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Show I INTERESTS INVOLVED I IN TELLER'S BILL H- Tho bill introduced in the Senate by Teller of Colorado to overcome the con- Hi fusion threatened by tho ruling of tho MM. General Land Offico with reference to Hj; mineral locations and Government sur- Hl' veys, will be called up for paasago or ro- M-Mtt Jcctlon by the Scnato the present week. 1. Not an interest In the diggings, perhaps! Hl hut is Involved, and the new3 that tho Hj . menace has been met and overcome will be a signal for exultation In every camp. MMJll Tho bill provides as follows: "Tho description of vein or lodo claims mm upon survoyed land3 shall deslgnato tho mm location of tho claims with reference to mm the lines of the public survey, but need not conform therewith; but whero patents have been Issued for claims upon unsur- mm veyerl lands, the surveyors-general, in ex- mm tending the public survey, shall adjust tho same to tho boundaries of said patented mm claims, so as in no case to Interfere with mm 1 or change tho tnio location of auch claims Mm I n they are officially established upon mm the ground. Where patents have boen ls- mm 1 Bueu for mineral lands, those lands only mm shall bo segregated and shall be deemed mm to be patented which aro bounded by the Mm lines actually marked, deflncd and estiib-Jlshed estiib-Jlshed upon tho ground by tho monuments of the official survey upon which tho patent grant is baaed, and- surveyors- j , Kcnoi-al, in executing subsequent patent , surveys, whether upon surveyed or unsur- um 1 veyed lands, shall be governed accortilng- mm ly. The said monuments shall at all times H . constitute; tho highest authority as to mm what land is patented, and erroneous calls mm in tho patent description shall give way j thereto." H Senator Hcvburn of tho Commltteo on mm , Mines and Mining, to whom the bill was I referred, recommends its passage Tho H amenchnent to the Revised Statutes H sought by the bill provides that the boun- H darles of patented claims established upon m tho sround shall control in determining H tle location of the patented claim, as H against tho calls of the patent whero such Hi 1 calls do not conform to the official monu- Jt ment3 placed upon the ground and H I dalm Ua official sun-cy of tho Ift I oIn certifying lt3 recommendation to tho ll' Senate tho commltteo submits: Ml Th? e,xact, Psllon of a mining claim is H required to bo established upon the ground If 1 b' such monuments and markings as will ; I enable its boundaries to bo readllv traced JUj I on tho ground, through tho medium of I 8Ueh markings It is there that the claim i cxl5t9 and not upon the records of the dc-J dc-J partment Issuing the patent, and no mls-M mls-M ua.kc ln courses, distances or figures made JU by a mineral surveyor should bo allowed to, conu-ol the location of a claim as M n8t th0 jnonumonts on tho ground. I Th? owner of a claim Is given tho Sent w etr law V 0ca0 hls Hnes acMni: ?s t0chIs. ovm Judgment and as ho may I Buch acts of location aro performed M i 5y hlm- an.d ,,f h does not get tho ground S ' 5e8,rM l l1 h.iB fault: bu' Power should II ' be ,V,eatea n a mineral surveyor or I 1 ithef. ofrlcei; f tho law to so chango tho 1 I location of the claim as to defeat thl pur- poBcs of the, locator by committing rm 1 firror In making a survey of the connec" tlons as to course and distance between the mining claim and any arbitrary Government Gov-ernment monument. Engineers and chainmen do not always agree as to their surveys and measurements measure-ments of lines, and the conclusion of an engineer today might not harmonize with thoso of ten years or twenty years hence, and yet the monuments and boundaries of the mining claim havo remained immovable, im-movable, and should at all times constitute consti-tute tho highest authority as to tho land actually Included within tho patented claim. A very slight variation In tho course of a line connecting a mining claim with a Government monument, a mile or more distant, would so shift the location, If it were to bo governed by such line, ln disregard of the monuments, as to materially altect tho rights of parties par-ties to their claim, and tho amendment proposed is In the interest of a uniform rulo to bo enforced by the courts ln determining de-termining such questions. Tho necessity for legislation Is particularly particu-larly called to notlco by tho decision of tho Secretary of the Interior, requiring the posts and monuments of a claim to give way to the calls and courses of distances, dis-tances, and oftentimes creating a conflict con-flict between mining claims by reason of such a rulo whero no conflict existed upon tho ground, and such a rule is provocative provoca-tive of litigation and endless expense and difficulty between neighboring claimants. The further object of tho bill, and not the least important, Is to allow tho de- partment to correct errors of survey on tho plat and fleld notds, and recognlzo tho coiners on tho ground as actually defining defin-ing the boundaries of tho claim where any question arises as to such boundaries. boun-daries. As stated by eminent counsel who havo submitted their views to your committer, tho decision of tho Secretary affects tho stability of titles to patented mining claims, and results In tho segregation of the wrong lands under outstanding patents, as well as failure to protect tho lands which aro actually patented. Tho legislation proposed bv this bill is necessary In order to remedy thi3 condition. |
