MIXING LAW. 



555 



sion, but -without prejudice to any liens that have 

 already attached prior to the issue of the patent. The 

 last ot the five M -',333. refers to the pat- 



enting of placer claims where a lode or vein is found 

 within the boundaries. It' the application for the pat- 

 ent includes this vein or lode, then the applicant mu>t 

 pay five dollars an acre for such vein or lode claim, 

 and twenty-five feet of surface on each side thereof; 

 the remainder of the placer claim to be paid for at the 

 rate of two dollars -and a half au acre, together with 

 all costs of the proceeding. It also provides, that, 

 where a vein or lode is known to exist within the 

 bounds of a placer claim, an application for a patent 

 not including the vein or lode claim is construed to 

 amount to a waiver of all right to possession of the 

 lode claim. The rule is otherwise it the lode claim is 

 not known to exist. In such case, the placer claim car- 

 ries with it all subsequently discovered valuable min- 

 eral deposits. The remaining sections of the title 

 other than sections 2,336, 2.337, and 2.333 refer to the 

 appointment, duties, and fees of deputy surveyors, 

 the form of affidavits and proofs, reservation of home- 

 steads, segregation of agricultural lands, creation of 

 land districts by the President, and exemption of min- 

 erals from all State and railroad grants, and all vested 

 rights then existing. Section 2,336 provides that pri- 

 ority of title shall govern when two or more veins in- 

 tersect or cross each other, and gives the prior locator 

 all ore or mineral contained within the space of inter- 

 section, but grants sublocators a right of way for ex- 

 ploitation, and where two veins unite, the vein below 

 the point of union is given to the prior locator. Sec- 

 tion 2,337 provides tor the acquisition by the owner 

 of a claim in a manner similar to that provided for the 

 location of the claim of adjacent lands not to exceed 

 five acres for the purposes of a mill-site, at the same 

 price per acre that was paid for his claim, an'.; 

 owners of quartz-mills or reduction-works not owning 

 a mine in connection therewith, a similar privilege. 

 Section 2.33? provides that the local legislatures, in 

 the absence ot Federal legislatio_n, may provide suit- 

 able regulations for working-mines, involving ease- 

 ments, clrainase, and other means for their develop- 

 ment to be fully expressed in the patent. 



State Legislation. After the incorporation of 

 the mining laws into the Revised Statutes, vari- 

 ous States and Territories, in conformity with 

 the privilege granted them by section 2,338, 

 passed laws relating to the working and drain- 

 age of mines, and also to such matters as are ne- 

 cessary to their complete development and pres- 

 ervation. Laws were also passed relating to the 

 management of mines, transfer and mortgage 

 of mining rights, formation of mining com- 

 panies, etc. So far as the location of mines is 

 concerned, most of the acts are mere re-enact- 

 ments of the Federal statutes. Among the 

 States and Territories that possess such local 

 legislation are Arizona, California, Colorado, 

 Dakota, Idaho, Minnesota, Montana, Nevada, 

 New Mexico, Oregon, Utah, Washington, and 

 Wyoming. A convenient compilation of these 

 laws is found in Copp's " American Mining 

 Code" (Washington, 1886) and in Wade's 

 "American Mining Law" (St. Louis, 1882). 

 A complete compilation, by Clarence King, is 

 found in vol. xiv of the tenth census (Wash- 

 ington, 1885). Certain of the States have 

 appointed executive officers or commissioners 

 to look after the mining interests in those 

 States, and the Constitutions and revised 

 statutes of certain States provide for the 

 exercise of the general police power of the 



State over all mines. Pennsylvania has a gen- 

 eral regulative a. in 1870. Kut:: 

 of Congress are of paramount authority, super- 

 sede local laws and regulations upon tin- - 

 subject, and abrogate all those in conflict there- 

 with, so far a> they concern mineral lands upon 

 the public domain. This has been distinctly 

 held by the United States Supreme Court, iii 

 Basey rs. Gallaghear, 20 Wallace 1 .- He-ports, 

 670. Miners' customs and regulations, once 

 adopted, are presumed to be in force until the 

 contrary is proved. A compilation of the va- 

 rious laws of eastern States relative to mines 

 and mining is found in Day's "Mineral lie- 

 sources of the United States for 18*f." pub- 

 lished by the U. S. Geological Survey i VV a >h- 

 ington, 18S7j. 



Con*trnftion of the Law. The principal sections 

 of the existing laws under which controversies 

 have arisen, calling for a construction of the 

 same by the courts, are as follow : 1. Section 

 2,320, relating to the dimensions of claims. 2. 

 Section 2.322. the apex section. 3. Section 

 2.324, relating to location and annual labor. 4. 

 Section 2.333, relating to placer claims con- 

 taining veins or lodes within their boundaries. 

 The remaining sections have received judicial 

 interpretation. 



Location and Discovery. The status of locators 

 and patentees of lodes, as far as their rights of 

 possession and enjoyment are concerned, is 

 practically the same that it was formerly, with 

 all claims other than placer claims. The law- 

 requires locations to be made along the lode or 

 vein lengthwise of its course, at or near the 

 surface. Each locator is entitled to follow the 

 dip of the lode or vein to an infinite depth, 

 within the planes passing vertically downward 

 through his end-lines, provided his claim con- 

 tain the apex of the lode or vein. These end- 

 lines must necessarily be parallel to each other. 



A location of a mining claim can not be 

 made by a discovery shaft upon another claim 

 that has been previously located and is a valid 

 location. The weight of Federal and State 

 authority is in favor of the validity of locations 

 where the work required by statute has been 

 performed, even if there are irregularities in 

 the location papers, and actual possession is not 

 essential to the validity of the title obtained by 

 a valid location: and until such location is ter- 

 minated by abandonment and forfeiture, no 

 right or claim to the property can be acquired 

 by an adverse entry thereon with a view to the . 

 relocation thereof. Mere possession, however, 

 not based upon a valid location is valueless as 

 against a subsequent valid location. Where a 

 location notice fails to state the number of feet 

 claimed on each side of the lode, the location 

 is limited to an equal number of feet on each 

 side of the discovery, and to an equal number 

 of feet on the course of the lode or vein in each 

 direction from that point. A failure to record a 

 certificate of location of a mining claim within 

 the time prescribed by law will not render the 

 location invalid, provided the other necessary 



