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Show SKLSXTEl). Title, to -lill Sill-. t. uin'.iji.-.-ion.'.-r Wi!..".n ;od:o tiui.j ai'O. in a .Jo the IV.l-i-xhu .Icci-ioi, e -.n .orniij r KiiJ ;!f:-5. Tho iLittor i- of con -i-Jera-Lle iu:orc--t to ruiner; : Department of the Ixitaii..?.. i Oexep.alJLwd Offi. e. Nut. 1, 1 .7''. ) JI',i,j S. Bin!;-. E.-j.. U. S. A'lor-i,, A'lor-i,, , M'jt'turi, Virfinri Cr.i. limn Sir: la rej-ly to your letter oi' the 2?:h cf Septeaiter litt. I have to state that my under-tandins r.f the Aet of Ju:y 20th. 10F'.. in reference to authorizittL' patent fur ruth ?i'.e-.atrree-witli y.ur on n. The 'Jth section provides pro-vides that the owners of water right; sha 1 be maintained and protected in the same whenever they are recognized and acknowledged by the local custom.-, .aw; and decisions of courts, but make? r.o urovi-ion for inning patents for them. The act, however, enables claimant; of m neral vein; to incluie in their d agrams, and obtain patents for, such rea.-ouable quantity of surface ground as may to. nc?-var!j for tit? convenient xcor'anrj of the mine, as fixed by local rule;. Consequently, when a mill site is used in connection with a mine, and Lv-s reduction works erected upon it, I think a fair and liberal construction of the Mining Act will authorize us to treat such mill site a; a part of the mining claim, provided it is so held under the local mining laws or customs, and to itflule it in the patent with the vein or lode. But it is evident that1, in no other manner than as a part of a mining claim, does the act of July 21st, 1S00, authorize the issuing of patents for mill sites. When thev were used for tho convenient con-venient working of mines, actual contiguity con-tiguity between such mill sites and the veins or lodes, is not deemed absolutely essential, and the former may be included in-cluded in patents fjr mining claims, although .-oinc distance may intervene between them and the lodes. Very respectfully. -Jus. S. WlLSnN, Commis.-ii.iner. |
