by
Richard J. Hinton
1969
Frontier Book Co., Publisher
Fort Davis, Texas 79734
From
The Handbook To Arizona
c1877
Limited to 1000 copies
Summary of Mining Laws, Federal, Territorial, and Local; Desertand Timber Lands; Homestead and Pre-emption Rights; Spanish andRailroad Grants. Land Offices. Officers of the Territory. Legislationon Irrigation. Artesian Wells, Mining, Etc. Routes, Distances, andFares from and to all the Principal Points east and west, and in theTerritory. Altitude of Important Points. Meteorological Tables. MineralSprings. Southern Pacific Railroad Lands, Etc.
Before the passage of the Act of 1866, by Congress, the ownership ofthe mineral lands was retained by the nation. The first discussion ofthe policy of selling such lands began in 1850, the argument being tomake them a source of revenue. The policy of leaving the mineral landopen for private exploration and development prevailed, and remainedthe rule until 1866. The uncertainty of titles, etc., was urged in1865-6, as reason for a change. Under legislation preceding that date,no title could be or was conferred to mining claims, beyond possessoryrights, maintained by working and payment of a small royalty. Citizensof the United States might explore and occupy under regulations asprescribed by law. In the absence of congressional enactment, locallegislation was authorized to provide necessary rules; the localcustoms and district rules not in conflict with the United States lawswere also recognized. The law was, in reality, a license only to goupon the mineral-bearing portions of the public domain. Ownership,however, attached to the minerals extracted, and the government had noclaim to them, except so far as royalty or license fees were concerned.
Is not compulsory upon miners. They are not obliged to procure a UnitedStates patent for their claims. Those who do not, hold exactly the samerelations that they did before its passage, provided no adverse claimis interposed. The Revised Statutes of the United States, Sections2,318 to 2,352, of Title “Mineral Lands”; also, “Miscellaneous”provisions ditto, embracing Sections 910, 2,238, 2,258, 2,386 and2,406, provide that for
Any person who is a citizen of the United States, or who has declaredhis intention to become a citizen, and no others, may locate and holda mining claim 1,500 linear feet along the course of any mineralvein or lode subject to location; or any association of persons,severally qualified as above, may make joint location of such claim of1,500 feet; but in no event[Pg ii] can a location of a vein or lode, madesubsequent to the date mentioned, exceed 1,500 feet along the coursethereof, whatever may be the number of persons in the company.
With regard to the extent of surface ground adjoining a lode or vein,and claimed for the convenient working of the same, it is provided thatthe lateral extent of location, made after May 10th, 1872, shall, inno case, exceed 300 feet on each side of the middle of the vein at thesurface, and that no such surface rights shall be limited by any miningregulations to less than 25 feet on each side of the middle of the veinat the surface, except where adverse rights, existing on the 10th ofMay, 1872, may render such limitations necessary; the end lines of suchclaims to be in all cases parallel with each other.
By the foregoing it will be seen that no lode-claim, located after May10th, 1872, can exceed a parallelogram 1,500 feet i