Show WORK RULING BY DEPARTMENT OF THE H TE l n Light has been furnished American American Ameri AmerI- can Mining congress officials on the quandary arising out of or attempts to Interpret the law enacted by congress con press gress last August changing the mint mine assessment work period from the calendar cale to the fiscal year The situation situation situation sit sit- surrounding located between January 1 1921 and Jul July 1 1921 has been especially hazy and it Is upon these claims that Judge E. E C. C Finney acting secretary secretary secretary secre secre- tary of the department of ot the interior Interior interior Inte inte- has rendered his opinion In InA Int A t letter addressed to Senator Bursum Bursum Bur Bur- sum sum of New Mexico Judge Finney FInne the law to provide that work vork on claims l located within this period must be completed before Jul July 1 1 1922 if relocation is to be avoided The conflicting opinion has been that the work need not be completed completed completed com com- before July 1 While government authorities point out but that the entire question is one ons for tor the courts to decide since issues concerning loss Joss of title to a claim because of neglect to complete as- as assessment work within tho the specified time must be settled by the tho judiciary judiciary judi judi- ciary clary the opinion is of value as an Indication of the trend trond which It is thought would be taken Dy by a decisIon decision ion ton of oC the court Close students of the situation are agreed that those holding claims located luring during the first six months of ot 1921 should complete complete com com- their assessment work before noon of July 1 I 1922 for the sake of safety Confusion Arises The full text of ot Judge Finney's letter to Senator Bursum follows Referring to correspondence correspond correspond- ence submitted to you yuu by Dy PIckens E E. Woodson of Katherine Ariz relative relative relative rela rela- tive to when annual assessment work upon mining claims located between January 1 ana aims July 1 I. I 1921 must be performed to avoid the danger of relocation i 1 note that th the attorney general or Arizona has stated that in his judgment such locators would be required to perform perform per per- form Corm the tile annual assessment work I prior to July 1 Unfortunately this title Is a question which cannot be settled by Dy the opinion opinion opinion ion of the attorney general of ot the State rotate tate nor by the secretary of the InterIor interior In Interior In- In as the question would arise arlie if at all in tho the event of ot a a. relocation of f such a claim anti ann upon adverse rT la In the courts However Ium I 1 am m glad to give you my opinion for tor what It is worth and may state that it coincides with that of the attorney attorney attorney at at- torney general of ot Arizona Statute Explained You will note that the statute statutes 42 42 Stat provide that the period period period pe pe- peI I within which work shall be br I performed shall commence at 12 o'clock meridian on the first day of July succeeding the date of location of s such ch claims A further proviso Is to the effect that tha t in ill all such valid existing claims the annual period ending December 31 1921 shall continue continue continue con con- to 12 o'clock noon July 1 I 1922 The latter provIso was design design- I I ed of course to take take care of existing existing existing exist exist- ing claims and to give an extension of six months within which work might be performed thereon One of the reasons for tho the latter latier proviso was to avoid having the year within which assessment work must be performed end at different time for different classes of claims As Aa to the first provision of law II it seems clear that It was Intended to permanently change the time within which annual assessment work worle upon m claims must be performed so as to have the year begin and end with the 1st of July instead of or th the 1st let of ot January as heretofore The requirement In the statute L- L that the year within which assessment assessment assess assess- ment work is required to be performed perform perform- ed begins on the first day of ot July succeeding the date of location Therefore If a claim is located say In June Jun 1921 the year within which work was required to be done began on the next 1st of UI or July 1 1921 and to avoid relocation must have been performed during the year be July Tuly 1 1921 and ending July 1 1922 |