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Show TX'XNEL CLAIMS. The United States mining law contains con-tains one section on tuuncl claims, which is causing much dissatisfaction. We have already published this section in fuli with the rest of the law, and it is now pretty well known and understood. under-stood. It provides that whero a tunnel tun-nel is run for the development of a new vein or lode, or for the discovery of mines, the owner thereof shall have the right of possession of all veins or lodes within three thousand feet from tho face of said tunnel, or tho lines thereof, not previousli known ti exist, discovered in suoh tunnel, to the same extent as if discovered from tho surface sur-face ; and locations on the lino of such tunnel of vein or lodo not appearing on the surface, oiide by .other parlies after the commencement of the tunnel, and while the satu" is being prosecuted with vigilance, bhali bo invalid; but tnllxr. i,, nm.iux tV..i wnrlf nt, Dir. tunnel for six months is considered an abandonment of the right to all undia covered veins on the line of said tunnel. tun-nel. This practically stop all prospecting pros-pecting in the vicinity of tunnel loca lions, aud is causing much inconvenience inconven-ience among iuinorsi Tho commissioner of the land oHice has recently written a letter on this subject, which determines a question of much interest, and which is as follows; fol-lows; "Dep't ok Interior, General La.nd Oitce, Washington, D.C., Sept lio, 1872. Hon J. B. Chaffee, M. 0., Denver, Colorado Territory. Sir: In response to your letter of tho loth inst., desiring desir-ing tho construoiion by this otliee of tho clause in the mining act of May 10th, la 72, relative to tunnels, I have the I honor to alato that the interpretation i uniformly giveu by this office to tho fourth section of said statute may bo found under the head tunnol rights,' commencing on page eight of circular herewith dated June 10. h, 1S72, from which it will be perceived that tho line of tho tunucl is held to bo the width thereof and uo more, and that upon this line only, is prospecting lor blind ! lodes prohibited while tho tunnel is in progress and thm ihe ri!it is granted to the tuunel owners to tii'teen huttdrod i feet of each LI; d 1 hide, not previously known to exist which ui:iy bo discovered discover-ed in su'di tunnel, but that other par- tics arc in no way uVI urcd from prus pt Cling for bliud lodes or runniug I tunnels so long as th. y keep without I iho line of tho luoum a3 herein defined; tho said lino beii.g -required by our rcgu'aUou to be mirked on the sur- face by stakes or monuments placed along the same from the face or point of commencement, to the terminus if the tunnel line aforesaid. When a lede is struck or discovered for the tirst time by running a tunnel, tho tunnel owners have tho option cf record in c their claim of hfteen hundred tret all on one side of tho p.itnt of discovery or intersection, or panly upon one and partly upon the o'.er side thereof, lu; in no ease can ihey record a claim so as to absorb the actual or construe tivo possession of other parties on a lode which had t f--D discovered and claimed Outside the line of the tunnel before t lie discovery t hereof in tho tunnel. I urn, sir, very respectfully, your obedient servant, illis Diu;mmon, Commissioner." The immediate result of the publication publica-tion of the law was th;ir in all new districts there is a rush to locate tunnel tun-nel tiles, and pre empt in a manner the chances of discovery of veins for an indefinite period. A lew tuunel companies com-panies can in this manner monopolize more ground than hundreds of miners. We havo not the spans to discuss - all tho provisions of this seciion, but arc convinced from what we already know that it is an obnoxious one to miners and docs not wot k well. It is to be feared that this tunnel question will cause much litigation before it can be remedied. "Mining aud Scientific Press." |
