on one side, the locator will not be restricted to 
 less- than 300 feet on the other side; and when the locator does 
 not determine by exploration where the middle of the vein at 
 the surface is, his discovery shaft must be assumed to mark 
 such point. 
 
 6. By the foregoing it will be perceived that no lode claim 
 located after the 10th of May, 1872, can exceed a parallelogram 
 fifteen hundred feet in length by six hundred feet in width, 
 but whether surface ground of that width can be taken depends 
 upon the local regulations or State or Territorial laws in force 
 in the several mining districts; and that no such local regula- 
 tions or State or Territorial laws shall limit a vein or lode 
 claim to less than fifteen hundred feet along the course thereof, 
 whether the location is made by one or more persons, nor can 
 surface rights be limited to less than fifty feet in width unless 
 adverse claims existing on the 10th day of May, 1872, render 
 such lateral limitation necessary. 
 
 7. Locators can not exercise too much care in defining their 
 locations at the outset, inasmuch as the law requires that all 
 records of mining locations made subsequent to May 10, 1872, 
 shall contain the name or names of the locators, the date of 
 the location, and such a description of the claim or claims located, 
 by reference to some natural object or permanent monument, 
 as will identify the claim. 
 
 8. No lode claim shall be located until after the discovery 
 
LAND OFFICE REGULATIONS 241 
 
 of a vein or lode within the limits of the claim, the object of 
 which provision is evidently to prevent the appropriation of 
 presumed mineral ground for speculative purposes, to the exclu- 
 sion of bona fide prospectors, before sufficient work has been 
 done to determine whether a vein or lode really exists. 
 
 9. The claimant should, therefore, prior to locating his claim, 
 unless the vein can be traced upon the surface, sink a shaft 
 or run a tunnel or drift to a sufficient depth therein to discover 
 and develop a mineral-bearing vein, lode, or crevice; should 
 determine, if possible, the general course of such vein in either 
 direction from the point of discovery, by which direction he will 
 be governed in marking the boundaries of his claim on the 
 surface. His location notice should give the course and distance 
 as nearly as practicable from the discovery shaft on the claim 
 to some permanent, well-known points or objects, such, for in- 
 stance, as stone monuments, blazed trees, the confluence of 
 streams, point of intersection of well-known gulches, ravines, 
 or roads, prominent buttes, hills, etc., which may be in the 
 immediate vicinity, and which will serve to perpetuate and fix 
 the locus of the claim and render it susceptible of identification 
 from the description thereof given in the record of locations 
 in the district, and should be duly recorded. 
 
 10. In addition to the foregoing data, the claimant should 
 state the names of adjoining claims, or, if none adjoin, the rela- 
 tive positions of the nearest claims; should drive a post or 
 erect a monument of stones at each corner of his surface ground, 
 and at the point of discovery or discovery shaft should fix a 
 post, stake, or board, upon which should be designated the name 
 of the lode, the name or names of the locators, the number 
 of feet claimed, and in which direction from the point of dis- 
 covery, it being essential that the location notice filed for 
 record, in addition to the foregoing description, should state 
 whether the entire claim of fifteen hundred feet is taken on 
 one side of the point of discovery, or whether it is partly upon 
 one and partly upon the other side thereof, and in the latter 
 case, how many feet are claimed upon each side of such dis- 
 covery point. 
 
 11. The location notice must be filed for record in all re- 
 
242 MINING LAW 
 
 spects as required by the State or Territorial laws and local 
 rules and regulations, if there be any. 
 
 12. In order to hold the possessory title to a mining claim 
 located prior to May 10, 1872, the law requires that ten dollars 
 shall be expended annually in labor or improvements for each 
 one hundred feet in length along the vein or lode. In order 
 to hold the possessory right to a location made since May 10, 
 1872, not less than one hundred dollars' worth of labor must 
 be performed or improvements made thereon annually. Under 
 the provisions of the act of Congress approved January 22, 1880, 
 the first annual expenditure becomes due and must be performed 
 during the calendar year succeeding that in which the location 
 was made. Where a number of contiguous claims are held in 
 common, the aggregate expenditure that would be necessary to 
 hold all the claims, may be made upon any one claim. Corner- 
 ing locations are held not to be contiguous. 
 
 13. Failure to make the expenditure or perform the labor re- 
 quired upon a location made before or since May 10, 1872, will 
 subject a claim to relocation, unless the original locator, his 
 heirs, assigns, or legal representatives have resumed work after 
 such failure and before relocation. 
 
 14. Annual expenditure is not required subsequent to entry, 
 the date of issuing the patent certificate being the date con- 
 templated by statute. 
 
 15. Upon the- failure of any one of several co-owners to con- 
 tribute his portion of the required expenditures, the co-own- 
 ers, who have performed the labor or made the improvements 
 as required, may, at the expiration of the year, give such de- 
 linquent co-owner personal notice in writing, or notice by pub- 
 lication in the newspaper published nearest the claim for at 
 least once a week for ninety days; and if upon the expiration 
 of ninety days after such notice in writing, or upon the expira- 
 tion of one hundred and eighty days after the first newspaper 
 publication of notice, the delinquent co-owner shall have failed 
 to contribute his proportion to meet such expenditures or im- 
 provements, his interest in the claim by law passes to his co- 
 owners who have made the expenditures or improvements as 
 
LAND OFFICE REGULATIONS 243 
 
 aforesaid. Where a claimant alleges ownership of a forfeited 
 interest under the foregoing provision, the sworn statement of 
 the publisher as to the facts of publication, giving dates and 
 a printed copy of the notice published, should be furnished, and 
 the claimant must swear that the delinquent coowner failed 
 to contribute his proper proportion within the period fixed by 
 the statute. 
 
 16. The effect of section 2323, Revised Statutes, is to give the 
 proprietors of a mining tunnel run in good faith the possessory 
 right to fifteen hundred feet of any blind lodes cut, discovered, 
 or intersected by such tunnel, which were not previously known 
 to exist, within three thousand feet from the face or point of 
 commencement of such tunnel, and to prohibit other parties, 
 after the commencement of the tunnel, from prospecting for 
 and. making locations of lodes on the line thereof and within 
 said distance of three thousand feet, unless such lodes appear 
 upon the surface or were previously known to exist. The term 
 "face," as used in said section, is construed and held t6 mean 
 the first working face formed in the tunnel, and to signify the 
 point at which the tunnel actually enters cover; it being from 
 this point that the three thousand feet are to be counted upon 
 which prospecting is prohibited as aforesaid. 
 
 17. To avail themselves of the benefits of this provision of law, 
 the proprietors of a mining tunnel will be required, at the time 
 they enter cover as aforesaid, to give proper notice of their 
 tunnel location by erecting a substantial post, board, or monu- 
 ment at the face or point of commencement thereof, upon which 
 should' be posted a good and sufficient notice, giving the names 
 of the parties or company claiming the tunnel right; the actual 
 or proposed course or direction of the tunnel, the height and 
 width thereof, and the course and distance from such face or 
 point of commencement to some permanent well-known objects 
 in the vicinity by which to fix and determine the locus in 
 manner heretofore set forth applicable to locations of veins or 
 lodes, and at the time of posting such notice they shall, in 
 order that miners or prospectors may be enabled to determine 
 
244 MINING LAW 
 
 whether or not they are within the lines of the tunnel, establish 
 the boundary lines thereof, by stakes or monuments placed 
 along such lines at proper intervals, to the terminus of the 
 three thousand feet from the face or point of commencement of 
 the tunnel, and the lines so marked will define and govern as 
 to specific boundaries within which prospecting for lodes not 
 previously known to exist is prohibited while work on the 
 tunnel is being prosecuted with reasonable diligence. 
 
 18. A full and correct copy of such notice of location defining 
 the tunnel claim must be filed for record with the mining re- 
 corder of the district, to which notice must be attached the 
 sworn statement or declaration of the owners, claimants, or 
 projectors of such tunnel, setting forth the facts in the case; 
 stating the' amount expended by themselves and their predeces- 
 sors in interest in prosecuting work thereon; the extent of the 
 work performed, and that it is bona fide their intention to 
 prosecute work on the tunnel so located and described with 
 reasonable diligence for the development of a vein or lode, or 
 for the discovery of mines, or both, as the case may be. This 
 notice of location must be duly recorded, and, with the said 
 sworn statement attached, kept on the recorder's files for future 
 reference. 
 
 PLACER CLAIMS. 
 
 19. But one discovery of mineral is required to support a 
 placer location, whether it be of twenty acres by an individual, 
 or of one hundred and sixty acres or less by an association of 
 persons. 
 
 20. The act of August 4, 1892, extends the mineral-land laws 
 so as to bring lands chiefly valuable for building stone within 
 the provisions of said law by authorizing a placer entry of such 
 lands. Registers and receivers should make a reference to said 
 act on the entry papers in the case of all placer entries made 
 for lands containing stone chiefly valuable for building purposes. 
 Lands reserved for the benefit of public schools or donated to 
 any State are not subject to entry under said act. 
 
 21. The act of February 11, 1897, provides for the location 
 and entry of public lands chiefly valuable for petroleum or 
 
LAND OFFICE REGULATIONS 245 
 
 other mineral oils, and entries of that nature made prior to 
 the passage of said act are to be considered as though made 
 thereunder. 
 
 22. By section 2330 authority is given for subdividing forty- 
 acre legal subdivisions into ten-acre tracts. These ten-acre 
 tracts should be considered and dealt with as legal subdivisions, 
 and an applicant having a placer claim which conforms to 
 one or more of such ten-acre tracts, contiguous in case of two 
 or more tracts, may make entry thereof, after the usual pro- 
 ceedings, without further survey or plat. 
 
 23. [Omitted.] 
 
 24. A ten-acre subdivision may be described, for instance, if 
 situated in the extreme northeast of the section, as the "NE. % 
 of the NE. % of the NE. %" of the section, or, in like manner, 
 by appropriate terms, wherever situated; but, in addition to 
 this description, the notice must give all the other data re- 
 quired in a mineral application, by which parties may be put 
 on inquiry as to the land sought to be patented. The proofs 
 submitted with applications must show clearly the character 
 and extent of the improvements upon the premises. 
 
 25. The proof of improvements must show their value to be 
 not less than five hundred dollars and that they were made 
 by the applicant for patent or his grantors. This proof should 
 consist of the affidavit of two or more disinterested witnesses. 
 The annual expenditure to the amount of $100, required by 
 section 2324, Revised Statutes, must be made upon placer as 
 well as lode locations. 
 
 26. Applicants for patent to a placer claim, who are also 
 in possession of a known vein or lode included therein, must 
 state in their application that the placer includes such vein 
 or lode. The published and posted notices must also include 
 such statement. If veins or lodes lying within a placer loca- 
 tion are owned by other parties, the fact should be distinctly 
 stated in the application for patent and in all the notices. But 
 in all cases, whether the lode is claimed or excluded, it must 
 be surveyed and marked upon the plat, the field notes and plat 
 giving the area of the lode claim or claims and the area of 
 the placer separately. An application which omits to claim 
 
246 MINING LAW 
 
 such known vein or lode must be construed as a conclusive dec- 
 laration that the applicant has no right of possession to the 
 vein or lode. Where there is no known lode or vein, the fact 
 must appear by the affidavit of two or more witnesses. 
 
 27. By section 2330 it is declared that no location of a placer 
 claim, made after July 9, 1870, shall exceed one hundred and 
 sixty acres for any one person or association of persons, which 
 location shall conform to the United States Surveys. 
 
 28. Section 2331 provides that all placer-mining claims located 
 after May 10, 1872, shall conform as nearly as practicable with 
 the United States system of public land surveys and the rec- 
 tangular subdivisions of such surveys, and such locations shall 
 not, include more than twenty acres for each individual claimant. 
 
 29. The foregoing provisions of law are construed to mean 
 that after the 9th day of July, 1870, no location of a placer 
 claim can be made to exceed one hundred and sixty acres, what- 
 ever may be the number of locators associated together, or 
 whatever the local regulations of the district may allow; and 
 that from and after May 10, 1872, no location can exceed twenty 
 acres for each individual participating therein; that is, a loca- 
 tion by two persons can not exceed forty acres, and one by three 
 persons can not exceed sixty acres. 
 
 30. The regulations hereinbefore given as to the manner of 
 marking locations on the ground, and placing the same on rec- 
 ord, must be observed in the case of placer locations so far 
 as the same are applicable, the law requiring, however, that 
 all placer-mining claims located after May 10, 1872, shall con- 
 form as near as practicable with the United States system of 
 public land surveys and the rectangular subdivisions of such 
 surveys, whether the locations are upon surveyed or unsurveyed 
 lands. 
 
 Conformity to the public land surveys and the rectangular 
 subdivisions thereof will not be required where compliance with 
 such requirement would necessitate the placing of the lines 
 thereof upon other prior located claims or where the claim is 
 surrounded by prior locations. 
 
 Where a placer location by one or two persons can be en- 
 tirely included within a square forty-acre tract, by three or 
 
LAND OFFICE REGULATIONS 247 
 
 four persons within two square forty-acre tracts placed end to 
 end, by five or six persons within three square forty-acre tracts 
 and by seven or eight persons within four square forty-acre 
 tracts, such locations will be regarded as within the require- 
 ments where strict conformity is impracticable. 
 
 Whether a placer location conforms reasonably with the legal 
 subdivisions of the public surveys is a question of fact to be 
 determined in each case and no location will be passed to 
 patent without satisfactory evidence in this regard. Claimants 
 should bear in mind that it is the policy of the Government 
 to have all entries whether of agricultural or mineral lands 
 as compact and regular in form as reasonably practicable, and 
 that it will not permit or sanction entries or locations which 
 cut the public domain into long narrow strips or grossly irreg- 
 ular or fantastically sjiaped tracts. (Snow Flake Fraction Placer 
 37 L. D., 250.) 
 
 BEGULATIONS UNDER SALINE ACT. 
 
 31. Under the act approved January 31, 1901, extending the 
 mining laws to saline lands, the provisions of the law relating 
 to placer-mining claims are extended to all States and Terri- 
 tories and the district of Alaska, so as to permit the location 
 and purchase thereunder of all unoccupied public lands con- 
 taining salt springs, or deposits of salt in any form, and chiefly 
 valuable therefor, with the proviso, "That the same person shall 
 not locate or enter more than one claim hereunder." 
 
 32. Rights obtained by location under the placer-mining laws 
 are assignable, and the assignee may make the entry in his 
 own name; so, under this act a person holding as assignee may 
 make entry in his own name: Provided, He has not held under 
 this act, at any time, either as locator or entryman, any other 
 lands; his right is exhausted by having held under this act 
 any particular tract, either as locator or entryman, either as 
 an individual or as a member of an association. It follows, 
 therefore, that no application for patent or entry, made under 
 this act, shall embrace more than one single location. 
 
 33. In order that the conditions imposed by the proviso, as 
 set forth in the above paragraph, may duly appear, the notice 
 
248 MINING LAW 
 
 of location presented for record and the application for patent 
 must each contain a specific statement under oath by each per- 
 son whose name appears therein that he never has, either as 
 an individual or as a member of an association, located or en- 
 tered any other lands under the provisions of this act. Assign- 
 ments made by persons who are not severally qualified as herein 
 stated will not be recognized. 
 
 PROCEDURE TO OBTAIN PATENT TO MINERAL 
 LANDS. 
 
 LODE CLAIMS. 
 
 34. The claimant is required, in the first place, to have a 
 correct survey of his claim made under authority of the sur- 
 veyor-general of the State or Territory in which the claim lies, 
 such survey to show with accuracy the exterior surface bound- 
 aries of the claim, which boundaries are required to be dis- 
 tinctly marked by monuments on the ground. Pour plats and 
 one copy of the original field notes in each case will be pre- 
 pared by the surveyor-general; one plat and the original field 
 notes to be retained in the office of the surveyor-general; one 
 copy of the plat to be given the claimant for posting upon the 
 claim; one plat and a copy of the field notes to be given the 
 claimant for filing with the proper register, to be finally trans- 
 mitted by that officer, with other papers in the case, to this 
 office, and one plat to be sent by the surveyor-general to the 
 register of the proper land district, to be retained on his files 
 for future reference. As there is no resident surveyor-general 
 for the State of Arkansas, applications for the survey of min- 
 eral claims in said State should be made to the Commissioner 
 of this office, who, under the law, is ex officio the U. S. surveyor- 
 general. 
 
 35. The survey and plat of mineral claims required to be 
 filed in the proper land office with application for patent must 
 be made subsequent to the recording of the location of the 
 claim (if the laws of the State or Territory or the regulations 
 of the mining district require the notice of location to be 
 recorded), and when the original location is made by survey 
 
LAND OFFICE. REGULATIONS 249 
 
 of a United States mineral surveyor such location survey can 
 not be substituted for that required by the statute, as above 
 indicated. 
 
 36. The surveyors-general should designate all surveyed min- 
 eral claims by a progressive series of numbers, beginning with 
 survey No. 37, irrespective as to whether they are situated on 
 surveyed or unsurveyed lands, the claim to be so designated 
 at date of issuing the order therefor, in addition to the local 
 designation of the claim; it being required in all cases that 
 the plat and field notes of the survey of a claim must, in addi- 
 tion to the reference to permanent objects in the neighborhood, 
 describe the locus of the claim with reference to the lines of 
 public surveys by a line connecting a corner of the claim with 
 the nearest public corner of the United States surveys, unless 
 such claim be on unsurveyed lands at a distance of more than 
 two miles from such public corner, in which latter case it 
 should be connected with a United States mineral monument. 
 Such connecting line must not be more than two miles in length, 
 and should be measured on the ground direct between the points, 
 or calculated from actually surveyed traverse lines if the nature 
 of the country should not permit direct measurement. If a 
 regularly established survey corner is within two miles of a 
 claim situated on unsurveyed lands, the connection should be 
 made with such corner in preference to a connection with a 
 United' States mineral monument. The connecting line or 
 traverse line must be surveyed by the mineral surveyor at the 
 time of his making the particular survey and be made a part 
 thereof. 
 
 37. (a) Promptly upon the approval of a mineral survey the 
 surveyor-general will advise both this office and the appropriate 
 local land office, by letter (Form 4-286), of the date of approval, 
 number of the survey, name and area of the claim, name and 
 survey number of each approved mineral survey with which 
 actually in conflict, name and address of the applicant for sur- 
 vey, and name of the mineral surveyor who made the survey, 
 and will also briefly describe therein the locus of the claim, 
 specifying each legal subdivision or portion thereof, when upon 
 surveyed lands, covered in whole or in part by the survey; 
 
250 MINING LAW 
 
 but hereafter no segregation of any such claim upon the official 
 township-survey records will be made until mineral entry has 
 been made and approved for patent, unless otherwise directed 
 by this office. 
 
 (6) Upon application to make agricultural entry of the residue 
 of any original lot or legal subdivision of forty acres, reduced 
 by mining claims for which patent applications have been filed 
 and which residue has been already reallotted in accordance 
 therewith, the local officers will accept and approve the appli- 
 cation as usual, if found to be regular. When such an appli- 
 cation is filed for any such original lot or subdivision, reduced 
 in available area by duly asserted mining claims but not yet 
 relotted accordingly, the local officers will promptly advise this 
 office thereof; and will also report and identify any pending 
 application for mineral patent affecting such subdivision which 
 the agricultural applicant does not desire to contest. The sur- 
 veyor-general will thereupon be advised by this office of such 
 mining claims, or portions thereof, as are proper to be segre- 
 gated, and directed to at once prepare, upon the usual drawing- 
 paper township blank, diagram of amended township survey of 
 such original lot or legal forty-acre subdivision so made frac- 
 tional by such mineral segregation, designating the agricultural 
 portion by appropriate lot number, beginning with No. 1 in 
 each section and giving the area of each lot, and will forthwith 
 transmit one approved copy to the local land office and one 
 to this office. In the meantime the local officers will accept 
 the agricultural application (if no other objection appears), 
 suspend it with reservation of all rights of the applicant if 
 continuously asserted by him, and upon receipt of amended 
 township diagram will approve the application (if then other- 
 wise satisfactory) -as of the date of filing, corrected to describe 
 the tract as designated in the amended survey. 
 
 (c) The register and receiver will allow no agricultural claim 
 for any portion of an original lot or legal forty-acre subdivision, 
 where the reduced area is made to appear by reason of ap- 
 proved surveys of mining claims and for which applications 
 for patent have not been filed, until there is submitted by such 
 agricultural applicant a satisfactory showing that such surveyed 
 
LAND OFFICE REGULATIONS 251 
 
 claims are in fact mineral in character; and applications to 
 have lands asserted to be mineral, or mining locations, segre- 
 gated by survey, with the view to agricultural appropriation of 
 the remainder, will be made to the register and receiver for 
 submission to the Commissioner of the General Land Office, for 
 his consideration and direction, and must be supported by the 
 affidavit of the party in interest, duly corroborated by two or 
 more disinterested persons, or by such other or further evi- 
 dence as may be required in any case, that the lands sought 
 to be segregated as mineral are in fact mineral in character; 
 otherwise, in the absence of satisfactory showing in any such 
 case, such original lot or legal subdivision will be subject to 
 agricultural appropriation only. When any such showing shall 
 be found to be satisfactory and the necessary survey is had, 
 amended township diagram will be required and made as pre- 
 scribed in the preceding section. 
 
 38. The following particulars should be observed in the sur- 
 vey of every mining claim: 
 
 (1) The exterior boundaries of the claim, the number of feet 
 claimed along the vein, and, as nearly as can be ascertained, 
 the direction of the vein, and the number of feet claimed on 
 the vein in each direction from the point of discovery or other 
 well-defined place on the claim should be represented on the 
 plat of survey and in the field notes. 
 
 (2) The intersection of the lines of the survey with the lines 
 of conflicting prior surveys should be noted in the field notes 
 and represented upon the plat. 
 
 (3) Conflicts with unsurveyed claims, where the applicant for 
 surveys does not claim the area in conflict, should be shown by 
 actual survey. 
 
 (4) The total area of the claim embraced by the exterior 
 boundaries should be stated, and also the area in conflict with 
 each intersecting survey, substantially as follows; 
 
 Acres. 
 
 Total area of claim 10.50 
 
 Area in conflict with survey No. 302 1.56 
 
 Area in conflict with survey No. 948 2.33 
 
 Area in conflict with Mountain Maid lode mining claim, 
 
 unsurveyed 1.48 
 
252 MINING LAW 
 
 It does not follow that because mining surveys are required 
 to exhibit all conflicts with prior surveys the areas of conflict 
 are to be excluded. The field notes and plat are made a part 
 of the application for patent, and care should be taken that 
 the description does not inadvertently exclude portions intended 
 to be retained. The application for patent should state the por- 
 tions to be excluded in express terms. 
 
 39. The claimant is then required to post a copy of the plat 
 of such survey in a conspicuous place upon the claim, together 
 with notice of his intention to apply for a patent therefor, 
 which notice will give the date of posting, the name of the 
 claimant, the name of the claim, the number of the survey, the 
 mining district and county, and the names of adjoining and 
 conflicting claims as shown by the plat survey. Too much care 
 can not be exercised in the preparation of this notice, inasmuch 
 as the data therein are to be repeated in the other notices re- 
 quired by the statute, and upon the accuracy and completeness 
 of these notices will depend in a great measure, the regularity 
 and validity of the proceedings for patent. 
 
 40. After posting the said plat and notice upon the premises, 
 the claimant will file with the proper register and receiver a 
 copy of such plat and the field notes of survey of the claim, 
 accompanied by the affidavit of at least two credible witnesses 
 that such plat and notice are posted conspicuously upon the 
 claim, giving the date and place of such posting; a copy of 
 the notice so posted to be attached to and form a part of said 
 affidavit. 
 
 41. Accompanying the field notes so filed must be the sworn 
 statement of the claimant that he has the possessory right to 
 the premises therein described, in virtue of a compliance by 
 himself (and by his grantors, if he claims by purchase) with 
 the mining rules, regulations, and customs of the mining dis- 
 trict, State, or Territory in which the claim lies, and with the 
 mining laws of Congress; such sworn statement to narrate 
 briefly, but as clearly as possible, the facts constituting such 
 compliance, the origin of his possession and the basis of his 
 claim to a patent. The vein or lode must be fully described, 
 the description to include a statement as to the kind and 
 
LAND OFFICE REGULATIONS 253 
 
 character of mineral, the extent thereof, whether ore has been 
 extracted and of what amount and value and such other facts 
 as will support the applicant's allegation that the claim contains 
 valuable mineral deposit. 
 
 42. This sworn statement must be supported by a copy of 
 each location notice, certified by the legal custodian of the 
 record thereof, and also by an abstract of title of each claim, 
 completed to the date of filing said statement and certified by 
 the legal custodian of the records of transfers, or by a duly 
 authorized abstracter of titles. The certificate must state that 
 no conveyances affecting the title to the claim or claims appear 
 of record other than those set forth. 
 
 Abstracters will be required to attach to each abstract cer- 
 tified by them a certificate stating that they have filed in the 
 office of the Commissioner of the General Land Office a certified 
 copy of the existing statute by which they are authorized to 
 compile abstracts of title, and evidence in the form of a cer- 
 tificate by the proper State, Territorial, or county officer that 
 they have complied with the requirements of such statute. 
 
 43. In the event of the mining records in any case having been 
 destroyed by fire or otherwise lost, affidavit of the fact should 
 be made, and secondary evidence of possessory title will be 
 received, which may consist of the affidavit of the claimant, 
 supported by those of any other parties cognizant of the facts 
 relative to his location, occupancy, possession, improvements, 
 etc.; and in such case of lost records, any deeds, certificates 
 of location or purchase, or other evidence which may be in 
 the claimant's possession and tend to establish his claim, should 
 be filed. 
 
 44. Before receiving and filing an application for mineral 
 patent local officers will be particular to see that it includes 
 no land which is embraced in a prior or pending application 
 for patent or entry, or for any lands embraced in a railroad 
 selection, or for which publication is pending or has been 
 made by any other claimants, and if, in their opinion, after 
 investigation, it should appear that a mineral application should 
 not, for these or other reasons, be accepted and filed, they 
 should formally reject the same, giving the reasons therefor, 
 
254 MINING LAW 
 
 and allow the applicant thirty days for appeal to this office 
 under the Rules of Practice. 
 
 Local officers will give prompt and appropriate notice to the 
 railroad grantee of the filing of every application for mineral 
 patent which embraces any portion of an odd-numbered section 
 of surveyed lands within the primary limits of a railroad land 
 grant, and of every such application embracing any portion of 
 unsurveyed lands within such limits (except as to any such 
 application which embraces a portion or portions of those ascer- 
 tained or prospective odd-numbered sections only, within the 
 limits of the grant in Montana and Idaho to the Northern Pacific 
 Railroad Company, which have been classified as mineral under 
 the act of February 26, 1895, without protest by the company 
 within the time limited by the statute or the mineral classifica- 
 tion whereof has been approved). 
 
 Should the railroad grantee file protest and apply for a hear- 
 ing to determine the character of the land involved in any 
 such application for mineral patent, proceedings thereunder will 
 be had in the usual manner. 
 
 Any application for mineral patent, however, which embraces 
 lands previously listed or selected by a railroad company will 
 be disposed of as provided by the first section of this para- 
 graph, and the applicant afforded opportunity to protest and 
 apply for a hearing or to appeal. 
 
 Notice should be given to the duly authorized representative 
 of the railroad grantee, in accordance with rule 17 of Practice. 
 When the claims applied for are upon unsurveyed land, the 
 burden of proving that they are situate within prospective odd- 
 numbered sections will rest upon the railroad. 
 
 Evidence of service of notice should be filed with the record 
 in each case. 
 
 45. Upon the receipt of these papers, if no reason appears 
 for rejecting the application, the register will, at the expense 
 of the claimant (who must furnish the agreement of the pub- 
 lisher to hold applicant for patent alone responsible for charges 
 of publication), publish a notice of such application for the 
 period of sixty days in a newspaper published nearest to the 
 claim, and will post a copy of such notice in his office for the 
 
LAND OFFICE REGULATIONS 255 
 
 same period. When the notice is published in a weekly news- 
 paper, nine consecutive insertions are necessary; when in a 
 daily newspaper, the notice must appear in each issue for sixty- 
 one consecutive issues. In both cases the first day of issue must 
 be excluded in estimating the period of sixty days. 
 
 46. The notices so published and posted must embrace all the 
 data given in the notice posted upon the claim. In addition to 
 such data the published notice must further indicate the locus 
 of the claim by giving the connecting line, as shown by the 
 field notes and plat, between a corner of the claim and a United 
 States mineral monument or a corner of the public survey, and 
 thence the boundaries of the claim by courses and distances. 
 
 47. The register shall publish the notice of application for 
 patent in a paper of established character and general circula- 
 tion, to be by him designated as being the newspaper published 
 nearest the land. 
 
 48. The claimant at the time of filing the application for 
 patent, or at any time within the sixty days of publication, is 
 required to file with the register a certificate of the surveyor- 
 general that not less than five hundred dollars' worth of labor 
 has been expended or improvements made, by the applicant or 
 his grantors, upon each location embraced in the application, 
 or if the application embraces several contiguous locations held 
 in common, that an amount equal to five hundred dollars for 
 each location has been so expended upon, and for the benefit 
 of, the entire group; that the plat filed by the claimant is cor- 
 rect; that the field notes of the survey, as filed, furnish such 
 an accurate description of the claim as will, if incorporated in 
 a patent, serve to fully identify the premises, and that such 
 reference is made therein to natural objects or permanent mon- 
 uments as will perpetuate and fix the locus thereof: Provided, 
 That as to all applications for patents made and passed to 
 entry before July 1, 1898, or which are by protests or adverse 
 claims prevented from being passed to entry before that time, 
 where the application embraces several locations held in com- 
 mon, proof of an expenditure of five hundred dollars upon the 
 group will be sufficient, and an expenditure of that amount 
 
256 MINING LAW 
 
 need not be shown to have been made upon, or for the benefit 
 of, each location embraced in the application. 
 
 49. The surveyor-general may derive his information upon 
 which to base his certificate as to the value of labor expended 
 or improvements made from the mineral surveyor who makes 
 the actual survey and examination upon the premises, and such 
 mineral surveyor should specify with particularity and full 
 detail the character and extent of such improvements, but 
 further or other evidence may be required in any case. 
 
 50. It will be convenient to have this certificate indorsed by 
 the surveyor-general, both upon the plat and field notes of 
 survey filed by the claimant as aforesaid. 
 
 51. After the sixty days' period of newspaper publication has 
 expired, the claimant will furnish from the office of publication 
 a sworn statement that the notice was published for the stat- 
 utory period, giving the first and last day of such publication, 
 and his own affidavit showing that the plat and notice aforesaid 
 remained conspicuously posted upon the claim sought to be 
 patented during said sixty days' publication, giving the dates. 
 
 52. Upon the filing of this affidavit the register will, if no 
 adverse claim was filed in his office during the period of pub- 
 lication, and no other objection appears, permit the claimant to 
 pay for the land to which he is entitled at the rate of five dol- 
 lars for each acre and five dollars for each fractional part of 
 an acre, except as otherwise provided by law, the receiver issu- 
 ing the usual receipt therefor. The claimant will also make a 
 sworn statement of all charges and fees paid by him for pub- 
 lication and surveys, together with all fees and money paid the 
 register and receiver of the land office, after which the com- 
 plete record will be forwarded to the Commissioner of the 
 General Land Office and a patent issued thereon if found regular. 
 
 53. At any time prior to the issuance of patent protest may 
 be filed against the patenting of the claim as applied for, upon 
 any ground tending to show that the applicant has failed to 
 comply with the law in any matter essential to a valid entry 
 under the patent proceedings. Such protest can not, however, 
 be made the means of preserving a surface conflict lost by 
 failure to adverse or lost by the judgment of the court in an 
 
LAND OFFICE REGULATIONS 257 
 
 adverse suit. One holding a present joint interest in a min- 
 eral location included in an application for patent who is ex- 
 cluded from the application, so that his interest would not 
 be protected by the issue of patent thereon, may protest against 
 the issuance of a patent as applied for, setting forth in such 
 protest the nature and extent of his interest in such location, 
 and such a protestant will be deemed a party in interest en- 
 titled to appeal. This results from the holding that a co-owner 
 excluded from an application for patent does not have an "ad- 
 verse" claim within the meaning of sections 2325 and 2326 of 
 the Revised Statutes. (See Turner v. Sawyer, 150 U. S., 578- 
 586.) 
 
 54. Any party applying for patent as trustee must disclose 
 fully the nature of the trust and the name of the cestui que 
 trust; and such trustee, as well as the beneficiaries, must fur- 
 nish satisfactory proof of citizenship; and the names of bene- 
 ficiaries, as well as that of the trustee, must be inserted in 
 the final certificate of entry. 
 
 55. The annual expenditure of one hundred dollars in labor 
 or improvements on a mining claim, required by section 2324 
 of the Revised Statutes, is solely a matter between rival or 
 adverse claimants to the same mineral land, and goes only 
 to the right of possession, the determination of which is com- 
 mitted exclusively to the courts. 
 
 56. The failure of an applicant for patent to a mining claim 
 to prosecute his application to completion, by filing the neces- 
 sary proofs and making payment for the land, within a rea- 
 sonable time after the expiration of the period of publication 
 of notice of the application, or after the termination of adverse 
 proceedings in the courts, constitutes a waiver by the applicant 
 of all rights obtained by the earlier proceedings upon the appli- 
 cation. 
 
 57. The proceedings necessary to the completion of an appli- 
 cation for patent to a mining claim, against which an adverse 
 claim or protest has been filed, if taken by the applicant at 
 the first opportunity afforded therefor under the law and de- 
 partmental practice, will be as effective as if taken at the date 
 
258 MINING LAW 
 
 when, but for the adverse claim or protest, the proceedings on 
 the application could have been completed. 
 
 PLACER CLAIMS. 
 
 58. The proceedings to obtain patents for placer claims, in- 
 cluding all forms of mineral deposits excepting veins of quartz 
 or other rock in place, are similar to the proceedings prescribed 
 for obtaining patents for vein or lode claims; but where a 
 placer claim shall be upon surveyed lands, and conforms to 
 legal subdivisions, no further survey or plat will be required. 
 Where placer claims can not be conformed to legal subdivi- 
 sions, survey and plat shall be made as on unsurveyed lands. 
 
 59. The proceedings for obtaining patents for veins or lodes 
 having already been fully given, it will not be necessary to 
 repeat them here, it being thought that careful attention thereto 
 by applicants and the local officers will enable them to act 
 understandingly in the matter, and make such slight modifica- 
 tions in the notice, or otherwise, as may be necessary in view 
 of the different nature of the two classes of claims; the price 
 of the placer claims being fixed, however, at two dollars and 
 fifty cents per acre or fractional part of an acre. 
 
 60. In placer applications, in addition to the recitals neces- 
 sary in and to both vein or lode and placer applications, the 
 placer application should contain, in detail, such data as will 
 support the claim that the land applied for is placer ground 
 containing valuable mineral deposits not in vein or lode forma- 
 tion and that title is sought not to control water courses or 
 to obtain valuable timber but in good faith because of the 
 mineral therein. This statement, of course, must depend upon 
 the character of the deposit and the natural features of the 
 ground, but the following details should be covered as fully 
 as possible: If the claim be for a deposit of placer gold, there 
 must be stated the yield per pan, or cubic yard, as shown by 
 prospecting and development work, distance to bedrock, forma- 
 tion and extent of the deposit, and all other facts upon which 
 he bases his allegation that the claim is valuable for its de- 
 posits of placer gold. If it be a building stone or other deposit 
 than gold claimed under the placer laws, he must describe fully 
 
LAND OFFICE REGULATIONS 259 
 
 the kind, nature, and extent of the deposit, stating the reasons 
 why same is by him regarded as a valuable mineral claim. 
 He will also be required to describe fully the natural features 
 of the claim; streams, if any, must be fully described as to 
 their course, amount of water carried, fall within the claim; 
 and he must state kind and amount of timber and other vege- 
 tation thereon and adaptability to mining or other uses. 
 
 If the claim be all placer ground, that fact must be stated in 
 the application and corroborated by accompanying proofs; if of 
 mixed placers and lodes, it should be so set out, with a descrip- 
 tion of all known lodes situated within the boundaries of the 
 claim. A specific declaration, such as is required by section 
 2333, Revised Statutes, must be furnished as to each lode in- 
 tended to be claimed. All other known lodes are, by the silence 
 of the applicant excluded by law from all claim by him, of 
 whatsoever nature, possessory or otherwise. 
 
 While this data is required as a part of the mineral surveyor's 
 report under paragraph 167, in case of placers taken by special 
 survey, it is proper that the application for patent incorporate 
 these facts under the oath of the claimant. 
 
 Inasmuch as in case of claims taken by legal subdivisions, no 
 report by a mineral surveyor is required, the claimant, in his 
 application in addition to the data above required, should de- 
 scribe in detail the shafts, cuts, tunnels, or other workings 
 claimed as improvements, giving their dimensions, value, and 
 the course and distance thereof to the nearest corner of the 
 public surveys. 
 
 As prescribed by paragraph 25, this statement as to the de- 
 scription and value of the improvements must be corroborated 
 by the affidavits of two disinterested witnesses. 
 ' Applications awaiting entry, whether published or not, must 
 be made to conform to these regulations, with respect to proof 
 as to the character of the land. Entries already made will be 
 suspended for such additional proofs as may be deemed neces- 
 sary in each case. 
 
 Local land officers are instructed that if the proofs submitted 
 in placer applications under this paragraph are not satisfactory 
 as showing the land as a whole to be placer in character, or 
 
260 MINING LAW 
 
 if the claims impinge upon or embrace water courses or bodies 
 of water, and thus raise a doubt as to the bona fides of the 
 location and application, or the character and extent of the 
 deposit claimed thereunder, to call for ' further evidence, or if 
 deemed necessary, request the specific attention of the Chief 
 of Field Service thereto in connection with the usual notification 
 to him under the circular instructions of April 24, 1907, and 
 suspend further action on the application until a report thereon 
 is received from the field officer. 
 
 MILL SITES. 
 
 61. Land entered as a mill site must be shown to be non- 
 mineral. Mill sites are simply auxiliary to the working of min- 
 eral claims, and as section 2337, which provides for the patent- 
 ing of mill sites, is embraced in the chapter of the Revised 
 Statutes relating to mineral lands, they are therefore included 
 in this circular. 
 
 62. To avail themselves of this provision of law, parties hold- 
 ing the possessory right to a vein or lode claim, and to a 
 piece of nonmineral land not contiguous thereto for mining or 
 milling purposes, not exceeding the quantity allowed for such 
 purpose by section 2337, or prior laws, under which the land 
 was appropriated, the proprietors of such vein or lode may file 
 in the proper land office their application for a patent, undej 
 oath, in manner already set forth herein, which application, 
 together with the plat and field notes, may include, embrace, 
 and describe, in addition to the vein or lode claim, such non- 
 contiguous mill site, and after due proceedings as to notice, 
 etc., a patent will be issued conveying the same as one claim. 
 The owner of a patented lode may, by an independent applica- 
 tion, secure a mill site if good faith is manifested in its use 
 or occupation in connection with the lode and no adverse claim 
 exists. 
 
 63. Where the original survey includes a lode claim and also 
 a mill site the lode claim should be described in the plat and 
 field notes as "Sur. No. 37, A," and the mill site as "Sur. No. 
 37, B," or whatever may be its appropriate numerical designa- 
 tion; the course and distance from a corner of the mill site 
 
LAND OFFICE REGULATIONS 2G1 
 
 to a corner of the lode claim to be invariably given in such 
 plat and field notes, and a copy of the plat and notice of 
 application for patent must be conspicuously posted upon the 
 mill site as well as upon the vein or lode claim for the statu- 
 tory period of sixty days. In making the entry no separate re- 
 ceipt or certificate need be issued for the mill site, but the whole 
 area of both lode and mill site will be embraced in one entry, 
 the price being five dollars for each acre and fractional part of 
 an acre embraced by such lode and mill-site claim. 
 
 64. In case the owner of a quartz mill or reduction works 
 is not the owner or claimant of a vein or lode claim the law 
 permits him to make application therefor in the same manner 
 as prescribed herein for mining claims, and after due notice 
 and proceedings, in the absence of a valid adverse filing, to enter 
 and receive a patent for his mill site at said price per acre. 
 
 65. In every case there must be satisfactory proof that the 
 land claimed as a mill site is not mineral in character, which 
 proof may, where the matter is unquestioned, consist of the 
 sworn statement of two or more persons capable, from acquaint- 
 ance with the land, to testify understandingly. 
 
 CITIZENSHIP. 
 
 66. The proof necessary to establish the citizenship of appli- 
 cants for mining patents must be made in the following manner: 
 In case of an incorporated company, a certified copy of their 
 character or certificate of incorporation must be filed. In case 
 of an association of persons unincorporated, the affidavit of 
 their duly authorized agent, made upon his knowledge or upon 
 information and belief, setting forth the residence of each 
 person forming such association, must be submitted. This affi- 
 davit must be accompanied by a power of attorney from the 
 parties forming such association, authorizing the person who 
 makes the affidavit of citizenship to act for them in the matter 
 of application for patent. 
 
 67. In case of an individual or an association of individuals 
 who do not appear by their duly" authorized agent, the affidavit 
 of each applicant, showing whether he is a native or a nat- 
 
262 MINING LAW 
 
 uralized citizen, when and where born, and his residence, will 
 be required. 
 
 68. In case an applicant has declared his intention to become 
 a citizen or has been naturalized, his affidavit must show the 
 date, place, and the court before which he declared his intention, 
 or from which his certificate of citizenship issued, and present 
 residence. 
 
 69. The affidavit of the claimant as to his citizenship may be 
 taken before the register or receiver, or any other officer author- 
 ized to administer oaths within the land districts; or, if the 
 claimant is residing beyond the limits of the district, the affi- 
 davit may be taken before the clerk of any court of record or 
 before any notary public of any State or Territory. 
 
 70. If citizenship is established by the testimony of disinter- 
 ested persons, such testimony may be taken at any place before 
 any person authorized to administer oaths, and whose official 
 character is duly verified. 
 
 71. No entry will be allowed until the register has satisfied 
 himself, by careful examination, that proper proofs have been 
 filed upon the points indicated in the law and official regula- 
 tions. Transfers made subsequent to the filing of the application 
 for patent will not be considered, but entry will be allowed and 
 patent issued in all cases in the name of the applicant for patent, 
 the title conveyed by the patent, of course, in each instance in- 
 uring to the transferee of such applicant where a transfer has 
 been made pending the application for patent. 
 
 72. The mineral entries will be given the current serial num- 
 bers according to the provisions of the circular of June 10, 1908, 
 whether the same are of lode or of placer claims or of mill sites. 
 
 73. In sending up the papers in a case the register must not 
 omit certifying to the fact that the notice was posted in his 
 office for the full period of sixty days, such certificate to state 
 distinctly when such posting was done and how long continued. 
 The schedule of papers, form 4 — 252f, should accompany the 
 returns with all mineral applications and entries allowed. 
 
 POSSESSORY RIGHT. 
 
 74. The provisions of section 2332, Revised Statutes, will 
 
LAND OFFICE REGULATIONS 2G3 
 
 greatly lessen the burden of proof, more especially in the case 
 of old claims located many years since, the > records of which, 
 in many cases, have been destroyed by fire, or lost In other 
 ways during the lapse of time, but concerning the possessory 
 right to which all controversy or litigation has long been 
 settled. 
 
 75. When an applicant desires to make his proof of possessory 
 right in accordance with this provision of law, he will not be 
 required to produce evidence of location, copies of conveyances, 
 or abstracts of title, as in other cases, but will be required to 
 furnish a duly certified copy of the statute of limitation of 
 mining claims for the State or Territory, together with his 
 sworn statement giving a clear and succinct narration of the 
 facts as to the origin of his title, and likewise as to the con- 
 tinuation of his possession of the mining ground covered by 
 his application; the area thereof; the nature and extent of the 
 mining that has been done thereon; whether there has been 
 any opposition to his possession, or litigation with regard to 
 his claim, and if so, when the same ceased; whether such cessa- 
 tion was caused by compromise or by judicial decree, and any 
 additional facts within the claimant's knowledge having a direct 
 bearing upon his possession and bona fides which he may desire 
 
 .to submit in support of his claim. 
 
 76. There should likewise be filed a certificate, under seal 
 of the court having jurisdiction of mining cases within the 
 judicial district embracing the claim, that no suit or action of 
 any character whatever involving the right of possession to any 
 portion of the claim applied for is pending, and that there has 
 been no litigation before said court affecting the title to said 
 claim or any part thereof for a period equal to the time fixed 
 by the statute of limitations for mining claims in the State or 
 Territory as aforesaid other than that which has been finally 
 decided in favor of the claimant. 
 
 77. The claimant should support his narrative of facts rela- 
 tive to his possession, occupancy, and improvements by cor- 
 roborative testimony of any disinterested person or persons of 
 credibility who may be cognizant of the facts in the case and 
 are capable of testifying understandingly in the premises. 
 
2C4 MINING LAW 
 
 ADVERSE CLAIMS. 
 
 78. An adverse claim must be filed with the register and re- 
 ceiver of the. land office where the application for patent is filed 
 or with the register and receiver of the district in which the 
 
 . land is situated at the time of filing the adverse claim. It must 
 be on the oath of the adverse claimant, or it may be verified 
 by the oath of any duly authorized agent or attorney in fact of 
 the adverse claimant cognizant of the facts stated. 
 
 79. Where an agent or attorney in fact verifies the adverse 
 claim, he must distinctly swear that he is such agent or attorney, 
 and accompany his affidavit by proof thereof. 
 
 80. The agent or attorney in fact must make the affidavit 
 where the claim is situated. 
 
 81. The adverse claim so filed must fully set forth the nature 
 and extent of the interference or conflict; whether the adverse 
 party claims as a purchaser for valuable consideration or as a 
 locator. If the former, a certified copy of the original location, 
 the original conveyance, a duly certified copy thereof, or an 
 abstract of title from the office of the proper recorder should 
 be furnished, or if the transaction was a merely verbal one he 
 will narrate the circumstances attending the purchase, the date 
 thereof, and the amount paid, which facts should be supported, 
 by the affidavit of one or more witnesses, if any were present 
 at the time, and if he claims as a locator he must file a duly 
 certified copy of the location from the office of the proper re- 
 corder. 
 
 82. In order that the "boundaries" and "extent" of the claim 
 may be shown, it will be incumbent upon the adverse claimant 
 to file a plat showing his entire claim, its relative situation or 
 position with the one against which he claims, and the extent 
 of the conflict: Provided, however. That if the application for 
 patent describes the claim by legal subdivisions, the adverse 
 claimant, if also claiming by legal subdivisions, may describe his 
 adverse claim in the same manner without further survey or 
 plat. If the claim is not described by legal subdivisions, it will 
 generally be more satisfactory if the plat thereof is made from 
 
LAND OFFICE REGULATIONS 265 
 
 an actual survey by a mineral surveyor, and Its correctness 
 officially certified by him. 
 
 83. Upon the foregoing being filed within the sixty days' period 
 of publication, the register, or in his absence the receiver, will 
 immediately give notice in writing to the parties that such ad- 
 verse claim has been filed, informing them that the party who 
 filed the adverse claim will be required within thirty days from 
 the date of such filing to commence proceedings in a court of 
 competent jurisdiction to determine the question of right of 
 possession, and to prosecute the same with reasonable diligence 
 to final judgment, and that, should such adverse claimant fail 
 to do so, his adverse claim will be considered waived and the 
 application for patent be allowed to proceed upon its merits. 
 
 84. When an adverse claim is filed as aforesaid, the register 
 or receiver will indorse upon the same the precise date of filing, 
 and preserve a record of the date of notifications issued thereon; 
 and thereafter all proceedings on the application for patent will 
 be stayed with the exception of the completion of the publica- 
 tion and posting of notices and plat and the filing of the neces- 
 sary proof thereof, until the controversy shall have been finally 
 adjudicated in court or the adverse claim waived or withdrawn. 
 
 85. Where an adverse claim has been filed and suit thereon 
 .commenced within the statutory period and final judgment ren- 
 dered determining the right of possession, it will not be sufficient 
 to file with the register a certificate of the clerk of the court 
 setting forth the facts as to such judgment, but the successful 
 party must, before he is allowed to make entry, file a certified 
 copy of the judgment roll, together with the other evidence re-, 
 quired by section 2326, Revised Statutes. 
 
 86. Where such suit has been dismissed, a certificate of the 
 clerk of the court to that effect or a certified copy of the order 
 of dismissal will be sufficient. t 
 
 87. After an adverse claim has been filed and suit commenced, 
 a relinquishment or other evidence of abandonment of the ad- 
 verse claim will not be accepted, but the case must be terminated 
 and proof thereof furnished as required by the last two para- 
 graphs. 
 
 88. Where an adverse claim has been filed, but no suit com- 
 
266 MINING LAW 
 
 menced against the applicant for patent within the statutory 
 period, a certificate to that effect by the clerk of the State court 
 having jurisdiction in the case, and also by the clerk of the 
 circuit court of the United States for the district in which the 
 claim is situated, will be required. 
 
 APPOINTMENT OF SURVEYORS FOR SURVEY OF 
 MINING CLAIMS AND CHARGES. 
 
 89. Section 2334 provides for the appointment of surveys to 
 survey mining claims, and authorizes the Commissioner of the 
 General Land Office to establish the rates to be charged for 
 surveys and for newspaper publications. Under this authority 
 of law the following rates have been established as the maxi- 
 mum charges for newspaper publications in mining cases: 
 
 (1) Where a daily newspaper is designated the charge shall 
 not exceed seven dollars for each ten lines of space occupied, 
 and where a weekly newspaper is designated as the medium of 
 publication five dollars for the same space will be allowed. Such 
 charge shall be accepted as full payment for publication in each 
 issue of the newspaper for the entire period required by law. 
 
 It is expected that these notices shall not be so abbreviated as 
 to curtail the description essential to a perfect notice, and the 
 said rates established upon the understanding that they are to 
 be in the usual body type used for advertisements. 
 
 (2) For the publication of citations in contests or hearings 
 involving the character of lands the charges shall not exceed 
 eight dollars for five publications in weekly newspapers or ten 
 dollars for publications in daily newspapers for thirty days. 
 
 90. The surveyors-general of the several districts will, in' pur- 
 suance of said law, appoint in each land district as many com- 
 petent surveyors for the survey of mining claims as may seek 
 such appointment, it toeing distinctly understood that all ex- 
 penses of these notices and surveys are to be borne by the 
 mining claimant and not by the United States. The statute 
 provides that the claimant shall also be at liberty to employ any 
 United States mineral surveyor to make the survey. Each sur- 
 veyor appointed to survey mining claims before entering upon 
 the duties of his office or appointment shall be required to 
 
LAND OFFICE REGULATIONS 267 
 
 enter into a bond of not less than $5000 for the faithful per- 
 formance of his duties. 
 
 91. With regard to the platting of the claim and other office 
 work in the surveyor-general's office, that officer will make an 
 estimate of the cost thereof, which amount the claimant will 
 deposit with any assistant United States treasurer or designated 
 depository in favor of the United States Treasurer, to be paid 
 to the credit of the fund created by "individual depositors for 
 surveys of the public lands," and file with the surveyor-general 
 duplicate certificates of such deposit in the usual manner. 
 
 92. The surveyor-general will endeavor to appoint surveyors to 
 survey mining claims so that one or more may be located in 
 each mining district for the greater convenience of miners. 
 
 93. The usual oaths will be required of these surveyors and 
 their assistants as to the correctness of each survey executed 
 by them. 
 
 The duty of the surveyor ceases when he has executed the 
 survey and returned the field notes and preliminary plat thereof 
 with his report to the surveyor-general. He will not be allowed 
 to prepare for the mining claimant the papers in support of an 
 application for patent, or otherwise perform the duties of an 
 attorney before the land office in connection with a mining 
 claim. 
 
 The surveyors-general and local land officers are expected to 
 report any infringement of this regulation to this office. 
 
 94. Should it appear that excessive or exorbitant charges 
 have been made by any surveyor or any publisher, prompt action 
 will be taken with the view of correcting the abuse. 
 
 FEES OF REGISTERS AND RECEIVERS. 
 
 95. The fees payable to the register and receiver for filing and 
 acting upon applications for mineral-land patents are five dol- 
 lars to each officer, to be paid by the applicant for patent at 
 the time of filing, and the like sum of five dollars is payable 
 to each officer by an adverse claimant at the time of filing his 
 adverse claim. (Sec. 2238, R. S., par. 9.) 
 
 [Paragraphs 96, 97, and 98 are superseded by the general cir- 
 cular instructions of June 10, 1908.] 
 
■268 MINING LAW 
 
 HEARINGS TO DETERMINE CHARACTER OF 
 LANDS. 
 
 99. The Rules of Practice . in cases before the United ' States 
 district land offices, the General Land Office, and the Department 
 of the Interior will, so far as practicable, govern in all cases 
 and proceedings arising in contests and hearings to determine 
 the character of lands. 
 
 100. Public land returned by the surveyor-general as mineral 
 shall be withheld from entry as agricultural land until the 
 presumption arising from such a return shall be overcome by 
 testimony taken in the manner hereinafter described. 
 
 101. Hearings to determine the character of lands: 
 
 (1) Lands returned as mineral by the surveyor-general. 
 When such lands are sought to be entered as agricultural 
 
 under laws which require the submission of final proof after 
 due notice by publication and posting, the filing of the proper 
 nonmineral affidavit in the absence of allegations that the land 
 is mineral will be deemed sufficient as a preliminary require- 
 ment. A satisfactory showing as to character of land must 
 be made when final proof is submitted. 
 
 In case of application to enter, locate, or select such lands 
 as agricultural, under laws in which the submission of final 
 proof after due publication and posting is not required, notice 
 thereof must first be given by publication for sixty days and 
 posting in the local office during the same period, and affirmative 
 proof as to the character of the land submitted. In the absence 
 of allegations that the land is mineral, and upon compliance 
 with this requirement, the entry, location, or selection will be 
 allowed, if otherwise regular. 
 
 (2) Lands returned as agricultural and alleged to be mineral 
 in character. 
 
 Where as against the claimed right to enter such lands as 
 agricultural it is alleged that the same are mineral, or are 
 applied for as mineral lands, the proceedings in this class of 
 cases will be in the nature of a contest, and the practice will 
 be governed by the rules in force in contest cases. 
 
 I Paragraphs 102 to 104, inclusive, are superseded by appro- 
 
LAND OFFICE 1 REGULATIONS 269 
 
 priate instructions relative to nonmineral proofs in railroad, 
 State, and forest lieu selections contained in separate circulars.] 
 
 105. At hearings to determine the character of lands the claim- 
 ants and witnesses will be thoroughly examined with regard 
 to the character of the land; whether the same has been thor- 
 oughly prospected; whether or not there exists within the tract 
 or tracts claimed any lode or vein of quartz or other rock in 
 place bearing gold, silver, cinnabar, lead, tin, or copper, or 
 other valuable deposit which has ever been claimed, located, 
 recorded, or worked; whether such work is entirely abandoned, 
 or whether occasionally resumed; if such lode does exist, by 
 whom claimed, under what designation, and in which subdi- 
 vision of the land it lies; whether any placer mine or mines 
 exist upon the land; if so, what is the character thereof — 
 Whether of the shallow-surface description, or of the deep 
 cement, blue lead, or gravel deposits; to what extent mining 
 is carried on when water can he obtained, and what the facilities 
 are for obtaining water for mining purposes; upon what par- 
 ticular ten-acre subdivisions mining has been done, and at what 
 time the land was abandoned for mining purposes, if abandoned 
 at all. In every case, where practicable, an adequate quantity 
 or number of representative samples of the alleged mineral- 
 bearing matter or material should be offered in evidence, with 
 proper identification, to be considered in connection with the 
 record, with which they will be transmitted upon each appeal 
 that may be taken. Testimony may be submitted as to the 
 geological formation and development of mineral on adjoining 
 or adjacent lands and their relevancy. 
 
 106. The testimony should also show the agricultural capaci- 
 ties of the land, what kind of crops are raised thereon, and 
 the value thereof; the number of acres actually cultivated for 
 crops of cereals or vegetables, and within which particular ten- 
 acre subdivision such crops are raised; also which of these 
 subdivisions embrace the improvements, giving in detail the 
 extent and value of the improvements, such as house, barn, 
 vineyard, orchard, fencing, etc., and ' mining improvements. 
 
 107. The testimony should be as full and complete as pos- 
 sible; and in addition to the leading points indicated above, 
 
270 MINING LAW 
 
 where an attempt is made to prove the mineral character of 
 lands which have been entered under the agricultural laws, it 
 should show at what date, if at all, valuable deposits of min- 
 erals were first known to exist on the lands. 
 
 108. When the case comes before this office, such decision 
 will be made as the law and the facts justify. In cases where 
 a survey is necessary to set apart the mineral from the agri- 
 cultural land, the proper party, at his own expense, will be 
 required to have the work done by a reliable and competent 
 surveyor to be designated by the surveyor-general. Application 
 therefor must be made to the register and receiver, accompanied 
 by description of the land to be segregated and the evidence of 
 service upon the opposite party of notice of his intention to 
 have such segregation made. The register and receiver will 
 forward the same to this office, when the necessary instructions 
 for the survey will be given. The survey in such case, where 
 the claims to be segregated are vein or lode claims, must be 
 executed in such manner as will conform to the requirements 
 in section 2320, Revised Statutes, as to length and width and 
 parallel end lines. 
 
 109. Such survey when executed must be properly sworn to 
 by the surveyor, either before a notary public, United States 
 commissioner, officer of a court of record, or before the register 
 or receiver, the deponent's character and credibility to be prop- 
 erly certified to by the officer administering the oath. 
 
 110. Upon the filing of the plat and field notes of such survey 
 with' the register and receiver, duly sworn to as aforesaid, they 
 will transmit the same to the surveyor-general for his verifica- 
 tion and approval, who, if he finds the work correctly performed, 
 will furnish authenticated copies of such plat and description 
 both to the proper local land office and to this office, made upon 
 the usual drawing-paper township blank. 
 
 The copy of plat furnished the local office and this office must 
 be a diagram verified by the surveyor-general, showing the claim 
 or claims segregated, and designating the separate fractional 
 agricultural tracts in each' 40-acre legal subdivision by the proper 
 lot number, beginning with No. 1 in each section, an.d giving 
 
LAND OFFICE REGULATIONS 271 
 
 the area in each lot, the same as provided in paragraph 37 in 
 the survey of mining claims on surveyed lands. 
 
 111. The fact that a certain tract of land is decided upon 
 testimony to be mineral in character is by no means equivalent 
 to an award of the land to a miner. In order to secure a 
 patent for such land, he must proceed as in other cases, in 
 accordance with the foregoing regulations. 
 
 Blank forms for proofs in mineral cases are not furnished bj 
 the General Land Office. 
 
 DISTRICT OF ALASKA. 
 
 112. Section 13, act of May 14, 1898, according to native-born 
 citizens of Canada "the same mining rights and privileges" in 
 the district of Alaska as are accorded to citizens of the United 
 States in British Columbia and the Northwest Territory by 
 the laws of the Dominion of Canada, is not now and never has 
 been operative, for the reason ' that the only mining rights 
 and privileges granted to any person by the ,laws of the Domin- 
 ion of Canada are those of leasing mineral lands upon the pay- 
 ment of a stated royalty, and the mining laws of the United 
 States make no provision for such leases. 
 
 113. For the sections of the act of June 6, 1900, making further 
 provision for a civil government for Alaska, which provide for 
 the establishment of recording districts and the recording of 
 mining locations; for the making of rules and regulations by 
 the miners and for the legalization of mining records; for the 
 extension of the mining laws to the district of Alaska, and for 
 the exploration and mining of tide lands and lands below low 
 tide; and relating to the rights of Indians and persons conduct- 
 ing schools and missions, see pp. 212-213 of this circular. 
 
 MINERAL LANDS WITHIN NATIONAL FORESTS. 
 
 114. The act of June 4, 1897, provides that "any mineral lands 
 in any forest reservation which have been or which may be 
 shown to be such, and subject to entry under the existing min- 
 ing laws of the United States and the rules and regulations 
 applying thereto, shall continue to be subject to such location 
 and entry," notwithstanding the reservation. This makes min- 
 
272 MINING LAW 
 
 eral lands in the forest reserves subject to location and entry 
 under the general mining laws in the usual manner. 
 
 The act also provides that "The Secretary of the Interior may 
 permit, under regulations to be prescribed by him, the use of 
 timber and stone found upon such reservations, free of charge, 
 by bona fide settlers, miners, residents, and prospectors for min- 
 erals, for firewood, fencing, buildings, mining, prospecting, and 
 other domestic purposes, as may be needed by such persons for 
 such purposes; such timber to be used within the State or Ter- 
 ritory, respectively, where such reservations may be located." 
 
 TRANSFER OP NATIONAL FORESTS. 
 
 Act of February 1, 1905 (33 Stat., 628). 
 
 The Secretary of the Department of Agriculture shall, from 
 and after the passage of this act, execute or cause to be executed 
 all laws affecting public lands heretofore or hereafter reserved 
 under the provisions of section twenty-four of the act entitled 
 "An act to repeal the timber-culture laws, and for other pur- 
 poses," approved March 3, 1891, and acts supplemental to and 
 amendatory thereof, after such lands have been so reserved, 
 excepting such laws as affect the surveying, prospecting, locat- 
 ing, appropriating, entering, relinquishing, reconveying, certify- 
 ing, or patenting of any of such lands. 
 
 (For further information see Use Book — Forest Service.) ' 
 
 SURVEYS OF MINING CLAIMS. 
 
 GENERAL PROVISIONS. 
 
 115. Under section 2334, Revised Statutes, the U. S. surveyor- 
 general "may appoint in each land district containing mineral 
 land as many competent surveyors as shall apply for appoint- 
 ment to survey mining claims." 
 
 116. Persons desiring such appointment should therefore file 
 their applications with the surveyor-general for the district 
 wherein appointment is asked, who will furnish all information 
 necessary. 
 
 117. All appointments of mineral surveyors must be submitted 
 to the Commissioner of the General Land Office for approval. 
 
LAND OFFICE REGULATIONS 273 
 
 118. The surveyors-general have authority to suspend or re- 
 voke the commissions of mineral surveyors for cause. Before 
 final action, however, the matter should be submitted to the 
 Commissioner of the General Land Office for approval. 
 
 119. Such surveyors will be allowed the right of appeal from 
 the action of the surveyor-general in the usual manner. Such 
 appeal should be filed with the surveyor-general, who will at 
 once transmit the same, with a full report, to the General Land 
 Office. 
 
 120. Neither the surveyor-general nor the Commissioner of 
 the General Land Office has jurisdiction to settle differences, 
 relative to the payment of charges for field work, between min- 
 eral surveyors and claimants. These are matters of private con- 
 tract and must be enforced in the ordinary manner, i. e., in the 
 local courts. The Department has, however, authority to in- 
 vestigate charges affecting the official actions of mineral sur- 
 veyors, and will, on sufficient cause shown, suspend or revoke 
 their appointment. 
 
 121. The surveyors-general should appoint as many competent 
 mineral surveyors as apply for appointment, in order that 
 claimants may have a choice of surveyors, and be enabled to 
 have their work done on the most advantageous terms. 
 
 122. The schedule of charges for office work should be as low 
 as is possible. No additional charges should be made for orders 
 for amended surveys, unless the necessity therefor is clearly 
 the fault of the claimant, or considerable additional office work 
 results therefrom. 
 
 123. [Omitted.] 
 
 124. Mineral surveyors will address all official communications 
 to the surveyor-general. They will, when a mining claim is 
 the subject of correspondence, give the name and survey num- 
 ber. In replying to letters they will give the subject-matter and 
 date of the letter. They will prompty notify the surveyor- 
 general of any change in post-office address. 
 
 125. Mineral surveyors should keep a complete record of each 
 survey made by them and the facts coming to their knowledge 
 at the time, as well as copies of all their field notes, reports, 
 and official correspondence, in order that such evidence may 
 
274 MINING LAW 
 
 be readily produced when called for at any future time. Field 
 notes and other reports must be written in a clear and legible 
 hand or typewritten, in noncopying ink, and upon the proper 
 blanks furnished gratuitously by the surveyor-general's office 
 upon application therefor. No interlineations or erasures will 
 be allowed. 
 
 126. No return by a mineral surveyor will be recognized as 
 official unless it is over his signature as a United States min- 
 eral surveyor, and made in pursuance of a special order from 
 the surveyor-general's office. After he has received an order for 
 survey he is required to make the survey and return correct 
 field notes thereof to the surveyor-general's office without delay. 
 
 127. The claimant is required, in all cases, to make satisfac- 
 tory arrangements with the surveyor for the payment for his 
 services and those of his assistants in making the survey, as 
 the United States will not be held responsible for the same. 
 
 128. A mineral surveyor is precluded from acting, either 
 directly or indirectly, as attorney in mineral claims. His duty 
 in any particular case ceases when he has executed the survey 
 and returned the field notes and preliminary plat, with his 
 report, to the surveyor-general. He will not be allowed to pre- 
 pare for the mining claimant the papers in support of his appli- 
 cation for patent, or otherwise perform the duties of an attorney 
 before the land office in connection with a mining claim. He 
 is not permitted to combine the duties of surveyor and notary 
 public in the same case by administering oaths to the parties 
 in interest. It is preferable that both preliminary and final 
 oaths of assistants should be taken before some officer duly au- 
 thorized to administer oaths, other than the mineral surveyor. 
 In cases, however, where great delay, expense, or inconvenience 
 would result from a strict compliance with this rule, the min- 
 eral surveyor is authorized to administer the necessary oaths 
 to his assistants, but in each case where this is done, he will 
 submit to the proper surveyor-general a full written report of 
 the circumstances which required his stated action; otherwise 
 he must have absolutely nothing to do with the case, except in 
 his official capacity as surveyor. He will not employ chainmen 
 interested therein in any manner. 
 
LAND OFFICE REGULATIONS 275 
 
 METHODS OP SURVEY. 
 
 129. The survey made and returned must, in every case, be 
 an actual survey on the ground in full detail, made by the min- 
 eral surveyor in person after the receipt of the order, and 
 without reference to any knowledge he may have previously 
 acquired by reason of having made the location survey or other- 
 wise, and must show the actual facts existing at the time. 
 This precludes him from calculating the connections to corners 
 of the public survey and location monuments, or any other lines 
 of his survey through prior surveys made by others and substi- 
 tuting the same for connections or lines of the survey returned 
 by him. The term survey in this paragraph applies not only 
 to the usual field work, but also to the examinations required 
 for the preparation of affidavits of five hundred dollars ex- 
 penditure, descriptive reports on placer claims, and all other 
 reports. 
 
 130. The survey of a mining claim may consist of several con- 
 tiguous locations, but such survey must, in conformity with 
 statutory requirements, distinguish the several locations, and 
 exhibit the boundaries of each. The survey will be given but 
 one number. 
 
 131. The survey must be made in strict conformity with, or 
 be embraced within, the lines of the location upon which the 
 order is based. If the survey and location are identical, that 
 fact must be clearly and distinctly stated in the field notes. 
 If not identical, a bearing and distance must be given from 
 each established corner of survey to the corresponding corner 
 of the location, and the location corner must be fully described, 
 so that it can be identified. The lines of the location, as found 
 upon the ground, must be laid down upon the preliminary plat 
 in such a manner as to contrast and show their relations to 
 the lines of survey. 
 
 132. In view of the principle that courses and distances must 
 give way when in conflict with fixed objects and monuments, 
 the surveyor will not, under any circumstances, change the 
 corners of the location for the purpose of making them conform 
 to the description in the record. If the difference from the loca- 
 tion be slight, it may be explained in the field notes. 
 
276 MINING LAW 
 
 133. No mining claim located subsequent to May 10, 1872, 
 should exceed the statutory limit in width on each side of the 
 center of vein or 1,500 feet in length, and all surveys must 
 close within 50-100 feet in 1,000 feet, and the error must not 
 be such as to make the location exceed the statutory limit, and 
 in absence of other proof the discovery point is held the be 
 the center of the vein on the surface. The course and length 
 of the vein should be marked upon the plat. 
 
 134. All mineral surveys must be made with a transit, with 
 or without solar attachment, by which the meridian can be 
 determined independently of the magnetic needle, and all courses 
 must be referred to the true meridian. The variation should 
 be noted at each corner of the survey. The true course of at 
 least one line of each survey must tie ascertained by astronom- 
 ical observations made at the time of the survey; the data for 
 determining the same and details as to how these data were 
 arrived at must be given. Or, in lieu of the foregoing, the sur- 
 vey must be connected with some line the true course of which 
 has been previously established beyond question, and in a sim- 
 ilar manner, and, when such lines exist, it is desirable in all 
 cases that they should be used as a proof of the accuracy of 
 subsequent work. 
 
 135. Corner No. 1 of each location embraced in a survey 
 must be connected by course and distance with nearest corner 
 of the public survey or with a United States location monument, 
 if the claim lies within two miles of such corner or monument. 
 If both are within the required distance, the connection must 
 be with the corner of the public survey. 
 
 136. Surveys and connections of mineral claims may be made 
 in suspended townships in the same manner as though the 
 claims were upon unsurveyed land, except as hereinafter speci- 
 fied, by connecting them with independent mineral monuments. 
 At the same time, the position of any public-land corner which 
 may be found in the neighborhood of the claim should be noted, 
 so that, in case of the release of the township from suspension, 
 the position of the claim can be shown on the plat. 
 
 137. A mineral survey must not be returned with its con- 
 nection made only with a corner of the public survey, where 
 
LAND OFFICE REGULATIONS 277 
 
 the survey of the township within which it is situated is under 
 suspension, nor connected with a mineral monument alone, 
 when situated within the limits of a township the regularity 
 and correctness of the survey of which is unquestioned. 
 
 138. In making an official survey, corner No. 1 of each location 
 must be established at the corner nearest the corner of the 
 public survey or location monument, unless good cause is shown 
 for its being placed otherwise. If connections are given to both 
 a corner of the public survey and location monument, corners 
 Nos. 1 should be placed at the corner nearest the corner of the 
 public survey. When a boundary line of a claim intersects a 
 section line, courses and distances from point of intersection to 
 the Government corners at each end of the half mile of section 
 line so intersected must be given. 
 
 139. In case a survey is situated in a district where there are 
 no corners of the public survey and no monuments within the 
 prescribed limits, a mineral monument must be established, in 
 the location of which the greatest care must be exercised to 
 insure permanency as to site and construction. 
 
 140. The site, when practicable, should be some prominent 
 point, visible for a long distance from every direction, and 
 should be so chosen that the permanency of the monument will 
 not be endangered by snow, rock, or landslides, or other natural 
 causes. 
 
 141. The monument should consist of a stone not less than 
 30 inches long, 20 inches wide, and 6 inches thick, set halfway 
 in the ground, with a conical mound of stone 4 feet high and 
 6 fe§t base alongside. The letters U. S. L. M., followed by the 
 consecutive number of the monument in the district, must be 
 plainly chiseled upon the stone. If impracticable to obtain a 
 stone of required dimensions, ' then a post 8 feet long, 6 inches 
 square, set 3 feet in the ground, scribed as for a stone monu- 
 ment, protected by a well-built conical mound of stone of not 
 less than 3 feet high and 6 feet base around it, may be used. 
 The exact point for connection must be indicated on the monu- 
 ment by an X chiseled thereon; if a post is used, then a tack 
 must be driven into the post to indicate the point. 
 
 142. From the monument, connections by course and dis- 
 
278 MINING LAW 
 
 tance must be taken to two or three bearing trees or rocks, and 
 to any well-known and permanent objects in the vicinity, such 
 as the confluence of streams, prominent rocks, buildings, shafts, 
 or mouths of adits. Bearing trees must be properly scribed 
 B. T. and bearing rocks chiseled B. R., together with the num- 
 ber of the location monument; the exact point on the tree or 
 stone to which the connection is taken should be indicated by 
 a cross or other unmistakable mark. Bearings should also be 
 taken to prominent mountain peaks, and the approximate dis- 
 tance and direction ascertained from the nearest town or min- 
 ing camp. A detailed description of the locating monument, 
 with a topographical map of its location, should be furnished 
 the office of the surveyor-general by the surveyor. 
 
 143. Corners may consist of — 
 
 First. — A stone at least 24 inches long set 12 inches in the 
 ground, with a conical mound of stone 1% feet high, 2 feet 
 base, alongside. 
 
 Second. — A post at least 3 feet long by 4 inches square, set 18 
 inches in the ground and surrounded by a substantial mound 
 of stone or earth. 
 
 Third. — A rock in place. 
 
 A stone should always be used for a corner when possible, and 
 when so used the kind should be stated. 
 
 144. All corners must be established in a permanent and 
 workmanlike manner, and the corner and survey number must 
 be neatly chiseled or scribed on the sides facing the claim. The 
 exact corner point must be permanently indicated on the corner. 
 When a rock in place is used, its dimensions above ground 
 must be stated and a cross chiseled at the exact corner point. 
 
 145. In case the point for the corner be inaccessible or un- 
 suitable a witness corner, which must be marked with the let- 
 ters W. C. in addition to the corner and survey number, should 
 be established. The witness corner should be located upon a 
 line of the survey and as near as possible to the true corner, 
 with which is must be connected by course and distance. The 
 reason why it is impossible or impracticable to establish the 
 true corner must always be stated in the field notes, and in 
 
LAND OFFICE REGULATIONS 279 
 
 running the next course it should be stated whether the start 
 is made from the true place for corner or from witness corner. 
 
 146. The identity of all corners should be perpetuated by 
 taking courses and distances to bearing trees, rocks, and other 
 objects, as prescribed in the establishment of location monu- 
 ments, and when no bearings are given it should be stated that 
 no bearings are available. Permanent objects should be selected 
 for bearings whenever possible. 
 
 147. If an official mineral survey has been made in the vi- 
 cinity, within a reasonable distance, a further connecting line 
 should be run to some corner thereof; and in like manner all 
 conflicting surveys and locations should be so connected, and 
 the corner with which connection is made in each case described. 
 Such connections will be made and conflicts shown according to 
 the boundaries of the neighboring or conflicting claims as each 
 is marked, defined, and actually established upon the ground. 
 The mineral surveyor will fully and specifically state in his 
 return how and by what visible evidences he was able to identify 
 on the ground the several conflicting surveys and those which 
 appear according to their returned tie or boundary lines to 
 
 conflict, if they were so identified, and report errors or discrep- 
 ancies found by him in any such surveys. In the survey of con- 
 tiguous claims which constitute a consolidated group, where cor- 
 ners are common, bearings should be mentioned but once. 
 
 148. The mineral surveyor should note carefully all topo- 
 graphical features of the claim, taking distances on his lines 
 to intersections with all streams, gulches, ditches, ravines, moun- 
 tain ridges, roads, trails, etc., with their widths, courses, and 
 other data that may be required to map them correctly. All 
 municipal or private improvements, such as blocks, streets, and 
 buildings, should be located. 
 
 149. If, in running the exterior lines of a claim, the survey 
 is found to conflict with the survey of another claim, the dis- 
 tances to the points of intersection, and the courses and dis- 
 tances along the line intersected from an established corner of 
 such conflicting claim to such point of intersection, should be 
 described in the field notes: Provided, That where a corner of 
 
280 MINING LAW 
 
 the conflicting survey falls within the claim being surveyed, 
 such corner should be selected from which to give the bearing, 
 otherwise the corner nearest the intersection should be taken. 
 The same rule should govern in the survey of claims embracing 
 two or more locations the lines of which intersect. 
 
 150. A lode and mill-site claim in one survey will be distin- 
 guished by the letters A and B following the number of the 
 survey. The corners of the mill site will be numbered independ- 
 ently of those of the lode. Corner No. 1 of the mill site must be 
 connected with a corner of the lode claim as well as with a 
 corner of the public survey or United States location monument. 
 
 151. When a placer claim includes lodes, or when several con- 
 tiguous placer or lode locations are included as one claim in one 
 survey, there must be given to the corners of each location con- 
 stituting the same a separate consecutive numerical designation, 
 beginning with corner No. 1 in each case. 
 
 152. Throughout the description of the survey, after each ref- 
 erence to the lines or corners of a location, the name thereof 
 must be given, and if unsurveyed, the fact stated. If reference 
 is made to a location included in a prior official survey, the 
 survey number must be given, followed by the name of the loca- 
 tion. Corners should be described once only. 
 
 153. The total area of each location and also the area in con- 
 flict with each intersection survey or claim should be stated. 
 But when locations embraced in one survey conflict with each 
 other such conflicts should only be stated in connection with the 
 location from which the conflicting area is excluded. 
 
 154. It should be stated particularly whether the claim is upon 
 surveyed or unsurveyed public lands, giving in the former case 
 the quarter section, township, and range in which it is located, 
 and the section lines should be indicated by full lines and. the 
 quarter-section lines by dotted lines. 
 
 155. The title-page of the field notes must contain the post- 
 office address of the claimant or his authorized agent. 
 
 156. In the mineral surveyor's report of the value of the im- 
 provements all actual expenditures and mining improvements 
 made by the claimant or his grantors, having a direct relation to 
 
LAND OFFICE REGULATIONS 281 
 
 the development of the claim, must be included in the estimate. 
 
 157. The expenditures required may be made from the surface 
 or in running a tunnel, drifts, or cross-cuts for the development 
 of the claim. Improvements of any other character, such as 
 buildings, machinery, or roadways, must be excluded from the 
 estimate, unless it is shown clearly that they are associated with 
 actual excavations, such as cuts, tunnels, shafts, etc., are essen- 
 tial to the practical development of and actually facilitate the 
 extraction of mineral from the claim. 
 
 158. All mining and other improvements claimed will be lo- 
 cated by courses and distances from corners of the survey, or 
 from points on the center or side lines, specifying with particu- 
 larity and detail the dimensions and character of each, and the 
 improvements upon each location should be numbered consecu- 
 tively, the point of discovery being always No. 1. Improvements 
 made by a former locator who has abandoned his claim can not 
 be included in the estimate, but should be described and located 
 in the notes and plat. 
 
 159. In case of a lode and mill-site claim in the same survey 
 the expenditure of five hundred dollars must be shown upon the 
 lode claim. 
 
 160. If the value of the labor and improvements upon a min- 
 eral claim is less than five hundred dollars at the time of survey, 
 the mineral surveyor may file with the surveyor-general supple- 
 mental proof showing five hundred dollars expenditure made 
 prior to the expiration of the period of publication. 
 
 161. The mineral surveyor will return with his field notes a 
 preliminary plat on blank sent to him for that purpose, pro- 
 tracted on a scale of two hundred feet to an inch, if practicable. 
 In preparing plats the top is north. Copy of the calculations of 
 areas by double meridian distances and of all triangulations or 
 traverse lines must be furnished. The lines of the claim sur- 
 veyed should be heavier than the lines of conflicting claims. 
 
 162. Whenever a survey has been reported in error the sur- 
 veyor who made it will be required to promptly make a thor- 
 ough examination upon the premises and report the result, under 
 oath, to the surveyor-general's office. In case he finds his survey 
 
282 MINING LAW 
 
 in error he will report in detail all discrepancies with the original 
 survey and submit any explanation he may have to offer as to 
 the cause. If, on the contrary, he should report his survey cor- 
 rect, a joint survey will be ordered to settle the differences with 
 the surveyor who reported the error. A joint survey must be 
 made within ten days after the date of order unless satisfactory 
 reasons are submitted, under oath, for a postponement. The 
 field work must in every sense of the term be a joint and not a 
 separate survey, and the observations and measurements taken 
 with the same instrument and chain, previously tested and agreed 
 upon. 
 
 163. The mineral surveyor found in error, or, if both are in 
 error, the one who reported the same, will make out the field 
 notes of the joint survey, which, after being duly signed and 
 sworn to by both parties, must be transmitted to the surveyor- 
 general's office. 
 
 164. Inasmuch as amended surveys are ordered only by special 
 instructions from the General Land Office, and the conditions and 
 circumstances peculiar to each separate case and the objects 
 sought by the required amendment, alone govern all special mat- 
 ters relative to the manner of making such survey and the form 
 and subject-matter to be embraced in the field notes thereof, but 
 few general rules applicable to all cases can be laid down. 
 
 165. The amended survey must be made in strict conformity 
 with, or be embraced within, the lines of the original survey. If 
 the amended and original surveys are identical, that fact must 
 be clearly and distinctly stated in the field notes. If not identical, 
 a bearing and distance must be given from each established 
 corner of the amended survey to the corresponding corner of the 
 original survey. The lines of the original survey, as found upon 
 the ground, must be laid down upon the preliminary plat in such 
 manner as to contrast and show their relation to the lines of 
 the amended survey. 
 
 166. The field notes of the amended survey must be prepared 
 on the same size and form of blanks as are the field notes of the 
 original survey, and the word "amended" must be used before 
 the word "survey" wherever it occurs in the field notes. 
 
LAND OFFICE REGULATIONS 283 
 
 167. Mineral surveyors are required to make full examinations 
 of all placer claims at the time of survey and file with the field 
 notes a descriptive report, in which will be described — 
 
 (a) The quality and composition of the soil, and the kind and 
 amount of timber and other vegetation. 
 
 (&) The locus and size of streams, and such other matters as 
 may appear upon the surface of the claims. 
 
 (c) The character and extent of all surface and underground 
 workings, whether placer or lode, for mining purposes, locating 
 and describing them. 
 
 (d) The proximity of centers of trade or residence. 
 
 (e) The proximity of well-known systems of lode deposits or 
 of individual lodes. 
 
 (f) The use or adaptability of the claim for placer mining, 
 and whether water has been brought upon it in sufficient quantity 
 to mine the same, or whether it can be procured for that purpose. 
 
 (g) What works or expenditures have been made by the claim- 
 ant or his grantors for the development of the claim, and their 
 situation and location with respect to the same as applied for. 
 
 (ft) The true situation of all mines, salt licks, salt springs, 
 and mill sites which come to the surveyor's knowledge, or a re- 
 port by him that none exist on the claim, as the facts may war- 
 rant. 
 
 (i) Said report must be made under oath and duly corrob- 
 orated by one or more disinterested persons. 
 
 168. The employing of claimants, their attorneys, or parties in 
 interest, as assistants in making surveys of mineral claims will 
 not be allowed. 
 
 169. The field work must be accurately and properly performed 
 and returns made in conformity with the foregoing instructions. 
 Errors in the survey must be corrected at the surveyor's own 
 expense, and if the time required in the examination of the re- 
 turns is increased by reason of neglect or carelessness, he will 
 be required to make an additional deposit for office work. He 
 will be held to a strict accountability for the faithful discharge 
 of his duties, and will be required to observe fully the require- 
 ments and regulations in force as to making mineral surveys. 
 If found incompetent as a surveyor, careless in the discharge of 
 
284 MINING LAW 
 
 his duties, or guilty of a violation of said regulations, his ap- 
 pointment will be promptly revoked. 
 
 S. V. Pboudfit, 
 Approved March 29, 1909. Acting Commissioner. 
 
 R. A. Baixingeb, 
 
 Secretary. 
 
 No additional regulations have been issued or changes made 
 to March 4, 1911. 
 
APPENDIX C 
 
 OFFICES OF SURVEYORS-GENERAL 
 
 Alaska Juneau 
 
 Arizona Tucson 
 
 California ■. . San Francisco 
 
 - Colorado Denver 
 
 Idaho Boise City 
 
 Montana . , Helena 
 
 Nevada Reno 
 
 New Mexico Santa Fe 
 
 Oregon Portland 
 
 South Dakota Huron 
 
 Utah Salt Lake City 
 
 Washington Olympia 
 
 Wyoming Cheyenne 
 
 285 
 
286 MINING LAW 
 
 Manual of Instructions for the Survey of the Mineral 
 Lands of the United States 
 
 Department of the Interior, 
 
 General Land Office, 
 Washington, D. C, September 11, 1908. 
 To United States Mineral Surveyors. 
 
 Sirs: These regulations are chiefly compiled from the practice 
 of the various surveying districts, no changes or additions being 
 made, except where necessary to secure uniformity and to con- 
 form to present interpretations of the law. 
 
 You are expected to strictly comply with these instructions, 
 and no survey will he accepted or approved by the surveyor- 
 general until all the requirements herein have been fully met. 
 Very respectfully, 
 
 Fred Dennett, 
 
 Commissioner. 
 Approved, October 6, 1908. 
 Frank Pierce, 
 
 First Assistant Secretary. 
 
 GENERAL INFORMATION 
 
 APPOINTMENTS 
 
 1. Under section 2334, United States Revised Statutes, the 
 United States surveyor-general "may appoint in each land dis- 
 trict containing mineral lands as many competent surveyors as 
 shall apply for appointment to survey mining claims." 
 
 2. Capable persons desiring such appointments should there- 
 
INSTRUCTIONS FOR SURVEYS 287 
 
 fore file their applications with the surveyor-general for the dis- 
 trict wherein appointment is asked, who will furnish all informa- 
 tion necessary. 
 
 3. Mineral surveyors may, at the same time, be appointed in 
 more than one State or land district. (20 L. D., 163.) 
 
 4. The surveyors-general have authority to suspend or revoke 
 the appointments of mineral surveyors for cause. The surveyors, 
 however, will be allowed the right of appeal from the action of 
 the surveyor-general in the usual manner. The appeal must be 
 filed with the surveyor-general, who will at once transmit the 
 same, with a full report, to the General Land Office. (20 L. D., 
 283.) 
 
 5. Neither the surveyor-general nor the Commissioner of the 
 General Land Office has jurisdiction to settle differences, relative 
 to the payment of charges for field work, between mineral sur- 
 veyors and claimants. These are matters of private contract and 
 must be enforced in the ordinary manner, i. e., in the local courts. 
 The department has, however, authority to investigate charges 
 affecting the official actions of mineral surveyors, including com- 
 binations to fix prices for survey work, and will, on sufficient 
 cause shown, suspend or revoke the appointment of the surveyor. 
 
 6. Where error in the original survey appears to be the fault 
 of the mineral surveyor who made the survey, he should be re- 
 quired to make the necessary corrections in the field as speedily 
 as practicable; and upon his failure or refusal, without satis- 
 factory reason, to comply with instructions within a specified 
 time, he should be called upon to show why his appointment 
 should not be suspended or revoked for willful neglect or incom- 
 petency. In the event he fails or refuses to comply with the 
 instructions, the mineral claimant will be notified and given a 
 reasonable time to apply for an amended survey. 
 
 1. These instructions are subject to the limitations of section 
 2324, United States Revised Statutes, so far as the same refers 
 to local laws and customs. 
 
 8. The Commissioner of the General Land office is ex-officio 
 United States surveyor-general for Arkansas and Florida, and 
 all surveys in Oklahoma are made under his direction as Com- 
 missioner. 
 
28S MINING LAW 
 
 9. All bonds of mineral surveyors must be submitted to the 
 Commissioner of the General Land Office for approval. 
 
 10. The appointment of a mineral surveyor is not for any fixed 
 period, the continuation thereof depending upon the character of 
 the service rendered. The surveyor-general will, therefore, not 
 appoint mineral surveyors for a specified term. While under 
 the act of March 2, 1895 (28 Stat., 807), mineral surveyors' bonds 
 are examined every two years as to their sufficiency, and new 
 bonds required every four years from their dates, the latter re- 
 quirement is not because the term has then expired. 
 
 11. A mineral surveyor is not authorized to perform any work 
 under his appointment until his official bond shall have been 
 accepted by the Commissioner of the General Land Office. The 
 bond shall be in a sum not less than $5000, and will become 
 effective and the liability of the principal and surety will begin 
 with the acceptance of the bond by the Commissioner. 
 
 12. Bonds can not be canceled, nor can the surety thereto with- 
 draw, to the extent of relieving the surety of liability for defaults 
 during the time the principal performed his duties thereunder. 
 The most that may be done is to relieve the surety of future re- 
 sponsibility by requiring a new bond, or by the retirement from 
 office of the principal, by formal notice from the Commissioner 
 of the General Land Office. 
 
 13. Mineral surveyors' bonds will be examined every two years 
 by the surveyor-general as to their sufficiency, and every four 
 years such bonds shall be renewed as provided by the act of 
 March 2, 1895 (28 Stat, 807). Only corporate sureties will be 
 accepted. 
 
 14. If at any time the surveyor-general deems the surety on a 
 bond insufficient, he will report the matter to the Commissioner 
 of the General Land Office for instructions, notifying the min- 
 eral surveyor of his action, and the mineral surveyor will be 
 required to renew his bond within sixty days under penalty -of 
 revocation of his appointment, unless satisfactory explanation of 
 delay is offered therefor. Unsatisfactory service, also, will be 
 deemed sufficient cause for a revocation of an appointment, but 
 
INSTRUCTIONS FOR SURVEYS 289 
 
 the surveyor-general's action therein, subject to appeal, will re- 
 quire the approval of the Commissioner of the General Land 
 Office. 
 
 . 15. The acceptance of a bond will be based upon an evident 
 desirability or necessity therefor, and, prior to an acceptance of 
 such bond, the principal will be required to make satisfactory 
 explanation to the surveyor-general, supporting his tender of 
 same. 
 
 INSTRUCTIONS TO MINERAL SURVEYORS 
 
 GENERAL 
 
 1. All official communications must be addressed to the sur- 
 veyor-general* You will always refer to the date and subject- 
 matter of the letter to which you reply, and when a mineral 
 claim is the subject of correspondence, you will give the name 
 and survey number. 
 
 2. You should keep a complete record of each survey made by 
 you, and of the facts coming to your knowledge at the time, as 
 well as copies of all your field notes, reports, and official cor- 
 respondence, in order that such evidence may be readily pro- 
 duced when called for at any future time. 
 
 3. Field notes and other reports must be written in a clear and 
 legible hand or typewritten, in noncopying ink, and upon the 
 proper blanks gratuitously furnished you by the surveyor-gen- 
 eral's office upon application. No interlineations or erasures will 
 be allowed, and no abbreviations or symbols must be used, except 
 such as are indicated in the specimen field notes. 
 
 4. No return by you will be recognized as official unless it is 
 over your signature as a United States mineral surveyor and 
 made in pursuance of a special order from the surveyor-general's 
 office. After you have received an order for survey, you are re- 
 quired to make the survey and return correct field notes thereof 
 to the surveyor-general's office without delay. 
 
 5. The claimant is required, in all cases, to make satisfactory 
 
 *For list of offices of surveyors-general in mining districts, 
 see page 285. 
 
290 MINING LAW 
 
 arrangements with you for the payment for your services and 
 those of your assistants in making the survey, as the United 
 States will not be held responsible for the same. You will call 
 the attention of applicants for mineral-survey orders to the re- 
 quirements of paragraph 12 of the circular, page 309. (Sec. 
 2334, U. S. Rev. Stats., par. 90, Mining Circular, May 21, 1907.) 
 
 6 You will promptly notify the surveyor-general's office of any 
 change in your post-office address. (20 L. D., 163.) 
 
 7. You are precluded from acting, either directly or indirectly, 
 as attorney in mineral claims. Your duty in any particular case 
 ceases when you have executed the survey and returned the field 
 notes and preliminary plat, with your report, to the surveyor- 
 general. You will not be allowed to prepare for the mining 
 claimant the papers in support of his application for patent, or 
 otherwise perform the duties of an attorney before the land 
 office in connection with a mining claim. You are not permitted 
 to combine the duties of surveyor and notary public in the same 
 case by administering oaths to the parties in interest. It is 
 preferable that both preliminary and final oaths of assistants 
 should be taken before some officer duly authorized to administer 
 oaths, other than the mineral surveyor. In cases, however, where 
 great delay, expense, or inconvenience would result from a strict 
 compliance with this rule, you are authorized to administer the 
 necessary oaths to your assistants, but in each case where this 
 is done, you will submit to the proper surveyor-general a full 
 written report of the circumstances which required your stated 
 action; otherwise you must have absolutely nothing to do with 
 the case, except in your official capacity as surveyor. 
 
 THE FIELD WORK 
 
 8. The survey made and reported must, in every case, be an 
 actual survey on the ground in full detail, made by you in per- 
 son after the receipt of the order, and without reference to any 
 knowledge you may have previously acquired by reason of hav- 
 ing made the location survey or otherwise, and must show the 
 actual facts existing at the time. This precludes you from cal- 
 culating the connections to corners of the public survey and min- 
 eral monuments, or any other lines of your survey through prior 
 
INSTRUCTIONS FOR SURVEYS 291 
 
 surveys, unless it is satisfactorily shown in your report that you 
 have retraced such lines and found them to be correct. (6 L. D., 
 718; 7 L. D., 81.) 
 
 The term survey in these instructions applies not only to the 
 usual fieldwork, but also to the examinations required for the 
 preparation of your affidavits of $500 expenditure, descriptive 
 reports on placer claims, and all other reports. 
 
 SURVEY AND LOCATION 
 
 9. The survey of a mining claim may include several contiguous 
 locations owned in common, but such survey must, in conformity 
 with statutory requirements, distinguish the several locations, 
 and exhibit the boundaries of each. (5 L. D., 199; 6 L. D., 808; 
 29 L. D., 585.) 
 
 10. The survey must be made in strict conformity with, or be 
 embraced within, the lines of the location upon which the order 
 is based. If the survey and location are identical, that fact must 
 be clearly and distinctly stated in your field notes. If not 
 identical, a bearing and distance must be given from each es- 
 tablished corner of the survey to the corresponding corner of the 
 location, and the location corner must be fully described, so that 
 it can be identified. The lines of the location, as found upon the 
 ground, must be laid down upon the preliminary plat in such a 
 manner as to contrast and show their relation to the lines of 
 survey. (1 L. D., 581.) 
 
 The survey will be given but one number. A location under 
 the mining laws can legally be made only of a tract or piece of 
 land embraced within one set of boundary lines ; and two or more 
 tracts merely cornering with each other can not legally be em- 
 braced in a single location. (33 L. D., 560; 35 L. D., 485.) 
 
 11. In accordance with the principle that courses and distances 
 must give way when in conflict with fixed objects and monu- 
 ments, you will not under any circumstances change the corners 
 of the location for the purpose of making them conform to the 
 description in the record. If the difference from the location be 
 slight, it may be explained in the field notes. 
 
 The act of Congress of May 10, 1872, expressly provides that 
 "the location must be distinctly marked upon the ground so that 
 
292 MINING LAW 
 
 its boundaries can be readily traced," and "that all records of 
 mining claims hereafter made shall contain the name or names 
 of the locators, the date of the location, and such a description 
 of the claim or claims located, by reference to some natural 
 object or permanent monument, as will identify the claim." 
 (Sec. 2324, U. S. Rev. Stats.) 
 
 These provisions of the law must be strictly complied with in 
 each case to entitle the claimant to a survey and patent, and, 
 therefore, should a. claimant under a location made subsequent 
 to the passage of the act of May 10, 1872, who has not complied 
 with said requirements in regard to marking the location upon 
 the ground and recording the same, apply for a survey, you will 
 decline to make it. (1 L. D., 581.) You will then report the 
 facts to the surveyor-general and await further instructions. 
 
 Should the survey be applied for under a location made prior 
 to May 10, 1872, under section 2332, United States Revised Stat- 
 utes, in making the survey thereof you will be governed by the 
 special instructions accompanying the order for survey. 
 
 No mining claim located subsequent to May 10, 1872, should 
 exceed the statutory limit in width on each side of the centre 
 of vein, or 1,500 feet in length, and all surveys must close with- 
 in 50 to 100 feet in 1,000 feet, and the error must not be such 
 as to make the location exceed the statutory limit; and in absence 
 of other proof the discovery point is held to be the centre of the 
 vein on the surface. The course and length of the vein should 
 be marked upon the plat and specifically described in the field 
 notes. 
 
 LODE LINE AND END LINES 
 
 It was held (syllabus) in 35 L. D., 22, that — 
 
 There is no warrant" in the mining laws for extending, arbi- 
 trarily and without any basis of fact therefor, the vein or lode 
 line of a location in an irregular and zigzag manner for the pur- 
 pose of controlling the length or situation of the exterior lines 
 of the location to suit the convenience, real or imagined, of the 
 locator. 
 
 The end lines of a lode location must be straight and parallel 
 to each other and when at right angles with the side lines may 
 not exceed six hundred feet in length. 
 
 The mining law contemplate^ that the end lines of a lode claim 
 
INSTRUCTIONS FOR SURVEYS 293 
 
 shall have substantial existence in fact, and in length shall rea- 
 sonably comport with the width of the claim as located. 
 
 INSTRUMENT 
 
 12. All mineral surveys must be made with a transit, either 
 with or without a solar attachment, by which the meridian can 
 be determined independently of the magnetic needle, and all 
 courses must be referred to the true meridian. The variation 
 should be noted at each corner of the survey. 
 
 THE TRUE MERIDIAN 
 
 13. The true course of at least one line of each survey must 
 be ascertained by astronomical observations, i. e., either Polaris 
 or sun observations, made at the time of the survey; the data 
 for determining the same and details as to how these data were 
 arrived at must be given. Or, in lieu of the foregoing, the sur- 
 vey must be connected with some line the true course of which 
 has been previously established beyond question, and in a simi- 
 lar manner by yourself, and, when such lines exist, it is de- 
 sirable in all cases that they should be used as a proof of the 
 accuracy of subsequent work. In this connection you will be 
 governed by the instructions for methods of obtaining a true 
 meridian. 
 
 CONNECTIONS 
 
 14. Connect corner No. 1 of each location embraced in your 
 survey by course and distance with nearest corner of the public 
 survey or with a United States mineral monument if the claim 
 lies within 2 miles of such corner or monument. If both are 
 within the required distance, you must connect with the nearest 
 corner of the public survey. (7 L. D., 475; paragraph 36, Mining 
 Circular, May 21, 1907.) 
 
 (a) You will make surveys and connections of mineral claims 
 in suspended townships, so long as they remain suspended, in 
 the same manner as though the claims were upon unsurveyed 
 land, except as hereinbefore specified, by connecting them with 
 independent mineral monuments. At the same time you mil 
 note the position of any •public land corner which may be found 
 in the neighborhood of the claim, so that, in case of the release 
 
294 MINING LAW 
 
 of the township plat from suspension, the position of the claim 
 can be shown on the plat. 
 
 (6) A mineral survey must not be returned with its connec- 
 tion made only with a corner of the public survey, where the 
 survey of the township within which it is situated is under 
 suspension, nor connected with a mineral monument alone when 
 situated within the limits of a township or within 2 miles of 
 a corner thereof the regularity and correctness of the survey 
 of which is unquestioned. 
 
 If a mining claim is situated within the limits of a township, 
 the regularity and correctness of the survey of which is unques- 
 tioned, but no corner of the public survey can be found within 
 2 miles of the claim after diligent search, connection may be 
 made with a mineral monument, the mineral monument to be 
 connected with a regularly established survey corner. 
 
 (c) In making an official survey hereafter you will establish 
 corner No. 1 of each location embraced in your survey at the 
 corner nearest the corner of the public survey or mineral monu- 
 ment, unless good cause is shown for its being placed other- 
 wise. If connections are given to both a corner of the public 
 survey and mineral monument, corners Nos. 1 should be placed 
 at the end nearest the corner of the public survey. 
 
 15. When a boundary line of a mineral claim intersects a 
 section line, give courses and distances from the points of inter- 
 section to the corners of the public surveys at each end of the 
 half mile of section line so intersected. 
 
 MINERAL. MONUMENTS 
 
 16. In case your survey is situated in a district where there 
 are no corners of the public survey and no monuments within 
 the prescribed limits, you will proceed to establish a mineral 
 monument, in the location of which you will exercise the great- 
 est care to insure permanency as to site and construction. 
 
 The site, when practicable, should be some prominent point, 
 visible for a long distance from every direction, and should be 
 so chosen that the permanency of the monument will not be 
 endangered by snow, rock or landslides, or other natural causes. 
 Its position with reference to latitude and longitude should be 
 
INSTRUCTIONS FOR SURVEYS 295 
 
 determined and stated as accurately as the instruments used 
 will permit. 
 
 17. The monument should consist of a stone not less than 30 
 inches long, 20 inches wide, and 6 inches thick, set halfway in 
 the ground, with a conical mound of stone 4 feet high and 6 
 feet hase alongside. The letters U.S.M.M., followed by the con- 
 secutive number of the monument in the district, must be plainly 
 chiseled upon the stone. If impracticable to obtain a stone of 
 required dimensions, then a post 8 feet long, 6 inches square, 
 set 3 feet in the ground, scribed as for a stone monument, pro- 
 tected by a well-built conical mound of stone of not less than 
 3 feet high and 6 feet base around it, may be used. The exact 
 point for connection must be indicated on the monument by a 
 + chiseled thereon; if a post is used, then a tack must be driven 
 into the post to indicate the point. Any necessary departure 
 from the prescribed material and size of monument must be 
 fully explained. 
 
 18. From the monument connections by course and distance 
 must be taken to two or three bearing trees or rocks, and to 
 any well-known and permanent objects in the vicinity, such 
 as the confluence of streams, prominent rocks, buildings, shafts, 
 or mouths of adits. Bearing trees must be properly scribed B T 
 and bearing rocks chiseled B R together with the number of 
 the mineral monument; the exact point on the tree or stone to 
 which the connection is taken should be indicated by a cross 
 or other unmistakable mark. Bearings should also be taken 
 to prominent mountain peaks, and the approximate distance and 
 direction ascertained from the nearest town or mining camp. 
 A detailed description of the mineral monument, with a topo- 
 graphical map of its location, should be furnished the General 
 Land Office. 
 
 Where practicable, it is desired that mineral surveyors con- 
 nect by course and distance with mineral monuments in the 
 vicinity other than those prescribed for connections as being 
 within the limitation of distance. The purpose of this is to 
 enable the General Land Office to locate the various mineral 
 monuments established and used prior to the extension of the 
 public subdivisional surveys over the land. 
 
296 MINING LAW 
 
 CORNERS 
 
 19. Corners may consist of — 
 
 (1) A stone at least 24 inches long set 12 inches in the ground, 
 with a conical mound of stone 1% feet high, 2 feet base, along- 
 side, and state \ kind of stone set for corner. A stone should 
 always be used for a corner when possible. 
 
 (2) A post at least 3 feet long by 4 inches square, set 18 
 inches in the ground and surrounded by a substantial mound of 
 stone or earth. 
 
 (3) A rock in place. 
 
 Should it become necessary to vary from these instructions, 
 your returns must contain a full statement of the reason for 
 establishing a corner differing from those prescribed. 
 
 20. All corners must be established in a permanent and work- 
 manlike manner, and the corner and survey number must be 
 neatly chiseled or scribed on the sides facing the claim. The 
 exact corner point must be permanently indicated on the corner. 
 When a rock in place is used its dimensions above ground must 
 be stated, and a cross chiseled at the exact corner point. 
 
 21. In case the point for the corner be inaccessbile or un- 
 suitable, you will establish a witness corner, which must be 
 marked with the latter W C in addition to the corner and survey 
 number. The witness corner should be located upon a line of 
 the survey and as near as possible to the true corner with 
 which it must be connected by course and distance. The reason 
 why it is impossible or impracticable to establish the true cor- 
 ner must always be stated in the field notes, and in running 
 your next course state whether you start from the true place 
 for corner or from witness corner. 
 
 22. The identity of all corners should be perpetuated by taking 
 courses and distances to bearing trees, rocks, and other objects, 
 as prescribed in the establishment of mineral monuments, and 
 when no bearings are given, state "no bearings available." Per- 
 manent objects should be selected for bearings whenever pos- 
 sible. 
 
 23. If an official mineral survey has been made in the vicinity, 
 within a reasonable distance, a further connecting line should 
 
INSTRUCTIONS FOR SURVEYS 297 
 
 be run to some corner thereof; and in like manner all conflict- 
 ing surveys and locations should be so connected, and the corner 
 with which connection is made in each case described. Such 
 connections will be made and conflicts shown according to the 
 boundaries of the neighboring or conflicting claims as each is 
 marked, defined, and actually established upon the ground. You 
 will fully and specifically state in your returns how and by 
 what visible evidences you were able to identify on the ground 
 the several conflicting surveys and those which appear accord- 
 ing to their returned tie or boundary lines to conflict, if they 
 were so identified, and report errors or discrepancies found by 
 you in any such surveys. In the survey of contiguous claims 
 which constitute a consolidated group, where corners are com- 
 mon, bearings should be mentioned but once. 
 
 Tubular iron posts with flaring base, cement core, and brass 
 cap for marking with steel stamps, have been adopted for agri- 
 cultural public-land-survey corners, and it is believed that, 
 wherever possible, the establishment of similar corners for min- 
 eral surveys would add greatly to the value of the survey made. 
 Such corners are identified at a glance, may be accurately set, 
 are difficult to move, easily found, and are indestructible. Their 
 use is recommended. 
 
 TOPOGRAPHY 
 
 24. Note carefully all topographical features of the claim, 
 taking distances on your lines to intersections with all streams, 
 gulches, ditches, ravines, mountain ridges, roads, trails, etc., 
 with their widths, courses, and other data that may be required 
 to map them correctly. If the claim lies within a townsite, 
 locate all municipal improvements, such as blocks, streets and 
 buildings. 
 
 CONFLICTS 
 
 25. If, in running the exterior lines of a claim, the survey is 
 found to conflict with the survey of another claim, the distance 
 to the points of intersection, and the courses and distances along 
 the line intersected from an established corner of such conflict- 
 ing claim to such points of intersection, should be described in 
 the field notes: Provided, That where a corner of the conflicting 
 
298 MINING LAW 
 
 survey falls within the claim being surveyed, such corner should 
 he selected from which to give the bearing, otherwise the corner 
 nearest the intersection should be taken. The same rule should 
 govern in the survey of claims embracing two or more locations 
 the lines of which intersect. 
 
 LODE AND MILLSITE 
 
 26. A lode and millsite claim in one survey will be distin- 
 guished by the letters A and B following the number of the 
 survey. The corners of the millsite will be numbered inde- 
 pendently of those of the lode. Corner No. 1 of the millsite 
 must be connected with a corner of the lode claim as well as 
 with a corner of the public survey or mineral monument. 
 
 FIELD NOTES 
 
 27. In order that the results of your survey may be reported 
 in a uniform manner, you will prepare your field notes and pre- 
 liminary plat in strict conformity with the specimen field notes 
 and plats, which are made part of these instructions. They are 
 designed to furnish you all the needed information concerning 
 the manner of describing the boundaries, corners, connections, 
 intersections, conflicts, and improvements, and stating the varia- 
 tion, area, location, and other data connected with the survey 
 of mineral claims, and certain forms of affidavits for the sur- 
 veyor and his assistants. 
 
 28. When a placer claim includes lodes, or when several con- 
 tiguous placer or lode locations are included as one claim in 
 one survey, you will give to the corners of each location con- 
 stituting the same a separate consecutive numerical designation, 
 beginning with corner No. 1 in each case. In the former case, 
 you will first describe the placer claim in your field notes. 
 
 29. Throughout the description of the survey, after each refer- 
 ence to the lines or corners of a location, give the name thereof, 
 and if unsurveyed state the fact. If reference is made to a 
 location included in a prior official survey, the survey number 
 must be given, followed by the name of the location. Describe 
 your corners once only. 
 
 30. The total area of each location in a group embraced by 
 
INSTRUCTIONS FOR SURVEYS 299 
 
 its exterior boundaries, and also the area in conflict with each 
 intersecting survey or claim, should be stated. The area claimed 
 will not be stated. But when locations of the survey conflict 
 with each other such conflicts should only be stated in connec- 
 tion with the location from which the conflicting area is ex- 
 cluded. 
 
 The field notes and plat of survey should not show exclusions, 
 or attempt to specify the net area of the claim. These are mat- 
 ters for the applicant to state in connection with his application 
 for patent, and the notices posted and published. The field 
 notes should merely show the total and net areas of conflict, 
 so that any exclusion desired may be readily made. 
 
 31. You will state particularly whether the claim is upon 
 surveyed or unsurveyed public lands, giving in the former case 
 the quarter sections, township, and range in which it is located, 
 and in the latter, the township and range as near as can be 
 determined. When upon surveyed lands the section lines should 
 be indicated by full lines and thQ quarter-section lines by dotted 
 lines. 
 
 32. The title page must contain the post-office address of the 
 claimant or his authorized agent. 
 
 EXPENDITURE OF $500 
 
 33. In making out your certificate of the value of the improve- 
 ments, you will follow the form prescribed in the specimen field 
 notes. 
 
 34. Only actual expenditures and mining improvements made 
 by the claimant or his grantors, having a direct relation to the 
 development of the claim, can be included in your estimate. 
 "Labor or improvements, within the meaning of the statute, 
 are deemed to have been had on a mining claim, whether it 
 consists of one location or several, when the labor is performed 
 or the improvements are made for its development, that is, to 
 facilitate the extraction of the metals it may contain." (6 L. D., 
 222.) 
 
 35. The expenditures required may be made from the surface 
 or in running a tunnel, drifts, or cross-cuts, for the development 
 of the claim. Improvements of any other character, such as 
 
300 MINING LAW 
 
 buildings, machinery, or roadways, must be excluded from your 
 estimate unless you show clearly that they are associated with 
 actual excavations, such as cuts, tunnels, shafts, etc., are essen- 
 tial to the practical development of, and actually facilitate the 
 extraction of mineral from the claim. 
 
 36. You will locate all mining and other improvements upon 
 the claim by courses and distances from corners of the survey, 
 or from points on the indicated lode line, or side lines, specify- 
 ing with particularity and detail the dimensions and character 
 of each, and the improvements upon each location should be 
 numbered consecutively, the point of discovery being always 
 No. 1. Improvements made by a former locator, who has aban- 
 doned his claim, can not be included in the estimate, but should 
 be described and located by separate statement, in the notes 
 and on the plat. 
 
 37. You will give in detail the value of each mining improve- 
 ment included in your estimate of expenditures, and when a 
 tunnel or other improvement has been made for the development 
 of other claims in connection with the one for which survey 
 is made, you must give the name, ownership, and survey num- 
 ber, if any, of each claim to be credited, and the value of the 
 interest credited to each claim. 
 
 38. In case of a lode and mill site in the same survey, an 
 expenditure of $500 is required to be shown upon the lode claim 
 only. 
 
 COMMON IMPROVEMENTS, ETC. 
 
 39. When a survey embraces several locations held in common 
 constituting one entire claim whether lode or placer, an expend- 
 iture of $500 for each location embraced in the survey will be 
 sufficient. 
 
 It was held (syllabus) in 35 L. D., 361, that — 
 
 Where several contiguous mining claims are held in common 
 and expenditures are made upon an improvement intended to 
 aid in the common development of all of the claims so held, 
 and which is of such character as to redound to the benefit of 
 all, such improvement is properly called a common improvement. 
 
 Each of a group of contiguous mining claims held in common 
 and developed by a common improvement has an equal, undi- 
 vided interest in such improvement, which is to be determined 
 
INSTRUCTIONS FOR SURVEYS 301 
 
 by a calculation based upon the number of claims in the group 
 and the value of the common improvement. 
 
 There is no authority in the law for an unequal assignment 
 of credits out of the cost of an improvement made for the com- 
 mon benefit of a number of mining claims, or the apportionment 
 of a physical segment of an' improvement of that character to 
 any particular claim or claims of the number, such an arbitrary 
 judgment of credits, as the exigencies of the case may seem to 
 require, being utterly at variance with the essential idea in- 
 herent in the term, a common improvement. 
 
 In any patent proceedings where a part of a group of mining 
 claims is applied for and reliance is had upon a common im- 
 provement, the land department should be fully advised as to 
 the total number of claims embraced in the group, as to their 
 ownership, and as to their relative situations, properly delineated 
 upon an authenticated map or diagram. Such information should 
 always be furnished in connection with the first proceeding in- 
 volving an application of credit from the common improvement, 
 and should be referred to and properly supplemented in each 
 subsequent patent application in which a like credit is sought 
 to be applied. 
 
 IMPROVEMENTS SUCCEED LOCATIONS, ETC. 
 
 It was also held (syllabus) in 36 L. D., 551, that — 
 
 A common improvement or system, offered for patent purposes, 
 although of sufficient aggregate value and of the requisite benefit 
 to all the mining claims of a group, can not be accepted as it 
 then stands in full satisfaction of the statutory requirements 
 as to such of the claims the location of which it preceded, the 
 law requiring that an expenditure of at least $500 shall succeed 
 the location of every claim. 
 
 If the requisite benefit to the group is shown, or to the extent 
 of such of the claims as are so benefited, and the elements of 
 contiguity and common interest in the claims concerned appear; 
 if the improvement represents a total value sufficient for patent 
 purposes for the number of claims so involved; if for each claim 
 located after the partial construction of the improvement the 
 latter has been subsequently extended so as to represent an 
 added value of not less than $500, each is entitled under the law 
 to a share of the value of the common improvement in its en- 
 tirety, no claim receiving more or less than another from that 
 source, participating therein without distinction or difference, 
 and as to each the statutory requirement is satisfied. 
 
 40. The explanatory statement in such cases should be given 
 in your field notes, or affidavit, at the conclusion of the descrip- 
 
302 MINING LAW 
 
 tion of the improvements included in the estimate of expend- 
 iture, and should be as full and explicit as the facts in the case 
 warrant, dealing only with the improvements, conditions, and 
 circumstances as they actually existed at the time of making 
 the survey or examination. 
 
 41. If the value of the labor and improvements upon a min- 
 eral claim is less than $500 at the time of survey, you are 
 authorized to file thereafter supplemental proof, showing $500 
 expenditure made prior to the expiration of the. period of pub- 
 lication. The information on which to base this proof must be 
 derived by the surveyor, who makes the actual survey, from 
 a careful examination upon the premises. 
 
 42. You will file with your field notes a preliminary plat made 
 on tracing cloth, protracted on a scale of 200 feet to an inch, 
 if practicable, in conformity with the specimen plat herewith. 
 In preparing plats make the top north. Copy of your calcula- 
 tions of areas by double meridian distances and all triangula- 
 tions or traverse lines must also be furnished. The lines of 
 the claim surveyed, on this plat and on all plats of approved 
 surveys, should be heavier and show a contrast with conflicting 
 claims. 
 
 ERRORS 
 
 43. Where error in an original survey appears prior to the 
 issuance of patent, the surveyor, who made such survey, will 
 be required to make the necessary corrections in the field wrthin 
 a specified time; and failure or refusal, without satisfactory- 
 reason therefor, to comply with instructions will be followed 
 by suspension or revocation of appointment. The mineral claim- 
 ant will be notified of the action taken and given a reasonable 
 time to apply for an amended survey. 
 
 Whenever -a survey is reported in error by a surveyor, the 
 surveyor who made the survey will be required promptly to 
 examine same upon the ground, and, if found in error, will 
 report the errors in detail, under oath, to the surveyor-general's 
 office. If he should report his survey correct, a joint survey 
 with the surveyor who reported the errors will be ordered to 
 settle the differences. 
 
INSTRUCTIONS FOR SURVEYS 303 
 
 JOINT SURVEY 
 
 44. A joint survey must be made within ten days after the 
 date of order, unless satisfactory reasons are submitted, under 
 oath, for a postponement. 
 
 45. The fieldwork must in every sense of the term be a joint 
 and not a separate survey, and the observations and measure- 
 ments taken with the same instrument and chain, previously 
 tested and agreed upon. 
 
 46. The surveyor found in error, will make out the field notes 
 of the joint survey, which, after being duly signed and sworn 
 to by both parties, must be transmitted to the surveyor-general's 
 office. 
 
 AMENDED SURVEYS 
 
 47. Inasmuch as amended surveys are ordered only by special 
 instructions from the General Land Office, and the conditions 
 and circumstances peculiar to each separate case, and the object 
 sought by the required amendment, alone govern all special 
 matters relative to the manner of making such survey and the 
 form and subject-matter to be embraced in the field notes thereof, 
 but few general rules applicable to all cases can be laid down. 
 
 48. The amended survey must be made in strict conformity 
 with, or be embraced within, the lines of the original survey. 
 If the amended and original surveys are identical, that fact 
 must be clearly and distinctly stated in your field notes. If 
 not identical, a bearing and distance must be given from each 
 established corner of the original survey. The lines of the orig- 
 inal survey, as found upon the ground, must be laid down upon 
 the preliminary plat in such manner as to contrast and show 
 their relation to the lines of the amended survey. 
 
 49. The field notes of the amended survey must be prepared 
 on the same size and form of blanks as are the field notes of 
 the original survey, and the word "amended" must be used 
 before the word "survey" wherever it occurs in the field notes. 
 
 DESCRIPTIVE REPORTS ON PLACER CLAIMS 
 
 50. By General land Office circular, approved May 21, 1907, 
 paragraph 60, you are required to make a full examination of 
 
304 MINING LAW 
 
 all placer claims at the time of survey, and file with your field 
 notes a descriptive report, in which you will describe: 
 
 (a) The quality and composition of the soil, and the kind and 
 amount of timber, and other vegetation. 
 
 (6) The location and size of streams, and such other matter 
 as may appear upon the surface of the claims. 
 
 (c) The character and extent of all surface and underground 
 workings, whether placer or lode, for mining purposes, locating 
 and describing them. 
 
 (d) The proximity of centers of trade or residence. 
 
 (e) The proximity of well-known systems of lode deposits or 
 of individual lodes. 
 
 (f) The use or adaptability of the claim for placer mining, 
 and whether water has been brought upon it in sufficient quan- 
 tity to mine the same, or whether it can be procured for that 
 purpose. 
 
 (g) What works or expenditures have been made by the claim- 
 ant or his grantors for the development of the claim, and their 
 situation and location with respect to the same as applied for. 
 
 (h) The true situation of all mines, salt licks, salt springs, 
 and mill-seats, which comes to your knowledge, or report that 
 none exist on the claim, as the facts may warrant. 
 
 (i) Said report must be made under oath, and duly corrob- 
 orated by one or more disinterested persons. 
 
 51. Descriptive reports, as above, on placer claims taken by 
 legal subdivisions will not be made, as mineral surveyors have 
 no duties to perform touching such claims. (Sec. 2331, U. S. 
 Rev. Stats., and paragraph 58, Mining Circular, approved May 
 21, 1907.) 
 
 PRACTICE 
 
 52. Claimants, their attorneys, or parties in interest shall not 
 be employed as assistants in making mineral surveys. 
 
 53. Your fleldwork must be accurately and properly performed 
 and your returns made in conformity with the foregoing instruc- 
 tions. Errors in the survey must be corrected at your own ex- 
 pense, and if the time required in the examination of your 
 returns is increased by reason of your neglect or carelessness, 
 you will be required to make an additional deposit for office 
 
INSTRUCTIONS FOR SURVEYS 305 
 
 work. You will be held to a strict accountability for the faithful 
 discharge of your duties, and will be required to observe fully 
 the requirements and regulations in force as to making mineral 
 surveys. If found incompetent as a surveyor, careless in the 
 discharge of your duties, or guilty of a violation of said regula- 
 tions, your appointment will be promptly revoked. 
 
 A mineral surveyor is within the purview of section 452 of 
 the Revised Statutes, which prohibits officers, clerks, and em- 
 ployees in the General Land Office from directly or indirectly 
 purchasing or becoming interested in the purchase of any of 
 the public lands, upon penalty of forfeiture of his official posi- 
 tion. (36 L. D., 61.) 
 
CIRCULAR TO APPLICANTS 
 
 Applicants for mineral survey orders will observe the follow- 
 ing requirements in the conduct of their business with the 
 surveyor-general's office, the same being based upon the United 
 States mining laws, and circular and special instructions from 
 the Commissioner of the General Land Office: 
 
 1. All applications for survey orders, descriptive reports on 
 placer claims, or certificates of $500 expenditures, should be 
 addressed to the surveyor-general,* and be signed by the claim- 
 ants, their agents or attorney. 
 
 2. Each application should contain: 
 
 (a) The name of the claimant in full, and as it is desired 
 to appear in the application for the patent. 
 
 (6) The name of the land and mining districts in which the 
 claim is located. 
 
 (d) The name of the mineral surveyor to whom it is desired 
 the order shall be issued. 
 
 (For form of application see page 311.) 
 
 3. The applicant is required to file with each application for 
 survey order a copy of the record of location of the claim, prop- 
 erly certified by the recorder of the county or mining district 
 where the claim is situate. 
 
 4. The mineral surveyor is required to survey the claim in 
 strict conformity with or within the lines of the location upon 
 which the order of survey is based. The applicant is therefore 
 advised, before filing his application, to see that his location 
 has been made in compliance with the law and regulations, and 
 that it properly describes the claim for which patent is to be 
 sought. 
 
 Section 2324, United States Revised Statutes, expressly pro- 
 vides that "the location must be distinctly, marked on the 
 ground so that its boundaries can be readily traced," and that 
 
 *See page 285 for list of offices of United States surveyors-gen- 
 eral. 
 
 306 
 
CIRCULAR TO APPLICANTS 307 
 
 "all records of mining claims hereafter made shall contain the 
 name or names of the locators, the date of the location, and 
 such a description of the claim or claims located by reference 
 to some natural object or permanent monument as will identify 
 the claim." 
 
 These provisions of the law must be strictly complied with 
 in each case, to entitle a claimant to a survey and patent, and, 
 therefore should a claimant under a location made subsequent 
 to the passage of the mining act of May 10, 1872 (referred to 
 in said section 2324), who has not complied with said require- 
 ments in regard to marking the location upon the ground, and 
 recording the same, apply for a survey, the surveyor-general will 
 decline to order it. 
 
 The only relief for a party under such circumstances will be 
 to make a new location in conformity to law and regulations, 
 as no survey will be approved by the surveyor-general's office, 
 unless these and all other provisions of law are substantially 
 complied with. 
 
 A lode locator may not, in the same location, lawfully include 
 any surface area, or acquire any incidental mining rights therein, 
 outside of the course of, or vertical planes drawn downward 
 through, the established end lines of his claim extended in their 
 own direction. (35 L. D., 592.) 
 
 5. The surveyor-general will furnish the applicant an esti- 
 mate of the cost of the platting and other office work connected 
 with the survey in his office, which amount the applicant will 
 deposit with any assistant United States treasurer, or designated 
 depository, in favor of the United States Treasurer, to be passed 
 to the credit of the fund created by "individual depositors for 
 surveys of the public lands." The duplicate certificate issued 
 for such deposit will be immediately forwarded to the office 
 of the surveyor-general by the applicant who will retain the 
 triplicate certificate for his own use and security. Under no 
 circumstances can this deposit be made with or by the surveyor- 
 general. 
 
 Payment for exemplified copies of plats or other records in 
 the office of the surveyor-general will be made or remitted 
 
308 MINING LAW 
 
 directly to that officer, who will promptly receipt for the same. 
 (36 L. D., 125.) 
 
 6. The various surveyors-general have schedules of rates for 
 office work, and an estimate of the cost in any particular case 
 may be had upon application. 
 
 Should an applicant deem an estimate excessive, he will be 
 allowed the right of appeal to the General Land Office in the 
 usual manner. 
 
 In transmitting such an appeal the surveyor-general should 
 transmit therewith a full report. 
 
 ■7. An application for an amended survey order must be ac- 
 companied with a statement setting forth fully the reasons for 
 the proposed amendment and all the material facts in the matter. 
 
 8. If, after having obtained a survey order, the applicant 
 should abandon his purpose of having a survey made, he can 
 apply the deposit, less the amount estimated for office expenses 
 already incurred, on a survey of another claim if one is desired. 
 
 9. Upon discovery of any error or defect in an order the appli- 
 cant is requested to return it to the surveyor-general's office 
 for correction or amendment. 
 
 10. If, after having obtained an order for survey, the applicant 
 should find that the record of location does not practically de- 
 scribe the location as staked upon the ground, he should file 
 a certified copy of an amended location certificate, correctly 
 describing the claim, and obtain an amended order for survey. 
 
 11. The order of approval of surveys of mineral claims is 
 prescribed by General Land Office circular dated March 3, 1881, 
 as follows: 
 
 The mining survey first applied for shall have the priority of 
 action in all its stages in the office of the surveyor-general in- 
 cluding the delivery thereof, over any other survey of the same 
 ground or any portion thereof. 
 
 The surveyor-general should not order or authorize a survey 
 of a claim which conflicts with one previously applied for until 
 the survey first applied for has been completed, examined, ap- 
 proved, and platted, and the plats delivered, unless the survey 
 first authorized is not returned within a reasonable period, and 
 the applicant for a conflicting survey makes affidavit that he 
 
CIRCULAR TO APPLICANTS 309 
 
 believes (stating the reasons for his belief) that such first appli- 
 cant has abandoned his purpose of having a survey made, or is 
 deferring it for vexatious purposes, to wit, to postpone the sub- 
 sequent applicant, in which case the surveyor-general shall give 
 notice of such charges to such first applicant, and call upon him 
 for an explanation under oath of the delay. He shall also re- 
 quire the mineral surveyor to make a full statement in writing, 
 explanatory of the delay; and if the surveyor-general shall con- 
 clude that good and sufficient reasons for such delay do not 
 exist, he shall authorize the applicant for the conflicting survey 
 to proceed with the same; otherwise the order of proceedings 
 shall not be changed. 
 
 When the conflict does not appear until the field notes of the 
 respective surveys are returned, then the survey first applied 
 for should be first examined, approved, and platted, and the 
 plats delivered before the field notes of the survey last applied 
 for are taken up for examination or plats constructed. 
 
 Whenever an applicant for a survey shall have reason to sup- 
 pose that a conflicting claimant will also apply for a survey for 
 patent, he may give a notice in writing to the surveyor-general 
 particularly describing such conflicting claim, and file a copy 
 of the notice of location of such conflicting claim. In such case 
 the surveyor-general will not order or authorize any survey of 
 such conflicting, claim until the survey first applied for has 
 been examined, completed, approved, and platted, and the plats 
 delivered. 
 
 12. The applicant has the option of employing any United 
 States mineral surveyor in the district to execute the order of 
 survey, and must make satisfactory arrangements with such 
 surveyor for the payment of his services and those of his assist- 
 ants in making the survey, as the United States will not be 
 held responsible for the payment of the same. The duty of the 
 surveyor in any particular case ceases when he has executed 
 the survey and filed his returns of survey in the surveyor-gen- 
 eral's office. He is not allowed to prepare for the mining claim- 
 ant the papers in support of an application for patent, being 
 precluded from acting either directly or indirectly as attorney 
 in mineral claims. (Sec. 2334, U. S. Rev. Stats.) 
 
310 MINING LAW 
 
 13. The applicant is advised of his right to appeal to the 
 Commissioner of the General Land Office from the approval or 
 disapproval of the survey of his claim. The appeal must be 
 in writing or in print, should set forth in brief and clear terms 
 the specific points of exception to the ruling appealed from, and 
 should be transmitted through the surveyor-general's office. 
 
SPECIMEN FIELD NOTES AND FORMS 
 
 [4—689.] 
 
 APPLICATION TO UNITED STATES SURVEYOR-GENERAL 
 FOR SURVEY OP MINING CLAIMS. 
 
 , 19-. 
 
 United States Surveyor-General, 
 
 Sir: , claimant — . hereby make. . application for an 
 
 official survey, under the provisions of chapter 6, title 32, of the 
 Revised Statutes of the United States, and regulations and in- 
 structions thereunder, of the mining claim known as the 
 
 situate in mining district, county, , in sec- 
 tion township No , range No Said claim 
 
 is based upon a valid location made on . . . . , 19 . . , and duly re- 
 corded on , 19. ., and is fully described in the duly certified 
 
 copy of the record of the location certificate, filed herewith. Said 
 certificate contains the name of the locator, the date of location, 
 and such a definite description of the claim by reference to nat 
 ural objects or permanent monuments as will identify the claim, 
 and said location has been distinctly marked by monuments on 
 the ground, so that its boundaries can be readily traced. 
 
 request that you will send an estimate of the 
 
 amount required to defray the expenses of platting and other 
 
 work in your office, required under the regulations, that 
 
 may make proper deposit therefor, and that thereupon you will 
 
 cause the survey to be made by ". , United States mineral 
 
 surveyor, and proper action to be taken thereon by your office, 
 as required by the United States mining laws and regulations 
 thereunder. 
 
 , Claimant. 
 
 P. 0. address 
 
 county, 
 
 311 
 
312 MINING LAW 
 
 [4—682.] 
 ORDER FOR MINERAL SURVEY. 
 
 Department or the Interior, 
 Office of U. S. Surveyor-General, 
 
 ., 19. 
 
 To , 
 
 U. S. Mineral Surveyor, 
 
 Sir: Application has been filed in this office by , dated 
 
 , 19. ., for an official survey of the mining claim of 
 
 known as the situate in mining district, 
 
 county, in section , township No , range No. ....... 
 
 which claim is based upon a location made on , 19. ., and 
 
 duly recorded on , 19. ., and is fully described in the duly 
 
 certified copy of the record of the location ceritficate, filed by 
 the applicant. . for said survey, a copy of which is herewith 
 inclosed. You are hereby directed to make the survey of said 
 claim in strict conformity with existing laws, official regulations, 
 and instructions thereunder, and to make proper return to this 
 
 office. Said survey will be designated as Survey No 
 
 Very respectfully, 
 
 V. S. Surveyor-General for 
 
 [4—683.] 
 
 SPECIMEN FIELD NOTES. 
 
 Mineral Survey No. 20,000, A and B. 
 
 Lot No 
 
 Montrose Land District. 
 
SPECIMEN NOTES AND FORMS 313 
 
 FIELD NOTES 
 
 OF THE SDKVEY OF THE MINING CLAIM OF 
 
 The Noonday Tunnel Gold Mining and Milling Company, 
 
 KNOWN AS' THE 
 
 Matchless, Mascot, Noonday, Bryan and Little Olive Lodes, 
 
 and 
 
 Bryan Mill Site 
 
 Gold Brick Mining District, 
 
 Gunnison County, Colorado. 
 
 Sections 12 and 13, Township 50 N, 
 Range 3 E. of N. M. P. M. 
 
 Surveyed under instructions dated December 1, 1906, 
 
 By O. M. Thayer, 
 V. S. Mineral Surveyor. 
 
 Claim located , 1 
 
 Survey commenced May 6, 1907. 
 Survey completed May 11, 1907. 
 Address of claimant: 
 
 E. J. Brown, Secretary, 
 Pueblo, Colorado. 
 
 DATES of amended locations. 
 
 Matchless, Noonday, Bryan, and Little Olive Lodes, May 7, 1906. 
 Mascot Lode, June 4, 1906. 
 Bryan Mill Site, May 7, 1906. 
 
314 
 
 MINING LAW- 
 
 FEET. 
 250.7 
 
 535.68 
 1,006.10 
 1,016 
 
 10.32 
 250.7 
 
 SURVEY NO. 20,000 A and B. 
 
 MATCHLESS LODE. 
 
 Beginning at Cor., No. 1. 
 
 On line 2-3, Mascot lode, of this survey. 
 
 A pine post, 4 'ft. long, 5 ins. square, set 2 ft. in the 
 ground, with mound of stone, scribed MAT. 1-20000 A, 
 whence 
 
 The NE. Cor., T. 50 N., R. 3 E., of N. M. P. M., bears 
 N 18° 53' 20" E., 9,175.32 ft. 
 
 Thence N. 51° 45' W. 
 
 To Cor. No. 2. 
 
 A pine post, 4 ft. long, 5 ins. square, set 2 ft. in the 
 
 ground, with mound of stone, scribed MAT. 2-20000 A. 
 
 Thence S. 25° 06* W. 
 
 Intersect line 4-1, Noonday lode, of this survey. 
 Intersect line 2-3, Noonday lode, of this survey. 
 To Cor. No. 3. 
 
 A pine post, 4 ft. long, 5 ins. square, set 2 ft. in the 
 ground, with mound of stone, scribed MAT. 3-20000 A. 
 
 Thence S. 51° 45' E. 
 
 Intersect line 2-3, Noonday lode, of this survey. 
 
 To Cor. No. 4. 
 
 On line 2-3, Mascot lode, of this survey. 
 
 A pine post, 4 ft. long, 5 ins. square, set 2 ft. in the 
 
 ground, with mound of stone, scribed MAT. 4-20000 A, 
 
 whence 
 Cor. No. 4, Noonday lode, of this survey, bears S. 47° 38' 
 
 E., 276.96 ft. 
 
SPECIMEN NOTES AND FORMS 
 
 315 
 
 SURVEY NO. 20,000 A and B— Continued. 
 
 matchless lode — continued. 
 
 Thence N. 25° 06' E. 
 
 Feet. 
 239.96 
 1,016 
 
 123.90 
 
 207.88 
 300 
 
 Intersect line 4-1, Noonday lode, of this survey. 
 To Cor. No. 1, the place of beginning. 
 
 MASCOT LODE. 
 
 Beginning at Cor. No. 1. 
 
 A pine post, 4 ft. long, 5 ins. square, set 2 ft. in the 
 ground, with mound of stone, scribed MAS. 1-20000 A, 
 whence 
 
 The NE. Cor., T. 50 N., R. 3 E., of N. M. P. M., bears 
 N. 16° 49' 20" E. 8,976.06 ft. 
 Cor. No. 3, Sur. No. 12479, A. Am. Queen No 2 lode, 
 
 The Cortland Gold and Silver Mining Company claim- 
 ant, bears S 39° 49' 30" W. 406.88 ft. 
 Cor. No. 3, Sur. No. 17854, Grant lode; The Cortland Gold 
 
 and Silver Mining Company claimant, bears S. 40° 28' 
 
 W. 562.25 ft. 
 Cor. No. 1, Sur. No. 17854, Brown lode, bears S. 6° 44' 
 
 W. 490 ft. 
 
 Thence N. 64° 54' W. 
 
 Intersect line 3-4, Sur. No. 17854, Grant lode, at N. 27° 
 
 45' E. 542.73 ft. from Cor. No. 3. 
 Intersect line 3-4, Sur. No. 12479, A. Am. Queen No. 2 
 
 lode, at N. 10° 14' E. 407.15 ft. from Cor. No. 3. 
 To. Cor. No. 2 
 A pine post, 4 ft. long, 5 ins. square, set 2 ft. in the 
 
 ground, with mound of stone, scribed MAS. 2-20000 A. 
 
316 
 
 MINING LAW 
 
 Feet. 
 238.77 
 1,014.81 
 1,254.77 
 1,374 
 
 229.72 
 
 292.39 
 300 
 
 324.7 
 869.74 
 
 1,006.78 
 1,374 
 
 SURVEY NO. 20,000 A and B— Continued. 
 
 mascot lode — continued. 
 
 Thence S. 25° 06' W. 
 
 Co. No. 1, Matchless lode, of this survey. 
 Intersect line 4-1, Noonday lode, of this survey. 
 Cor. No. 4, Matchless lode, of this survey. 
 To. Cor. No. 3. 
 
 A pine post, 4 ft. long, 5 ins. square, set ,2 ft. in the 
 ground, with mound of stone, scribed MAS. 3-20000 A. 
 
 Thence S. 64° 54' E. 
 
 Intersect line 3-4 and 1-2, Noonday and Bryan lodes, of 
 
 this survey, respectively. 
 Intersect line 4-1, Bryan lode, of this survey. 
 To Cor. No. 4. 
 A pine post, 4 ft. long, 5 ins. square, set 2 ft. in the 
 
 ground, with mound of stone, scribed MAS. 4-20000 A, 
 
 whence 
 Cor. Nos. 4-1, Noonday and Bryan lodes, of this survey, 
 
 respectively, bears N. 18° 43' W. 51.3 ft. 
 
 Thence N. 25° 06' E. 
 
 Intersect line 4-5, Sur. No. 17854, Brown lode, at S„ 17° 
 
 27' W. 11.34 ft. from Cor. No. 5. 
 Intersect line 6-1, Sur. No. 17854, Brown lode, at S. 79° 
 
 10' E. 140.70 ft. from Cor. No. 6, also 
 Intersect line 2-3, Sur. No. 17854, Grant lode, at S. 79° 
 
 10' E. 153.73 ft. from Cor. No. 3. 
 Intersect line 2-3, Sur. No. 12479, A. Am. Queen No 2 
 
 lode, at S. 79° 10' E. 106.71 fro mCor. No. 3. 
 To Cor. No. 1, the place of beginning. 
 
SPECIMEN NOTES AND FORMS 
 
 317 
 
 Feet. 
 29.99 
 301 
 
 647.84 
 900.16 
 916 
 1,377 
 
 250.22 
 301 
 
 SURVEY NO. 20,000 A and B— Continued. 
 
 NOONDAY LODE. 
 
 Beginning at Cor. No. 1. 
 
 A pine post, 4 ft. long, 5 ins. square, set 2 ft. in the 
 ground, with mound of stone, scribed N. 1-20000 A, 
 whence 
 
 The NE. Cor. T. 50 N., R. 3 E., of N. M. P. M., bears 
 N. 22° 42' 10" E. 9,163.46 ft. 
 
 Cor. No. 1, Little Olive lode, of this survey, bears N. 
 2° 32' 30" E. 323.3 ft. 
 
 Thence S. 68° 18' W. 
 
 Intersect line 4-1, Little Olive lode, of this survey. 
 To Cor. No. 2. 
 
 A pine post, 4 ft. long, 5 ins. square, set 2 ft. in the 
 ground, with mound of stone, scribed N. 2-20000 A. 
 
 Thence S. 14" 17' E. 
 
 Intersect line 4-1, Little Olive lode, of this survey. 
 Intersect line 2-3, Matchless lode, of this survey. 
 Intersect line 3-4, Matchless lode, of this survey. 
 To. Cor. No. 3. 
 
 A pine post, 4 ft. long, 5 ins. square, set 2 ft. in the 
 ground, with mound of stone, scribed N. 3-20000 A. 
 
 Thence N. 68° 18' E; 
 
 Intersect line 3-4, Mascot lode, of this survey. 
 To Cor. No. 4. 
 
 A pine post, 4 ft. long, 5 ins. square, set 2 ft. in the 
 ground, with mound of stone, scribed N. 4-20000 A. 
 
318 
 
 MINING LAW 
 
 Feet. 
 416.84 
 
 80l'.58 
 1,377 
 
 50.78 
 301 
 
 SURVEY NO. 20,000 A and B— Continued. 
 
 noonday lode — continued. 
 
 Thence N. 14° 17' W. 
 
 Intersect lines 2-3 and 4-1, Mascot and Matchless lodes, 
 
 of this survey, respectively. 
 Intersect line 2-3, Matchless lode, of this survey. 
 To Cor. No. 1, the place of beginning. 
 
 BBYAN LODE. 
 
 Beginning at Cor. No. 1. 
 
 Identical with Cor. No. 4, Noonday lode, of this sur- 
 vey, whence 
 
 The NE. Cor. T. 50 N., R. 3 E., of N. M. P. M., bears 
 N. 18° 05' 10" E. 10,296.64 ft., 
 
 Cor. No. 4, Sur. No. 17854, Shields lode, bears S. 12° 
 06' W. 845.0 ft. . . 
 
 Cor. No. 4, Sur. No. 17854, Brown lode, bears S. 11° 24' 
 W. 695.2 ft. 
 
 Cor. No. 3, Sur No. 12479, B. Am. The Cortland: Mill 
 Site, bears S. 8° 55' E. 641.1 ft. 
 
 Thence S. 68° 18' W. 
 
 Intersect line 3-4, Mascot lode, of this survey. 
 To Cor. No. 2. 
 
 Identical with Cor. No. 3, Noonday lode, of this survey. 
 
SPECIMEN NOTES AND FORMS 
 
 319 
 
 Feet. 
 694 
 
 704.78 
 
 834 
 867.73 
 
 868.34 
 
 875 
 1,229.66 
 
 1,493.52 
 
 301 
 
 SURVEY NO. 20,000 A and B— Continued. 
 
 bbyan lode — continued. 
 
 Thence S. 11° 55' E. 
 
 Intersect S. boundary, Sec. 12, at E. 1,950 ft. from SW. 
 Cor said Section. 
 
 Intersect line 4-1, Sur. No. 17854, Shields lode, at N. 59° 
 
 28' E. 49.88 ft. from Cor. No. 4. 
 Wagon road, course Northeast and Southwest. 
 Intersect line 3-4, Penguin lode, unsurveyed, J. M. Flick, 
 
 claimant, at S. 44° 07' W. 18.79 ft. from Cor. No. 4. 
 Intersect line 2-3, Sur. No. 17854, Shields lode, at N. 59° 
 
 28' E. 63.51 ft. from Cor. No. 3. 
 Creek 1 ft. wide, flows Southwest. 
 Intersect line 1-2, Penguin lode, unsurveyed, at S. 44° 07' 
 
 W. 138.82 ft. from Cor. No. 1. 
 To Cor. No. 3. 
 A pine post, 4 ft. long, 5 ins. square, set 2 ft. in the 
 
 ground, with mound of stone, scribed B. 3-20000 A. 
 
 Thence N. 68° 18' E. 
 
 To Cor. No. 4. 
 
 A pine stump, about 4 ft. high, hewed to 5 ins. square, 
 scribed B. 4-20000 A, whence 
 
 Cor. No. 1, Penguin lode, unsurveyed, bears N. 43° 55' 
 W. 342.29 ft. 
 
 Cor. No. 3, Pelican lode, unsurveyed, J. M. Flick, claim- 
 ant, bears N. 43° 42' 20" W. 347.7 ft. 
 
320 
 
 MINING LAW 
 
 Feet. 
 357.41 
 
 673.97 
 
 6S8 
 
 739.72 
 
 S12.48 
 
 837.53 
 
 938.05 
 
 970 
 1,018 
 1,344.11 
 
 1,447.16 
 1,493.52 
 
 SURVEY NO. 20,000 A and B— Continued. 
 
 bbyan lode — continued. 
 
 Thence N. 11° 55' W. 
 
 Intersect line 2-3, Pelican lode, unsurveyed, at N. 59° 28' 
 
 E. 193.28 ft. from Cor. No. 3. 
 Intersect line 4-1, Pelican lode, unsurveyed, at N. 59° 28' 
 
 E. 294.70 ft. from Cor. No. 4, also 
 Intersect line 2-3, Sur. No. 17854, Shields lode, at N. 59° 
 
 28' E. 376.52 ft. from Cor. No. 3. 
 Intersect S. boundary line of Sec. 12 at W. 390 ft. from 
 
 S. Y4, Cor. said Section. 
 Intersect line 3-4, Sur. No. 17854, Brown lode, at S. 79° 10' 
 
 E. 298.38 ft. from Cor. No. 4. 
 Intersect line 2-3, Sur. No. 12479, B. Am. The Cortland 
 
 Mill Site, at S. 51° 20' E. 52.84 ft. from Cor. No. 3. 
 Intersect line 4-1, Sur. No. 17854, Shields lode, at N. 59° 
 
 28' E. 362.90 ft. from Cor. No. 4. 
 Intersect line 3-4, Sur. No. 12479, B. Am. The Cortland 
 
 Mill Site, at N. 9° 41' E. 91.14 ft. from Cor. No. 3. 
 Creek 1 ft. wide flows Southwest. 
 Wagon road, course Northeast and Southwest. 
 Intersect line 4-5, Sur. No. 17854, Brown lode, at N. 17° 
 
 27' E. 561.11 ft. from Cor. No. 4. 
 Intersect line 3-4, Mascot lode, of this survey. 
 To Cor. No. 1, the place of beginning. 
 
 LITTLE OLIVE LODE. 
 
 Beginning at Cor. No. 1. 
 
 A pine post, 4 ft. long, 5 ins. square, set 2 ft. in the 
 ground, with mound of stone, scribed L. O., 1-20000 A, 
 whence 
 
 The NE. Cor. T. 50 N., R. 3 E., of N. M. P. M., bears 
 
 N. 23° 25' 20" E. 8,860.6 ft. 
 
SPECIMEN NOTES AND FORMS 
 
 321 
 
 SURVEY NO. 20,000 A and B— Continued. 
 
 little olive lode — continued. 
 
 Thence N. 77° W. 
 
 Intersect line 4-5, Sur. No. 7153, Little Dora lode, claim- 
 ant unknown, at N. 50° E., 40.38 ft. from Cor. No. 4. 
 
 Intersect line 3-4, Sur. No. 7153, Little Dora lode, at N. 
 23° 05' W., 39.91 ft. from Cor. No. 4. 
 
 To Cor. No. 2. 
 
 A pine post, 4 ft. long, 5 ins. square, set 2 ft. in the 
 ground, with mound of stone, scribed L. O., 2-20000 A, 
 whence 
 
 Cor. No. 4, Sur. No. 7153, Little Dora lode, bears S. 24° 
 05' E. 40.43 ft. 
 
 Feet. 
 243.04 
 
 290.85 
 291.72 
 
 Thence S. 6° 28' "W. 
 1503. To Cor. No. 3. 
 
 A pine post, 4 ft. long, 5 ins. square, set 2 ft. in the 
 ground, with mound of stone, scribed L. O., 3-20000 A. 
 
 Thence S. 77° E. 
 
 272.4 To Cor. No. 4. 
 
 A pine post, 4 ft. long, 5 ins. square, set 2 ft. in the 
 ground, with mound of stone, scribed L. O., 4-20000 A. 
 
 Thence N. 7° 12' E. 
 
 430.39 Intersect line 2-3, Noonday lode, of this survey. 
 1164.20 Intersect line 1-2, Noonday lode, of this survey. 
 1500.92 To Cor. No. 1, the place of beginning. 
 
 Variation at all corners 14° 10' E. 
 
322 
 
 MINING LAW 
 
 Feet. 
 435.6 
 
 SURVEY NO. 20,000 A and B— Continued. 
 
 LODE LINES. 
 
 As near as can be determined from present develop- 
 ments the veins of the several locations embraced in this 
 claim extend as follows from their respective discovery 
 points: 
 
 Matchless lode, 458 ft. N. 25° 06' B., and 558 ft. S. 25° 
 06' W. 
 
 Mascot lode, 610 ft. N. 25° 06' B., and 764 ft. S. 25° 
 06' W. 
 
 Noonday lode, 675 ft. N. 14° 17' W., and 702 ft. S. 14° 
 17' E. 
 
 Bryan lode, 347 ft. N. 11° 55' W., and 1146.52 ft. S. 
 11° 55' E. 
 
 Little Olive lode, 510 ft. N. 7° 33' E., and 990 ft. S. 7° 
 33' W. 
 
 BBYAN MILL SITE SUR. 20000 B 
 
 Beginning at Cor. No. 1, identical with a corner of the 
 location. 
 
 A pine post, 4 ft. long, 4 ins. square, set 18 ins. in the 
 ground, in mound of stone, scribed B. M. S. 1-20000 B. 
 
 Cor. No. 1 of Bryan lode claim bears N. 87° 15' E. 
 600 ft. 
 
 The N.E. Cor. of T. 50 N., R. 3 E., bears No. 21° 15' E. 
 10515.05 ft. 
 
 No bearing objects available. 
 
 Thence N. 85° "W. 
 
 To Cor. No. 2, identical with Cor. of location. 
 A pine post, 4 ins. square, set 18 ins. in the ground in 
 mound of stone, scribed B. M. S. 2-20000 B. 
 
SPECIMEN NOTES AND FORMS 
 
 32:; 
 
 Feet. 
 500 
 
 435.6 
 
 500 
 
 SURVEY NO. 20,000 A and B— Continued 
 
 bbyan mill site sur. 20000 B — continued 
 
 Thence S. 5° W. 
 
 To Cor. No. 2, identical with Cor. of location. 
 A pine post, 4 ins. square, set 18 ins. in the ground in 
 mound of stone, scribed B. M. S. 3-2000 B. 
 
 Thence S. 85° E. 
 
 To Cor. No. 4, identical with corner of location. 
 A pine post, 4 ins. square, set 18 ins. in the ground, 
 scribed B. M. S. 4-20000 B. 
 
 Thence N. 5° E. 
 
 To Cor No. 1, beginning. 
 Containing 5 acres. 
 
 AREA 
 
 Total area, Mascot lode 
 
 Area in conflict with — 
 
 Tract "A," hereinafter described 189 
 
 Sur. 'No. 12479, A. Am. Queen No. 2 lode. . . 1.375 
 
 Sur. No. 17854, Grant lode 1.629 
 
 Sur. No. 17854, Grant lode (exclusive of its 
 conflict with Sur. No. 12479, A. Am. Queen 
 
 No. 2 lode) 514 
 
 Sur. No. 17854, Grant lode (exclusive of its 
 
 conflict with Tract A) 1.440 
 
 Sur. No. 17854, Grant lode (exclusive of its 
 conflict with Tract "A," and Sur. No. 12479 
 
 A. Am. Queen No. 2 lode) 325 
 
 Sur. 17854, Brown lode 848 
 
 Acres. 
 9.463 
 
324 MINING LAW 
 
 Acres. 
 
 Total area Noonday lode 9.434 
 
 Area in conflict with — 
 
 Matchless lode of this survey 2.017 
 
 Mascot lode of this survey 1.188 
 
 Little Olive lode of this survey 1.998 
 
 Total area Bryan lode 10.170 
 
 Area in conflict with — 
 
 Tract "B," hereinafter described 172 
 
 Sur. No. 12479, B. Am. The Cortland Mill 
 
 Site 048 
 
 Sur. No. 17854, Brown lode ' 1.909 
 
 Sur. No. 17854, Brown lode (exclusive of its 
 
 conflict with Sur. No. 12479, B. Am. The 
 
 Cortland Mill Site) 1.861 
 
 Sur. No. 17854, Shields lode 1.114 
 
 Sur. No. 17854, Shields lode (exclusive of 
 
 its conflict with Sur. No. 12479, B. Am. 
 
 The Cortland Mill Site) 1.110 
 
 Sur. No. 17854, Shields lode( exclusive of its 
 
 conflict with Sur. No. 17854, Brown lode) .976 
 Sur. No. 17854, Shields lode (exclusive of its 
 
 conflict with Tract "B") 942 
 
 Sur. No. 17854, Shields lode (exclusive of its 
 
 conflict with Sur. No. 12479, B. Am. The 
 
 Cortland Mill Site, Sur. No. 17854, Brown 
 
 lode and Tract "B") 804 
 
 Penguin lode, unsurveyed 542 
 
 Penguin lode, unsurveyed (exclusive of its 
 
 conflict with Sur. No. 17854, Shields lode) .541 
 
 Pelican lode, unsurveyed 1.681 
 
 Mascot lode of this survey 027 
 
SPECIMEN NOTES AND FORMS 
 
 325 
 
 Acres. 
 
 Total area Little Olive lode 9.669 
 
 Area in conflict with — 
 
 Survey No. 7153, Little Dora lode 017 
 
 Total area Matchless lode 5.694 
 
 Area Bryan Mill Site 5.00 
 
 The survey of each lode of this location is identical with the 
 respective amended location as staked upon the ground. 
 
 Feet. 
 
 tract "a" 
 
 Beginning at a point on line 2-3, Sur. No. 17854, Grant 
 lode, 153.73 ft. from Cor. No. 3, and on line 4-1, Mascot 
 lode, of this survey, at 869.74 ft. from Cor. No. 4. Thence 
 N. 25° 06' E. 137.04 ft. to a point. Thence N. 79° 10' W. 
 54.29 ft. to a point. Thence S. 31° 16' W. 141.73 ft. to a 
 point. Thence S. 79° 10' E. 70.00 ft. to the place of be- 
 ginning, containing 0.189 acre. 
 
 TRACT "b" 
 
 Beginning at a point on line 2-3, Bryan lode, of this 
 survey, and on line 4-1, Sur. No. 17854, Shields lode at 
 N. 59° 28' E. 49.88 ft. from Cor. No. 4. Thence S. 11° 55' 
 E. 162.95 ft. to a point. Thence N. 44° 07' E. 18.79 ft. to 
 Cor. No. 4, Penguin lode, unsurveyed. Thence S. 30° 
 35' E. 5.60 ft. to Cor. No. 4, Pelican lode, unsurveyed. 
 Thence N. 59° 28' E. 35.58 ft. to a point on line 2-3. Sur. 
 No. 17854, Shields lode, 117.4 ft. from Cor. No. 3. Thence 
 N. 15° 20' W. 160.62 ft. to a point. Thence S. 59° 28' W. 
 43.81 ft. to the place of beginning, containing 0.172 acre. 
 
 The survey of each lode of this location is identical with the 
 respective amended location as staked upon the ground. 
 
326 MINING LAW 
 
 This survey is located in the S. % Sec. 12 and the NW. V± Sec. 
 13, T. 50 N., R. 3 E„ of N. M. P. M. 
 
 EXPENDITURE OF FIVE HUNDRED DOLLARS 
 
 I certify that the value of the labor and improvements made 
 upon, or for the benefit of, each of the locations embraced in said 
 mining claim by the claimant or its grantors is not less than 
 five hundred dollars, and that said improvements consist of: 
 
 The discovery cut of the Matchless lode, the face of which, 
 being the discovery point, is on the lode line 458 ft. from a point 
 on line 1-2, 132.47 ft. from Cor. No. 1, 5 ft. wide, 10 ft. face run- 
 ning S. 60° E. 20 ft. to mouth. From the face is a tunnel, 5x7 
 ft., running N. 60° W. 45 ft, thence S. 30° W. 30 ft. 
 
 Value of cut and tunnel, $850. 
 
 No. 1. The discovery tunnel of the Mascot lode, the mouth of 
 which being the discovery point, is on the center line 610 ft. from 
 center of line 1-2, 5x7 ft., running S. 72° 30' W. 100 ft. 
 
 Value,$l,000 
 
 No. 2. A tunnel, the mouth of which bears from Cor. No. 2, 
 Mascot lode, S. 18° 20' W. 593 ft., 5x7 ft, running N. 79° 20' W 
 205 ft. 
 
 Value, $2,000. 
 
 No. 1. The discovery shaft of the Noonday lode, on the center 
 line 675 ft. from the center of line 1-2, 4 x 6., 45 ft. deep, tim- 
 bered. 
 
 Value, $450. 
 
 No. 2. A shaft which bears from Cor. No. 1, Noonday lode, S. 
 3° 32' E. 772 ft., 4x6 ft, 15 ft. deep. 
 
 Value, $150. 
 
 No. 3. A tunnel, the mouth of which bears from Cor. No. 4, 
 Noonday lode, S. 77° 10' W. 152 ft., 5x7 ft., running N. 14° 17' 
 450 ft. 
 
 Value, $4,500. 
 
SPECIMEN NOTES AND FORMS 327 
 
 No. 1. The discovery cut of the Bryan lode, the mouth of 
 which being the discovery point, is on the center line 347 ft. 
 from the center of line 1-2, 5 ft. wide, 10 ft. face, running N. 14° 
 W. 15 ft., at the face of which is a shaft 4x6 ft., 10 ft. deep. 
 
 Value of cut and shaft, $250. 
 
 No. 2. A tunnel, the mouth of which bears from Cor. No. 2, 
 Bryan lode, S. 14° 23' E. 698 ft, 5x7 ft., running No. 25° "W. 37 ft. 
 
 Value, $370. 
 
 No. 1. The discovery shaft of the Little Olive lode, on the 
 lode line 510 ft. from a point on line 1-2, N. 77° W. 141 ft. from 
 Cor. No. 1, 4 x 6 ft, 35 ft. deep, timbered. 
 
 Value, $350. 
 
 No. 2. A tunnel, the mouth of which bears from Cor. No. 4, 
 Little Olive lode, N. 42° 40' W. 32 ft, 5x7 ft., running N. 145 ft. 
 
 Value, $1,450. 
 
 OTHER IMPROVEMENTS 
 
 A log cabin, the Northwest corner of which bears from Cor. No. 
 2, Mascot lode, S. 19" W. 565 ft., 12 x 16 ft. Course of long sides 
 S. 10° 40' W. 
 
 A log blacksmith shop, the Northwest corner of which bears 
 from Cor. No. 2, Mascot lode, S. 18° 30' W. 600 ft, 10 x 12. Course 
 of long sides S. 10° 40' W. Both belong to claimant herein. 
 
 INSTRUMENT 
 
 This survey was made with a C. L. Berger mining transit, No. 
 3126. The courses were deflected from the true meridian as de-. 
 termined by the direct solar observations. The distances were 
 measured with 100-ft. and 400-ft steel tapes. 
 
328 MINING LAW 
 
 REPORT 
 
 The lode line of each location of this claim was run directly 
 upon the ground, and the several corners established by means 
 of offsets from the lode lines. All tie lines were run either di- 
 rectly upon the ground or by traverses, run upon the ground and 
 submitted in a separate report herewith. 
 
 The NE. Cor., T. 50 N, R. 3 E., of N. M. P. M., is a granite 
 stone, chiseled with six notches on the East face. Near it are 
 4 witness trees, blazed and scribed 51 — 4 — 31 B. T., 50 — 3 — 1 B. 
 T., 50—4—6 B. T., and 51—3—36 B. T. This is the nearest stand- 
 ing corner of the public survey that can be found and identified. 
 
 Sur. No. 12479, A. and B. Am. Queen No. 2 lode and The Cort- 
 land Mill Site: 
 
 All the corners are pine posts, properly set and scribed with 
 the, number of the corner and survey. I find all courses and dis- 
 tances to be correct as approved. 
 
 Sur. No. 17845, Grant, Brown, and Shields lodes. 
 
 All corners are pine posts, properly set and scribed with the 
 numbers of the corner and survey. I find all courses and dis- 
 tances to be correct as approved. 
 
 Sur. No. 7153, Little Dora lode: 
 
 Corners 3, 4, and 5 are pine posts, properly set and scribed with 
 the number of the corner and survey. I find lines 3-4 and 4-5 to 
 be correct as approved. 
 
 Note. — The amended location certificate of the Mascot lode 
 fails to furnish the course of line 1-2 and the same is properly 
 given in these field notes. 
 
 [4—685.] 
 PINAL OATHS FOR SURVEYS 
 
 LIST OF NAMES 
 
 A list of the names of the individuals employed by O. M. 
 Thayer, United States mineral surveyor, to assist in running, 
 
SPECIMEN NOTES AND FORMS 329 
 
 measuring, and marking the lines, corners, and boundaries de- 
 scribed in the foregoing field notes of the survey of the mining 
 claim of the Noonday Tunnel Gold Mining and Milling Company, 
 known as the Matchless, Mascot, Noonday, Bryan, and Little 
 Olive lodes, and Bryan mill site, and showing the respective 
 capacities in which they acted, 
 
 D. J. Lehan, Chainman. 
 
 Chainman. 
 
 , Axman. 
 
 , Flagman. 
 
 FINAL OATHS OF ASSISTANTS 
 
 I, D. J. Lehan, do solemnly swear that I assisted 0. M. Thayer, 
 United States mineral surveyor, in marking the corners and sur- 
 veying the boundaries of the mining claim of the Noonday Tun- 
 nel Gold Mining and Milling Company, known as the Matchless, 
 Mascot, Noonday, Bryan, and Little Olive lodes, and Bryan mill 
 site, represented in the foregoing field notes as having been sur- 
 veyed by said mineral surveyor and under his direction; and that 
 said survey has been in all respects, to the best of my knowledge 
 and belief, faithfully and correctly executed, and the corner and 
 boundary monuments established according to law and the in- 
 structions furnished by the United States surveyor-general for 
 Colorado. 
 
 D. J. Lehan, Chainman. 
 
 , Chainman. 
 
 , Axman. 
 
 , Flagman. 
 
 Subscribed and sworn to by the abov&named persons before me 
 this 28th day of May, 1907. 
 
 [seal.] Richard Roe, 
 
 Notary Public, 
 Chinnison County, Colorado, 
 My commission expires December 16, 1908. 
 
330 MINING LAW 
 
 [4—686.] 
 
 FINAL OATH OF UNITED STATES MINERAL SURVEYOR 
 
 I, O. M. Thayer, U. S. mineral surveyor, do solemnly swear 
 that, in pursuance of instructions received from the United 
 States surveyor-general for Colorado, dated December 1, 1906, 
 I have, in strict conformity to the laws of the United States, 
 the official regulations and instructions thereunder, and the in- 
 structions of said surveyor-general, faithfully and correctly exe- 
 cuted the survey of the mining claim of the Noonday Tunnel 
 Gold Mining and Milling Company, known as the Matchless, Mas- 
 cot, Noonday, Bryan, and Little Olive lodes, and Bryan mill site, 
 situate in Gold Brick mining district, Gunnison County, Colorado, 
 in sections 12 and 13, township No. 50 N., range No. 3 E. of N. M. 
 P. M., and designated as survey No. 20000, A and B, as repre- 
 sented in the foregoing field notes, which accurately show the 
 boundaries of said mining claim as distinctly marked by monu- 
 ments on the ground, and described in the attached copy of each 
 location certificate, which was received by me from the surveyor- 
 general with said instructions, and that all the corners of said 
 survey have been established and perpetuated in strict accord- 
 ance with the law, official regulations, and instructions there- 
 under; and I do further solemnly swear that the foregoing are 
 the true and original field notes of said survey and my report 
 therein, and that the labor expended and improvements made 
 upon or for the benefit of each of the locations embraced in 
 said mining claim by claimant or its grantors are as therein 
 fully stated, and that the character, extent, location, and item- 
 ized value thereof are specified therein with particularity and 
 full detail, and that no portion of or interest in said labor or 
 improvements so credited to this claim has been included in 
 the estimate of expenditures upon any other claim. 
 
 O. M. Thayer, 
 United States Mineral Surveyor. 
 
SPECIMEN NOTES AND FORMS 331 
 
 Subscribed and sworn to by the said 0. M. Thayer, United 
 States mineral surveyor, before me, a notary public in and for 
 Gunnison County, Colorado, this 28th day of May, 1907. 
 
 [SEAL.] "W. W. MCKEE, 
 
 notary Public. 
 My commission expires December 20, 1908. 
 
332 MINING LAW 
 
 AMENDED LOCATION CERTIFICATE, LAW OF 1889 
 
 State of Colorado, 1 
 County of GunnisonA 
 
 Know all men by these presents, That the Noonday Tunnel 
 Gold Mining and Milling Company, the undersigned, has this 7th 
 day of May, 1906, amended, located, and claimed, and by these 
 presents does amend, locate, and claim, by right of discovery and 
 amended location certificate in compliance with the mining acts 
 of Congress, approved May 10, 1872, and with all subsequent acts, 
 and with section 2409 of the general statutes of Colorado, and 
 with local customs, laws, and regulations, 1,016 linear feet and 
 horizontal measurement on the Matchless lode, vein, ledge, or 
 deposit, along the vein thereof, with all its dips, angles, and vari- 
 ations, as allowed by law, together with 115.12 feet on the west- 
 erly and 129 feet on the easterly side of the middle of said vein 
 at the surface, so far as can be determined from present develop- 
 ments, and all veins, lodes, ledges, or deposits, and surface 
 ground within the lines of said claim, 458 feet running N. 25° 06' 
 E. from face of discovery cut and 558 feet running S. 25° 06' W. 
 from face of discovery cut, said discovery cut being situate upon 
 said lode, vein, ledge, or deposit, and within the lines of said 
 claim, in Gold Brick mining district, county of Gunnison, and 
 State of Colorado, described by metes and bounds, as follows, 
 to wit: 
 
 Beginning at Corner No. 1, whence the NE. Cor., T. 50 N., R. 
 3 E. of N. M. P. M., bears N. 18° 53' 20" E. 9175.32 ft. Thence 
 N. 51° 45' W. 250.7 ft. to Cor. No. 2. Thence S. 25° 06' W. 1,016 
 ft. to Cor. No. 3. Thence S. 51° 45' E. 250.7 ft. to Cor. No. 4. 
 Thence N. 25° 06' E. 1,016 ft. to Cor. No. 1, the place of beginning 
 
 This being the same lode originally located on the 23d day 
 of April, 1890, and recorded on the 23d day of July, 1890, in 
 book 64, page 544, in the office of the recorder of Gunnison 
 County. This further and amended certificate of location is 
 made without waiver of any previously acquired rights, but for 
 the purpose of correcting any errors in the original location, 
 description, or record. 
 
SPECIMEN NOTES AND FORMS 333 
 
 The Noonday Tunnel Gold Mining and 
 
 Milling Company, [seal.] 
 By Edw. J. Brown, Secretary. 
 
 Said lode was discovered the 23d day of April A. D. 1890. 
 
 Attest: John Fbanklin. 
 
 Date of amended location May 7, 1906. 
 
 Date of amended certificate June 14, 1906. 
 
 [Brief] No. 108059. 
 
 AMENDED LOCATION CERTIFICATE 
 
 On the Matchless mining claim of the Noonday Tunnel Gold 
 Mining and Milling Company, in Gold Brick mining district, 
 Gunnison County, State of Colorado. 
 
 .do, 1 
 lison, \ 
 
 State or Colorado, 
 County of Gunnison, 
 I hereby certify that this amended location certificate was filed 
 for record in my office, at, 2 o'clock p. m., September 13, 1906, 
 and is duly recorded in book 179, page 66. 
 
 J. E. Brothers, Recorder. 
 Fees, % By F. W. Harper, Deputy. 
 
 State of Colorado, ] 
 County of GunnisonA ss ' 
 
 I, J. E. Brothers, county clerk and recorder in and for the 
 county of Gunnison, State aforesaid, do hereby certify that the 
 within and foregoing is a full, true, and correct copy of an 
 amended location certificate as the same appears in the records 
 of Gunnison County, in book 179, page 66. 
 
 Witness my hand and official seal at Gunnison, this 19th day 
 of November, 1906. 
 
 [seal.] J. E. Brothers, County Clerk and Recorder. 
 
 By F. W. Harper, Deputy. 
 
334 MINING LAW 
 
 ADDITIONAL AND AMENDED LOCATION CERTIFICATE, 
 LAW OF 1889 
 
 State of Colorado, ] 
 County of GunnisonA s ' 
 
 Know all men by these presents, That the Noonday Tunnel 
 Gold Mining and Milling Company, the undersigned, has this 
 4th day of June, 1906, amended, located, and claimed, and by 
 these presents does amend, locate, and claim, by right of the 
 original discovery and this additional and amended location cer- 
 tificate, in compliance with the mining acts of Congress, ap- 
 proved May 10, 1872, and all subsequent acts, and with section 
 2409 of the general statutes of Colorado, and with local customs, 
 laws, and regulations, 1,374 linear feet and horizontal measure- 
 ment on the Mascot lode, vein, ledge, or deposit, along the vein 
 thereof, with all its dips, angles, and variations, as allowed by 
 law, together with 150 feet on each side of the middle of said 
 vein at the surface, so far as can be determined from present 
 developments, and all veins, lodes, ledges, or deposits, and sur- 
 face ground within the lines of said claim, 610 feet running N. 
 25° 06' E. from mouth of discovery tunnel, and 764 feet running 
 S. 25° 06' W. from mouth of discovery tunnel, said discovery 
 tunnel being situate upon said lode, vein, ledge, or deposit, and 
 within the lines of said claim, in Gold Brick mining distrct, 
 county of Gunnison, and State of- Colorado, described by metes 
 and bounds as follows, to wit: 
 
 Beginning at Corner No. 1, whence the NE. Cor., T. 50 N., R. 
 3 E., of N. M. P. M. bears N. 16° 49' E. 8,976 ft. Thence N. 64° 
 54' W. 300 ft. to Cor. No. 2. Thence S. 25° 06' W. 1,374 ft. to 
 Cor. No. 3. Thence S. 64° 54' E. 300 ft. to Cor. No. 4. Thence 
 N. 25° 06' E. 1,374 ft. to Cor. No. 1, the place of beginning. 
 
 This being the same lode originally located on the 23d day of 
 April, 1890, and recorded on the 23d day of July, 1890, in book 
 64, page 543, in the office of the recorder of Gunnison County. 
 This further additional and amended certificate of location is 
 made without waiver of any previously acquired rights, but for 
 the purpose of correcting any errors in the original location, 
 
SPECIMEN NOTES AND FORMS 335 
 
 description, or record, and of taking in and acquiring all for- 
 feited or abandoned overlapping ground, and of taking in any 
 part of any overlapping claim which has been abandoned, and 
 of securing all the benefits of said section 2409 of the general 
 statutes of -Colorado. 
 
 Said lode was discovered the 23d day of April, A. D. 1890. 
 The Noonday Tunnel Gold Mining 
 [interest seal.] and milling company. 
 
 By Edw. J. Brown, Secretary. 
 Attest: John Franklin. 
 Date of additional and amended certificate June 14, A. D. 1906. 
 
 [Brief] No. 108060. 
 
 ADDITIONAL AND AMENDED LOCATION CERTIFICATE 
 
 On the Mascot mining claim of The Noonday Tunnel Gold 
 Mining and Milling Company in Gold Brick mining district, Gun- 
 nison County, State of Colorado. 
 
 State op Colorado, } 
 County of GtunnisonX 
 I hereby certify that this location certificate was filed for rec- 
 ord in my office, at 2 o'clock p. m., September 13, A. D. 1906, and 
 was duly recorded in book 179, page 576. 
 
 J. E. Brothers, Recorder. 
 By F. W. Harper, Deputy. 
 
 Fees, | 
 
 State of Colorado, 1 
 County of Ghinnison,( ss ' 
 
 I, J. E. Brothers, county clerk and recorder, in and for the 
 county of Gunnison, State aforesaid, do hereby certify that the 
 within and foregoing is a full, true, and correct copy of an 
 amended and additional location certificate as the same appears 
 in the records of Gunnison County, in book, 179, page 576. 
 
 Witness my hand and official seal at Gunnison, this 19th day 
 of November, 1906. 
 
 [seal.] J. E. Brothers, County Clerk and Recorder. 
 
 By F. W. Harper, Deputy. 
 
336 MINING LAW 
 
 AMENDED LOCATION CERTIFICATE, LAW OP 1889 
 
 State of Colorado, 
 County of Gunnison, 
 
 Know all. men by these pbesents, That The Noonday Tunnel,, 
 Gold Mining and Milling Company, the undersigned, has this 7th 
 day of May, 1906, amended, located, and claimed, and by these 
 presents does amend, locate, and claim, by right of discovery and 
 amended location certificate in compliance with the mining acts 
 of Congress, approved May 10, 1872, and with all subsequent acts, 
 and with section 2409 of the general statutes of Colorado, and 
 with local customs, laws, and regulations, 1,377 linear feet and 
 horizontal meaurement on the Noonday lode, vein, ledge, or 
 deposit, along the vein thereof, with all its dips, angles, and 
 variations, as allowed by law, together with 150 feet on each 
 side of the middle of said vein at the surface, so far as can 
 be determined from present developments, and all veins, lodes, 
 ledges, or deposits, and surface ground within the lines of said 
 claim, 675 feet running N. 14° 17' W. from center of discovery 
 shaft, and 702 feet running S. 14° 17' E. from center of discovery 
 shaft, said discovery shaft being situate upon said lode, vein, 
 ledge, or deposit, and within the lines of said claim, in Gold 
 Brick mining district, county of Gunnison, and State of Colo- 
 rado, described by metes and bounds, as follows, to wit: 
 
 Beginning at Corner No. 1, whence the NE. Cor., T. 50 N., R. 
 3 E., of N. M. P. M. bears N. 22° 42' E. 9,163.5 ft. Thence S. 68° 
 18' W. 301 ft. to Cor. No. 2. Thence S. 14° 17' E. 1,377 ft. to 
 Cor. No. 3. Thence N. 68° 18' E. 301 ft. to Cor. No. 4. Thence 
 N. 14° 17' W. 1,377 ft. to Cor. No. 1, the place of beginning. 
 
 This being the same lode originally located on the 24th day 
 of May, 1895, and recorded on the 1st day of August, 1895, in 
 book 132, page 53, in the office of the recorder of Gunnison 
 County, this further and amended certificate of location is made 
 without waiver of any previously acquired rights, but for the 
 
SPECIMEN NOTES AND FORMS 337 
 
 the purpose of correcting any errors in the original location, 
 description, or record. 
 
 Said lode was discovered on the 24th day of May, A. D. 1895. 
 
 The Noonday Tunnel Gold Mining 
 [seal.] and Milling Company, 
 
 By Edw. J. Brown, Secretary. 
 Attest: John Franklin. 
 Date of amended location May 7, 1906. 
 Date of amended certificate June 14, 1906. 
 
 [Brief] No. 108058. 
 AMENDED LOCATION CERTIFICATE 
 
 On the Noonday mining claim of The Noonday Tunnel Gold 
 Mining and Milling Company in Gold Brick mining district, Gun- 
 nison County, State of Colorado. 
 
 State of Colorado, 1 
 County of GunnisonA 
 
 I hereby certify that this, amended location certificate was filed 
 for record in my office at 2 o'clock p. m., September 13, 1906, and 
 is duly recorded in book 179, page 65. 
 
 J. E. Brothers, Recorder. 
 By F. W. Harper, Deputy. 
 Fees, $ 
 
 State of Colorado, 
 County of Gunnison, 
 I, J. E. Brothers, county clerk and recorder in and for the 
 county of Gunnison, State aforesaid, do hereby certify that the 
 within and foregoing is a full, true, and correct copy of an 
 amended location certificate as the same appears in the records 
 of Gunnison County, in book 179, page 65. 
 
 Witness my hand and official seal at Gunnison, this 19th day 
 of November, 1906. 
 
 [seal.] J. E. Brothers, County Clerk and Recorder. 
 
 By F. W. Harper, Deputy. ,, •/ 
 
338 MINING LAW 
 
 AMENDED LOCATION CERTIFICATE, LAW OF 1889 
 
 State of Colorado, ) 
 County of Gunnison A 
 
 Know all men by these presents, That The Noonday Tunnel 
 Gold Mining and Milling Company, the undersigned, has this 7th 
 day of May, 1906, amended, located, and claimed, and by these 
 presents does amend, locate, and claim, by right of discovery and 
 amended location certificate in compliance with the mining acts 
 of Congress, approved May 10, 1872, and with all subsequent acts, 
 and with section 2409 of the general statutes of Colorado, and 
 with local customs, laws, and regulations, 1,493.52 linear feet and 
 horizontal measurement on the Bryan lode, vein, ledge, or 
 deposit, along the vein thereof, with all its dips, angles, and 
 variations, as allowed by law, together with 150 feet on each 
 side of the middle of said vein at the surface, so far as can 
 be determined from present developments, and all veins, lodes, 
 ledges, or deposits, and surface ground within the lines of said 
 claim, 347 feet running N. 11° 55' W. from mouth of discovery 
 cut and 1,146.52 feef running S. 11° 55' E. from mouth of dis- 
 covery cut, said discovery cut being situated upon said lode, 
 vein, ledge, or deposit, and within, the lines of said claim, in 
 Gold Brick mining district, county of Gunnison and State of 
 Colorado, described by metes and bounds as follows, to wit: 
 
 Beginning at Corner No. 1, whence the NE. Cor., T. 50 N., R. 
 3 E., of N. M. P. M. bears N. 18° 05' E. 10,296.6 ft. Thence S. 
 68° 18' W. 301 ft. to Cor. No. 2. Thence S. 11° 55' E. 1,493.52 
 ft. to Cor. No. 3. Thence N. 68° 18' E. 301.00 ft. to Cor. No. 4. 
 Thence N. 11° 55' W. 1,493.52 ft. to Cor. No. 1, the place of 
 beginning. 
 
 This being the same lode originally located on the 14th day 
 of September, 1896, and recorded on the 17th day of September, 
 1896, in book 57, page 530, in the office of the recorder of Gun- 
 nison County. This further and amended certificate of location 
 
SPECIMEN NOTES AND FORMS 339 
 
 is made without waiver of any previously acquired rights, but 
 for the purpose of correcting any errors in the original location, 
 description or record. 
 
 Said lode was discovered the 5th day of September, A. D. 189G. 
 
 [Seal.] The Noonday Tunnel Gold Mining 
 
 and Milling Company. 
 By Edw. J. Brown, Secretary. 
 Attest: John Franklin. 
 Date pf amended location, May 7, 1906. 
 Date pf amended certificate, June 14, A. D. 1906. 
 
 [Brief] No. 108056. 
 
 AMENDED LOCATION CERTIFICATE 
 
 On the Bryan mining claim of The Noonday Tunnel Gold 
 Mining and Milling Company in Gold Brick mining district, Gun- 
 nison County, State of Colorado. 
 
 State of Colorado, 1 
 County of Gunnison A ss ' 
 
 I hereby certify that this amended location certificate was filed 
 for repprd in my office at 2 o'clock p. m., September 13, A. D. 
 1906, and is duly recorded in book 179, page 63. 
 
 J. E. Brothers, Recorder. 
 By F. W. Harper, Deputy. 
 Fees, $ 
 
 State qf Colorado, ] 
 County of GunnisonA ss ' 
 
 I, J. E- Brothers, county clerk and recorder in and for the 
 county qf Gunnison, State aforesaid, do hereby certify that the 
 within and foregoing is a full, true, and correct copy of an 
 amende location certificate as the same appears in the records 
 of Gupnjson County, in book 179, page 63. 
 
 Witness my hand and official seal at Gunnison, this 19th day 
 of Novfmber, 1906. 
 
 [seal.] J. E. Brothers, County Clerk and Recorder. 
 
 By F. W. Harper, Deputy. 
 
340 MINING LAW 
 
 AMENDED LOCATION CERTIFICATE, LAW OP 1889 
 State op Colorado, 
 
 County of Gunnison/ "" 
 
 Know all men by these presents, That The Noonday Tunnel 
 Gold Mining and Milling Company, the undersigned, has this 7th 
 day of May, 1906, amended, located, and claimed, and by these 
 presents does amend, locate, and claim, by right of discovery and 
 amended location certificate in compliance with the mining acts 
 of Congress, approved May 10, 1872, and with all subsequent acts, 
 and with section 2409 of the general statutes of Colorado, and 
 with local customs, laws, and regulations, 1,500 linear feet and 
 horizontal measurement on the Little Olive lode, vein, ledge, or 
 deposit, along the vein thereof, with all its dips, angles, and 
 variations, as allowed by law, together with 150 feet on each 
 side of the middle of said vein at the surface, so far as can 
 be determined from present developments, and all veins, lodes, 
 ledges, or deposits, and surface ground within the lines of said 
 claim, 510 feet running N. 7° 33' E. from center of discovery 
 shaft and 990 feet running S. 7° 33' W. from center of dis- 
 covery shaft, said discovery shaft being situate upon said lode, 
 vein, ledge, or deposit, and within the lines of said cjaim, in 
 Gold Brick mining district, county of Gunnison and State of 
 Colorado, described by metes and bounds as follows, to wit: 
 
 Beginning at Corner No. 1, whence the NE. Cor., T. 50 N., R. 
 3 E. of N. M. P. M., bears N. 23° 25' 20" E. 8,860.6 ft. Thence 
 N. 77° W. 291.72 ft. to Cor. No. 2. Thence S. 6° 28' W. 1,503 
 ft. to Cor. No. 3. Thence S. 77° E. 272.4 ft. to Cor. No. 4.- 
 Thence N. 7° 12' E. 1,500.92 ft. to Cor. No. 1, the place of be- 
 ginning. 
 
 This being the same lode originally located on the 21st day 
 of October, 1889, and recorded on the 7th day of November, 
 1889, in book 30, page 444, in the office of the recorder of Gun- 
 nison County. This further and amended certificate of location 
 
SPECIMEN NOTES AND FORMS - 341 
 
 is made without waiver of any previously acquired rights, but 
 for the purpose of correcting any errors in the original location, 
 description, or record. 
 
 Said lode was discovered the 24th day of October, A. D. 1889. 
 Lseal.] The Noonday Tunnel Gold Mining 
 
 and Milling Company. 
 By Edw. J. Brown, Secretary. 
 
 Attest: John Franklin. 
 
 Date of amended location, May 7, 1906. 
 
 Date of amended certificate, June 14, 1906. 
 
 [Brief] No. 108057. 
 
 AMENDED LOCATION CERTIFICATE 
 
 On the Little Olive mining claim of the Noonday Tunnel Gold 
 Mining and Milling Company in Gold Brick mining district, Gun- 
 nison County, State of Colorado. 
 
 State of Colorado, ) 
 County of GunnisonX ss ' 
 
 I hereby certify that this amended location certificate was filed 
 for record in my office at 2 o'clock p. m., September 13, 1906, and 
 is duly recorded in book 179, page 64. 
 
 J. E. Brothers, Recorder. 
 By F. W. Harper, Deputy. 
 State of Colorado, ) 
 County of. GunnisonX ss ' 
 I, J. E. Brothers, county clerk and recorder in and for the 
 county of Gunnison, State aforesaid, do hereby certify that the 
 within and foregoing is a full, true, and correct copy of an 
 amended location certificate as the same appears in the records 
 of Gunnison County, in book 179, page 64. 
 
 Witness my hand and official seal at Gunnison, this 19th day 
 of November, 1906. 
 
 [seal.] J. E. Brothers, County Clerk and Recorder. 
 
 By F. W. Harper, Deputy. 
 
342, MINING LAW 
 
 LOCATION OF MILL SITE 
 
 State of Colorado, ) 
 County of GunnisonA 
 Know all men by these presents, That The Noonday Tunnel 
 Gold Mining and Milling Company does hereby declare and pub- 
 lish as a legal notice to all the world that it has a valid right 
 to the occupation, possession, and enjoyment of all and singular 
 that tract or parcel of land, not exceeding five acres, situate, 
 lying, and being in Gold Brick mining district, in the county 
 of Gunnison, in the State of Colorado, bounded and described 
 as follows, to wit: 
 
 THE BRYAN MILL SITE. 
 
 Beginning at Cor. No. 1, whence the NE. Cor., T. 50 N., R. 3 
 E., bears N. 20° 15' E. 11,000 ft. Thence N. 5° E. 500 ft. Thence 
 N. 85° W. 435.6 ft. Thence S. 5° W. 500 ft. Thence S. 85" E. 
 435.6 ft. to Cor. No. 1, the place of beginning, containing 5 acres. 
 
 Together with all and singular the hereditaments and appur- 
 tenances thereunto belonging. 
 
 Witness its hand and seal this 7th day of May, 1906. 
 
 [seal.] The Noonday Tunnel Gold Mining and Milling Company. 
 By Edw. J. Brown, Secretary. 
 
 State of Colorado, ) 
 County of GunnisonA ss ' 
 I. J. E. Brothers, county clerk and recorder, in and for the 
 county of Gunnison, State aforesaid, do hereby certify that the 
 within and foregoing is a full, true, and correct copy of a loca- 
 tion certificate as the same appears in the records of Gunnison 
 County, in book 180, page 76. 
 
 Witness my hand and official seal at Gunnison, this 19th day 
 of November, 1906. 
 
 [seal.] J. e. Brothers, 
 
 County Cleric and Recorder. 
 By P. W. Harper, Deputy. 
 
SPECIMEN FIELD NOTES AND FORMS • 343 
 
 [4—687.] 
 
 SURVEYOR-GENERAL'S CERTIFICATE OF APPROVAL OF 
 FIELD NOTES AND SURVEY OF MINING CLAIM 
 
 Department of the Interior, 
 Office of U. S. Surveyor-General, 
 
 19... 
 
 I, United States surveyor-general for , do hereby certify 
 
 that the foregoing and hereto attached field notes and return of 
 
 the survey of the mining claim of known as the , 
 
 situate in mining district, County, in sec- 
 tion township No Range No , designalod 
 
 as survey No , executed by , U. S. mineral surveyor, 
 
 , 19. ., under my instructions dated , 19. ., have been 
 
 critically examined and the necessary corrections and explana- 
 tions made, and the said field notes and return, and the survey 
 they describe, are hereby approved. A true copy of the copy of 
 the location certificates filed by the applicant for survey is in- 
 cluded in the field notes. 
 
 U. S. Surveyor-General for 
 
344 . MINING LAW 
 
 L4— 688.] 
 
 UNITED STATES SURVEYOR-GENERAL'S FINAL CERTIFI- 
 CATE ON FIELD NOTES 
 
 Department of the Interior, 
 Office of U. S. Surveyor-General, 
 
 19.... 
 
 I, United States surveyor-general for , do hereby certify 
 
 that the foregoing transcript of the field notes, return, and ap- 
 proval of the survey of the mining claim of , known as 
 
 the , situate in mining district, County, 
 
 , in section township No , range No , 
 
 and designated as survey No , has been correctly copied 
 
 from the originals on file in this office; that said field notes fur- 
 nish such an accurate description of said mining claim as will, 
 if incorporated into a patent, serve fully to identify the prem- 
 ises, and that such reference is made therein to natural objects 
 or permanent monuments as will perpetuate and fix the locus 
 thereof. 
 
 And I further certify that five hundred dollars' worth of labor 
 has been expended or improvements made upon said mining claim 
 by claimant or grantors and that said improvements con- 
 sist of and that no portion of said labor or improvements 
 
 has been included in the estimate of expenditure upon any other 
 claim. 
 
 I further certify that the plat thereof, filed in the United States 
 Land Office at is correct and in conformity with the fore- 
 going field notes. 
 
 United States Surveyor-General for 
 

 O 
 
 O 
 
 3 
 O 
 
 -*m7°7ns*3 r w. 
 
 ty. aov MIL Z FOST 
 
 e i O.B' 6 - 
 
 W\ 
 
 omine 
 
INDEX 
 
 Page. 
 A 
 
 Acts of Congress Subse- 
 quent to Revised Stat- 
 utes 207 
 
 Adverse by Co-owner. .129,132 
 Claims, Annual Labor... 257 
 
 Contents 126, 264 
 
 During Patent Proceed- 
 ings 71, 73 
 
 Or Protest, Which Neces- 
 sary 129, 132 
 
 Proceedings on 199 
 
 Time Allowed for Pil- 
 ing 126, 128, 265 
 
 Where filed 127 
 
 Verified by Agent 211 
 
 Report by Mineral Ex- 
 aminer 120 
 
 Results ^ .128' 
 
 Affidavit of Citizenship.... 
 
 196, 211, 261 
 
 Verification 204 
 
 Agricultural Claims, Apex 
 
 Rights 143 
 
 Entry on Coal Lands. .. .152 
 
 On Lode Claim 250 
 
 Lands Judged as 268 
 
 Mineral Location on... 30 
 Agriculture, Department of . 272 
 Alabama and Mining Laws. 211 
 Alaska: 
 
 Adverse Claims 128, 235 
 
 Affidavits 232 
 
 Annual Improvements. . .232 
 
 Civil Government 222 
 
 Dyea, Records Legalized. 223 
 
 Forfeiture 233 
 
 Instruments, Where Re- 
 corded 222 
 
 Page. 
 
 Miners' Laws 223 
 
 Mining Laws and Stat- . 
 
 utes 18, 179, 212 
 
 Performance of Work... 232 
 
 Permits Void 224 
 
 Provision Reserving Road- 
 way 224 
 
 Rights to Citizens of 
 
 Canada 221, 271 
 
 Saline Laws 247 
 
 Staking 59, 61 
 
 Timber and Stone Act... 154 
 Timber, Use by Locator. 157 
 Time Allowed for Advers- 
 
 ing 118 
 
 For filing location No- 
 tice 48 
 
 For Filing Proof of 
 
 of Labor 74 
 
 Aliens, Rights of 38 
 
 Amended Location 63 
 
 Specimen Form 332 
 
 Survey 282, 308 
 
 Annual Labor and Patent 
 
 Work 135 
 
 Between Rival Claimants .257 
 Failure to Perform. . .76, 242 
 Lode Claims, Amount Re- 
 quired 67, 70 
 
 On Group 67, 136 
 
 Pending Patent Pro- 
 ceedings 70 
 
 What Counted as 68 
 
 Work Rejected as 69 
 
 Oil Claims 136, 226 
 
 On Claims Held by Pos- 
 sessory Right 109 
 
 Placer Claims 87, 245 
 
 Relocation to Avoid. .65, 137 
 
 347 
 
348 
 
 INDEX 
 
 Page. 
 
 Resumption 76 
 
 Unpatented Claims 210 
 
 Apex Law, Substance of 
 (see also Extralat- 
 
 eral) 138, 140 
 
 Rights, Agricultural 
 
 Claim 143 
 
 Blanket Vein 144 
 
 Intersecting and Unit- 
 ing Veins 144 
 
 Origin of 139 
 
 Secondary Vein 142 
 
 Senior Locator 143 
 
 Appeal to Commissioner of 
 
 Land Office 310 
 
 Appendix A, Digest of State 
 
 Statutes 179 
 
 Appendix B, Statutes and 
 
 Regulations 195 
 
 Appendix C, Instructions for 
 Survey of Mineral 
 
 Lands 285 
 
 Application for Patent, Lode 
 
 Claim 117, 210, 248 
 
 Lodes Within Placers. ,,.. 123 
 
 On Surveyed Claims 122 
 
 Rights Pending 201 
 
 Application for Patent, 
 
 Placer Claim 258 
 
 Appropriation (see Water). 
 Arizona, Mining-Law State. 18 
 San Carlos Indian Reser- 
 vation 219 
 
 Staking Lode Claim 60 
 
 Statutes Regarding Min- 
 eral Location 179 
 
 Timber and Stone Act... 154 
 Use by Locator. . .156, 158 
 Time Allowed for Filing 
 
 Location Notice .... 48 
 Filing Proof of Labor. 74 
 Staking Lode Claim... 62 
 
 Water Laws 170, 173, 174 
 
 Arkansas and Mining Laws 18 
 Authority of Land Depart- 
 ment 10, 17 
 
 Page. 
 Authorities on -Mining Law. 12 
 
 Bitter Root Valley, Mining 
 
 Laws 233 
 
 Blackfeet Indian Reserva- 
 tion. Mining Laws... 218 
 
 Boundaries, Changing of... 63 
 
 Brick Clay Under Agricul- 
 tural Entry 90 
 
 Building Stone Under Placer 
 
 Entry. 88, 95,154, 215, 244 
 
 C 
 
 California, a Mining-Law 
 
 State 18 
 
 Relocation to Avoid An- 
 nual Labor 65 
 
 Staking 59 
 
 Statutes Regarding Min- 
 eral Locations 180 
 
 Timber, Use by Locator. 157 
 Time Allowed for Filing 
 
 Location Notice 48 
 
 Filing Proof of Labor. 74 
 
 Staking 61 
 
 Water Laws 170, 173, 174 
 
 Certificate of Labor 255 
 
 Circular to Applicants for 
 
 Survey 306 
 
 Charges for Survey 112 
 
 Citizenship, Proof of 
 
 196, 211, 261 
 Claims (see also Oil, Lode, 
 Location, and Placers). 
 Claims, Changing of Boun- 
 daries 63 
 
 Description of 201, 240 
 
 Group 57, 67, 91, 136 
 
 Maximum Size of Lode. 52, 62 
 
 Shape of Lode 53 
 
 Staking of Lode 48, 306 
 
 Classification of Lands. 30, 268 
 
 What Is Mineral 35 
 
 Placer 87 
 
 Lode 88 
 
INDKX 
 
 349 
 
 Page. 
 Coal Land, Agricultural 
 
 Entry on 152 
 
 Basis of Valuation 149 
 
 Claims, Maximum Size.. 146 
 
 When Filed 14 6 
 
 Who May Enter.. 146, 148 
 Methods for Purchasing. 148 
 Railroad Grants Contain- 
 ing 34 
 
 Coeur d'Alene Indian Lands, 
 Coal and Oil De- 
 posits 232 
 
 Colorado, Mining-Law 
 
 State 18 
 
 Size of Lode Claims 52 
 
 ■ Staking 60 
 
 Statutes Regarding Min- 
 eral Locations 182 
 
 Timber, Authority to Fell. 209 
 Use by Locators. .. .156, 158 
 Time for Filing Location 
 
 Notice 48 
 
 Filing Proof of Labor. 74 
 
 Staking 62 
 
 Water Laws 169, 170, 174 
 
 Commissioner of the Gen- 
 eral Land Office 
 
 16,' 287, 310 
 Conflicting Claims. .40, 56, 308 
 Apex Right to Senior Lo- 
 cator 143 
 
 Changing Boundaries.... 63 
 Failure to Perform An- 
 nual Labor 78 
 
 Co-owner, Adverse by. 129, 132 
 
 Delinquent 242 
 
 Forfeiture by 78 
 
 Protest Rights 130, 132 
 
 Corners, Material and Mark- 
 ing 278, 296 
 
 Tying 276 
 
 Witness 279 
 
 Costigan's American Min- 
 ing Law 12 
 
 Courts and Land Office.... 17 
 Customs of Miners 10 
 
 Page. 
 D 
 
 Decisions 12 
 
 Deputy Mineral Surveyor. . 
 
 112, 115, 124 
 Description of Claim.. 201, 240 
 Discovery Necessary in 
 
 Group Claims 58 
 
 Monument 44 
 
 Shaft 241 
 
 What Is 40, 44 
 
 Work 45 
 
 E 
 
 Exa.mination of Survey. ... 26 
 
 Expenditure 119, 281, 299 
 
 Extralateral Rights (see 
 
 also Apex)... 55, 94, 109 
 
 P 
 
 Fee for Filing Applica- 
 tions 118, 267 
 
 For Survey 112, 307 
 
 Field Notes, Form 274, 298 
 
 Specimen 311 
 
 Lode Claim 280 
 
 Placer Claim 283 
 
 Service of Land Office. 17, 42 
 
 Field, Stephen, Cited 14 
 
 'Final Entry' Papers 119 
 
 Florida and Mining Laws.. IS 
 
 Forest Reserves 29, 220 
 
 Egress and Ingress of 
 
 Settlers 220 
 
 Land Restored to Public 
 
 Domain 221 
 
 Location on 29, 161 
 
 Mineral Lands Within... 271 
 Timber Used by Locator. 163 
 
 Townsites on 161 
 
 Forest Service, Purposes of . 163 
 Forfeiture by Failure to 
 
 Do Annual Labor. ... 76 
 Fort Belknap Indian Reser- 
 vation, Mineral Laws. 218 
 Fraction of Claim, Loca- 
 tion of 57 
 
350 
 
 INDEX 
 
 Page. 
 G 
 
 Grant of Land to States or 
 
 Corporations 207 
 
 Group Claims, Annual La- 
 bor on 67, 91, 136 
 
 Expenditure 136, 300 
 
 Location 57 
 
 Growth of Mining Law... 13 
 
 H 
 
 History of Mining Ijaw. ... 9 
 Homestead Claim, Location 
 
 on 30 
 
 Right to Cut Timber. .. .159 
 Subject to Water Right. .206 
 
 I 
 
 Idaho, Mining-Law State.. 18 
 
 Railroad Grants 254 
 
 Statutes Regarding Min- 
 eral Locations 183 
 
 Timber, Use by Locator. 
 
 156, 158 
 Time for Filing Location 
 
 Notice 48 
 
 Filing Proof of Labor. 74 
 
 Staking 62 
 
 Water Laws 170, 174 
 
 Improvements (see Annual 
 Labor, Expenditures). 
 Indian Reservations, Loca- 
 tion on 29 
 
 Intersecting Veins 204 
 
 Iron Ore in Railroad Grants 34 
 
 J 
 
 Joint Survey 282, 302 
 
 K 
 Kansas and Mining Laws.. 208 
 
 L 
 
 Land, Classification ...268, 270 
 Department, Authority of 
 
 10, 17 
 
 Page. 
 
 Location by Officers of 
 
 39, 305 
 Restriction of Officers 
 
 290, 309 
 
 Districts 16, 206 
 
 Office Regulations 239 
 
 Restored to Public Do- 
 main 221 
 
 Length of Claims on Veins 
 
 and Lodes 195 
 
 Lieu Lands 33 
 
 Lindley on Mines 12 
 
 Local Land Offices 16 
 
 Location, Amended 63 
 
 Specimen Form 332 
 
 By Agent 38 
 
 By Employees of Land 
 
 Office 39 
 
 Law, Suggested Changes 
 
 in 108 
 
 Lode Claim 40 
 
 Method of Staking. .. .59, 61 
 Necessary Before Survey 
 
 292, 306 
 
 Notice 47, 241 
 
 Contents 48 
 
 Posting 51 
 
 Time for Filing 48 
 
 Tunnel-Site ., 102 
 
 Of Fraction 57 
 
 Of Group 57 
 
 Of Tunnel-Site 101 
 
 On Homestead Entry... 30 
 Indian Reservation.... 29 
 
 Lieu Lands 33 
 
 Railroad Grants 34 
 
 School Sections 32 
 
 Tide-Lands 30 
 
 Timber and Stone En- 
 tries 30 
 
 Townsite Reservations 34 
 Withdrawn Lands... 29, 36 
 
 Placer Claim 86 
 
 Where Made 28 
 
 Who May Make 38 
 
 Locators' Rights 196 
 
INDEX 
 
 351 
 
 Page. 
 Lode and Millsite Claims 
 
 Combined 280, 298 
 
 Lode Claim: 
 
 Annual Labor 70, 242 
 
 And Adverse Claim- 
 ants 257 
 
 On Group 67 
 
 Pending Patent Pro- 
 ceedings 70 
 
 Apex Law 138 
 
 Origin of 139 
 
 Rights to Blanket Vein. 144 
 To Intersecting and 
 
 Uniting Veins 144 
 
 To Secondary Vein.. 142 
 To Senior Location. .143 
 Application for Patent 
 Procedure: 
 
 Adverse 257 
 
 Agricultural Entry. .'. 250 
 Final Entry Papers... 
 
 117, 119 
 
 Posting of Notice 252 
 
 Protest 256 
 
 Publication of Notice. .254 
 
 Purchase of Land 256 
 
 Railroad Grants 254 
 
 Survey and Approval. . 
 
 Ill, 248 
 Valuation of Labor.... 
 
 256, 299 
 
 Certificate of Labor 255 
 
 Changing Boundaries.... 63 
 
 Conflicting 56, 78, 308 
 
 Delinquent Co-owners. .. 242 
 
 Description of 240 
 
 Discovery Shaft 241 
 
 Expenditure 119, 281, 299 
 
 Fraction, Location of... 57 
 
 Group, Location of 57 
 
 Including Millsite 260 
 
 Location Notice 241 
 
 Maximum Size... 52, 239, 292 
 Philippine Mining Laws. 140 
 Resumption of Work.... 76 
 Shape 53, 292 
 
 Page. 
 Specimen Field Notes... 311 
 
 Staking 48, 59, 61, 292 
 
 Tunnel-Location Notice. 244 
 
 Tunnel Rights 243 
 
 Who May Locate 239 
 
 Work Rejected as An- 
 nual Labor 69 
 
 Lodes Cut in Tunnel Work. 103 
 Within Placers ..95, 98, 100 
 123, 125, 245, 259, 280 
 What Deposits Classified 
 
 as 88 
 
 Louisiana and Mining Law. 18 
 
 M 
 
 Martin's Mining Law and 
 
 Land Office Procedure 12 
 
 Mexican, Land Grants 34 
 
 Michigan Entry Laws 207 
 
 Military and National Park 
 
 Reservations 29 
 
 Millsite, Annual Labor 84 
 
 Extent 83 
 
 Located for Use of 
 
 Water 170 
 
 Patenting 125 
 
 Within Lode Claim 
 
 260, 280,. 298 
 Mineral Examiner, Report 
 of Survey of Adverse 
 
 Claim 120 
 
 Inspector 17 
 
 Lands Open to Purchase. 195 
 Open to Homestead. . . .206 
 Set Apart as Agricul- 
 tural 206 
 
 What Are 35, 268 
 
 Surveyor. . .124, 272, 274, 287 
 
 Instructions to 289 
 
 Miners' Regulations ....9, 197 
 Mining Law, Authorities on 12 
 
 Growth of 13 
 
 Origin of 9 
 
 Provisions of 12 
 
 States 18 
 
 Records Lost 253 
 
INDEX 
 
 Page. 
 
 Minnesota Entry Laws 207 
 
 Mississippi and the Mining 
 
 Law 18 
 
 Missouri Excluded from Op- 
 eration of Mineral 
 
 Laws 208 
 
 Montana, Blackfeet Indian 
 
 Reservation 218 
 
 Fort Belknap Reserva- 
 tion 218 
 
 Mining-Law, State 18 
 
 Railroad Grants 254 
 
 Staking 60 
 
 Statutes Regarding Min- 
 eral Locations. ... .__. .184 
 Timber, Use by Locator. 
 
 156, 158 
 Time Allowed for .Filing 
 
 Location Notice 48 
 
 Filing Proof of Labor. 74 
 
 Staking Claim 62. 
 
 Water Laws 170, 173, 175 
 
 Monuments 18, 277 
 
 Marking on 22, 60 
 
 Material for 60, 114 
 
 To Govern Descriptions. . 201 
 
 Where Required 59 
 
 Morrison's Mining Rights. . 12 
 
 Nevada, Mining-Law State. 18 
 
 Staking 60 
 
 Statutes Regarding Min- 
 eral Locations 186 
 
 Timber, Use By Locators 
 
 156, 158, 209 
 Time Allowed for Filing 
 
 Location Notice 48 
 
 Filing Proof of Labor. 74 
 
 Staking 62 
 
 Water Rights. . .170, 174, 175 
 New Mexico, Mining-Law 
 
 State 18 
 
 Slaking 59 
 
 Statutes Regarding Min- 
 eral Locations 188 
 
 Page. 
 Timber and Stone Act.. 154 
 Use by Locator. .. 156, 158 
 Time Allowed for Filing 
 
 Location Notice .... 4 8 
 Filing Proof of Labor. 74 
 
 Staking 61 
 
 Water Rights.. 170, 174, 175 
 Newspaper Publication 
 
 Rates 266 
 
 North Dakota, Maximum 
 
 Size Lode Claims.... 52 
 
 Mining-Law State 18 
 
 No Proof of Labor 74 
 
 Staking 60 
 
 Statutes Regarding Min- 
 eral Locations 190 
 
 Timber, Use by Locator 
 
 156, 158 
 Trme Allowed for Filing 
 
 Location Notice 48 
 
 Staking t>2 
 
 Water Laws. .. .17-0, 174, 175 
 Notice of Location, Con- 
 tents (lode) 48 
 
 Placer 8fi 
 
 Posting 51 
 
 Time for Filing 48 
 
 O 
 
 Oil-Mining Claims, Annual 
 
 Labor : 136, 226 
 
 As Placer 88, 96, 219 
 
 Patent Work 136 
 
 Protection of Locators.. 
 
 237, 244 
 Oklanoma and Mining Law 18 
 
 Wichita Lands 217 
 
 Oregon, Mining-Law State. 18 
 
 No Proof of Labor 74 
 
 Staking 60 
 
 Statutes Regarding Min- 
 eral Locations 190 
 
 Timber, Use by Locators. 157 
 Time Allowed for Filing 
 
 Location Notice 48 
 
INDEX 
 
 353 
 
 Page. 
 
 Staking 62 
 
 Water Laws. .. .170, 174, 176 
 
 Patent, Annual Labor Pend- 
 ing 170 
 
 Application as Trustee.. 257 
 
 Double 110 
 
 Group of Claims 136 
 
 How Obtained 106 
 
 Lodes Within Placers. . .122 
 
 Millsite Claim 125 
 
 Nonmineral Lands 205 
 
 Procedure for Lode Claim 
 
 47, 70, 248 
 Procedure for Placer 
 
 Claim 122, 203, 258 
 
 Survey for Lode Claim.. 
 
 Ill, 125 
 
 Protest 131 
 
 Subject to Water Rights. 206 
 To Conform to Official 
 
 Monuments 201 
 
 To Break 29, 32 
 
 When Obtained 108 
 
 Work 134 
 
 Petroleum (see also Oil). 
 Statutes Governing in 
 
 New Mexico 190 
 
 Washington 193 
 
 Philippine Islands and Min- 
 ing Law ' 18 
 
 Prohibition of Apex 
 
 Rights 140 
 
 Placer Claims, Annual La- 
 bor on 87, 91, 245 
 
 Application for Patent.. 
 
 122, 258 
 
 Building Stone 
 
 88, 95, 154, 215, 244 
 Conformity to Surveys.. 
 
 201, 246 
 
 Discovery Necessary 244 
 
 Group 91 
 
 Individual Claims United 94 
 Legal Subdivisions. .. .19, 92 
 
 Page. 
 
 Location 86 
 
 Lodes Within 95, 98, 123 
 
 125, 245, 259, 280 
 Mineral Surveyor's Re- 
 port 124, 283, 304 
 
 Petroleum Entry 219 
 
 Price of Claims 258 
 
 Saline Lands 247 
 
 Shape and Size.. 90, 202, 246 
 
 Staking 29, 94 
 
 Survey for Patent.. Ill, 122 
 
 Ten-Acre Tracts 245 
 
 Unsurveyed Lands, Claims 
 
 on 92 
 
 What Deposits Are Con- 
 sidered as 87 
 
 Possession, Evidence of... 202 
 Possessory Right.. 13, 108, 263 
 Posting Application for Pat- 
 ent Notice 117 
 
 Lode Location Notice. 51, 252 
 Pre-emption Subject to 
 
 Water Rights 206 
 
 Proof of Citizenship 
 
 196, 211, 261 
 
 Of Labor 74, 215 
 
 Of Possessory Right.... 263 
 
 Protest .' 431 
 
 After Issuing Patent .... 109 
 .Before Issuing Patent. . . 
 
 28, 31, 36, 256 
 
 By Co-owner 129, 132 
 
 By Government 120 
 
 By Relocator 133 
 
 Contents 126, 131 
 
 During Patent Proceed- 
 ings 71, 73 
 
 Or Adverse, Which Neces- 
 sary 129, 132 
 
 Timber and Stone Act... 155 
 
 Time for Filing 126 
 
 When Necessary 130 
 
 Provisions of Mining Law. 12 
 
 Public Land 16 
 
 Classification of 30. 35 
 
 Publication of Notice 254 
 
354 
 
 INDEX 
 
 Page. 
 R 
 
 Railroad Grants 34, 254 
 
 Raven Mining Company. . .226 
 Registers and Receivers... 
 
 16, 250, 267 
 Regulations of Land Office. 239 
 
 Relocation 63 
 
 During Patent Proceed- 
 ings 72 
 
 To Avoid Annual Labor. 
 
 65, 136 
 
 Relocator. Protest by 133 
 
 Repayment of Deposits for 
 
 Surveys 234 
 
 Report of Mineral Survey- 
 ors 124 
 
 Reservation of Mineral 
 
 Lands 195 
 
 Rickett's Manual of Ameri- 
 can Mining Law 12 
 
 Right of Way for Ditches 
 and Canals Construct- 
 ed 213 
 
 Riparian Rights, Substance 
 
 of (see also Water). 167 
 
 S 
 
 San Carlos Indian Reserva- 
 tion 219 
 
 Sand and Gravel Under Ag- 
 ricultural Entry 90 
 
 Sale, Conditions Made by 
 
 Local Legislature. .. .205 
 
 Saline Lands... 88, 95, 225, 247 
 
 School Sections, Location on 32 
 
 Scope of State Statutes.... 11 
 
 Secondary Vein, Apex 
 
 Rights 142 
 
 Shamel's Mining, Mineral, 
 
 and Geological Law. 12 
 
 Snyder's Mines and Mining. 12 
 
 South Dakota, Maximum 
 
 Size Lode Claims.... 52 
 
 Mining-Law State 18 
 
 No Proof of Labor Neces- 
 sary , 74 
 
 Page. 
 
 Staking 60 
 
 Statutes Regarding Min- 
 eral Locations 191 
 
 Timber, Use by Locators 
 
 156, 158 
 Time Allowed for Filing 
 
 Location Notice .... 48 
 
 Staking 62 
 
 Water Laws 170, 174, 176 
 
 Special Agents of Land 
 
 Office 17, 120 
 
 Staking, Lode Claim. 48, 59, 61 
 Necessary Before Survey.292 
 
 Tunnel-Site 103 
 
 State Statutes, Subordinate 11 
 Stone Located Under Placer 
 
 Entry 154 
 
 Substance of Mining Law. . 13 
 Survey, Amended. 282, 303, 308 
 Conformity of Placer 
 
 Claims to 201 
 
 Corners 276, 279, 296 
 
 Errors in 282, 302, 308 
 
 Examination of 26 
 
 . Field Notes 274, 298, 304 
 
 Instruments 276, 293 
 
 Method and Instructions 
 
 275, 290 
 
 Monumenting 277 
 
 Lode Claim Ill, 248, 251 
 
 Orders, ApplicanLs for... 306 
 
 Placer Claim 122, 304 
 
 Public Land 16, 19 
 
 Restriction of Officers... 
 
 274, 290 
 Specimen Field Notes... 311 
 Surveyors, Appointment... 
 
 203, 266, 286 
 
 Surveyor s Bond 267 
 
 Surveyor-General 16, 111 
 
 118, 203, 249, 256, 273, 286 
 Sutro Tunnel-Rights 206 
 
 T 
 
 Texas Not a Mining-Law 
 
 State 18 
 
1NDKX 
 
 i555 
 
 Page. 
 Tide-Lands, Location on... 30 
 Timber and Stone Entries. 
 
 35, 154 
 Timber, Application to Cut. 157 
 
 On Forest Reserves 163 
 
 On Homestead Claim.... 159 
 
 On Mineral Land 
 
 156, 158, 1G3, 220 
 
 On Public Domain 209 
 
 Use of by Foreign Cor- 
 poration 159 
 
 Title in Action Brought ... 210 
 Townsite on Mineral Land. 
 
 34, 214 
 
 On Forest Reserves 161 
 
 Trustee, Application as.... 257 
 Tunnel Location. Rights... 
 
 101, 197, 243 
 
 Expenditures 208 
 
 Extent 101 
 
 Notice 244 
 
 Requirements of Notice 
 
 and Staking 102 
 
 Work 105 
 
 V 
 
 Uintah and White River 
 
 Utes, Reservations. .225 
 Uncompahgre Indian Reser- 
 vation 227 
 
 Utah, Mining-Law State . . 18 
 
 Staking '.59 
 
 Statutes Regarding Min- 
 eral Locations 192 
 
 Timber, Use by Locators 
 
 156, 158 
 Time Allowed for Filing 
 
 Location Notice 48 
 
 Filing Proof of Labor. 74 
 
 Staking 61 
 
 Water Rights. .. 170, 173, 176 
 V 
 Valuation of Coal Lands.. 149 
 
 Veins, Intersecting 204 
 
 Blanket 144 
 
 Washington, JVrining-Law 
 
 Page. 
 
 State 18 
 
 Staking 60 
 
 Statutes Regarding Min- 
 eral Locations 192 
 
 > Timber, Use by Locators. 157 
 Time Allowed for Filing 
 
 Location Notice IN 
 
 Filing Proof of Labor. 74 
 
 Staking 62 
 
 Water Laws 170, 173, 176 
 
 W 
 
 Water Appropriation, Meth- 
 od of 173 
 
 Who May Make 169 
 
 Dual System of Rights. .168 
 
 Failure to Use 173 
 
 On Millsite 170 
 
 Right, Ditch or Reservoir 
 
 170 
 Underground Stream.. 170 
 
 Vested 205 
 
 Substance of . Appropria- 
 tion Rights 166 
 
 Of Riparian Rights 167 
 
 Wichita Lands, Oklahoma. 217 
 Wind River Indian Reser- - 
 
 vation 234 
 
 Wisconsin Entry Laws.... 207 
 Withdrawal of Land by 
 
 President 30. 
 
 AVithdrawn Land, Location 
 
 on 29 
 
 Witness Corners 279 
 
 Wyoming, Mining-Law 
 
 State is 
 
 Staking 60 
 
 Statutes Regarding Min- 
 eral Locations 194 
 
 Time for Filing Location 
 
 Notice 48 
 
 Filing Proof of Labor. 74 
 
 Staking . 62 
 
 Timber. Use by Locator. . 
 
 156, 158 
 Water Rights. . .170, 173, 177 
 

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