Show Dep Department of Interior Clears up Doubt on Annual Assessment Work Wark Light has lias been furnished American Amerl- Amerl can Mining congress officials on the I quandary arising out of or attempts to interpret the law enacted b by congress congress congress con con- gress last August changing the mine assessment work period from front the calendar to the fiscal year The situation situation sit sit- sin surrounding rounding claims located between January 1 I 1921 and Jul July 1 1 1921 has been especially hazy and It Is upon these claims that Judge E E. E C. C Finney acting secretary secretary secretary secre secre- tary of or the department of the interior inte inte- interior has rendered his opinion In Ina a letter addressed to Senator Bursum Bursum Bur Bur- sum of New Mexico Judge Finney Finne interprets the law to provide that work on claims located within this peri period must be completed before July I 1 1 1922 If relocation is to be he avoided The conflicting opinion has hag been heen that the work need not be completed completed completed com com- before Jul July 1 lJ 1323 While government ent authorities point out that the entire question Is one for the courts to decide since issues concerning loss of ot title to a claim because of neglect to complete as- as assessment work within the specified time must be settled by br the judiciary judi clar ciary the opinion is of value as an indication of the trend which it Is thought would be taken b toy by a decisIon decision decision ion of the court Close students of the situation are agreed that those holding claims located during the first six months of 1921 should complete complete com com- their assessment work before noon of Jul July 1 1 1922 for tor the the- sake of ot safety Confusion Aris Arises The full text of Judge Finney's 1 letter to Senator Bursum follows Referring to correspondence correspond correspond- ence submitted to you by br Pickens E E. Woodson of Katherine Ariz relative relative rela rela- tive tiye to when annual assessment work upon mining claims located between January 1 ana and July l 1 1 1921 must be performed to avoid the danger of relocation l t note that the attorney general or Arizona has has has' stated that in his judgment such i locators would be required to perform perform per form the annual assessment work I prior to July I 1 l. l Unfortunately this is a question which cannot be settled z 1 by y the opinion opinion ion ton of the attorney general of the state nor by the secretary of the in interIor interior in- in as the question would arise if at all all In the event of oC a relocation of ot such a claim and upon adverse proceedings Jn in the courts However I am glad to give you m my opinion for what It is worth and may ma- state that it coincides with that of the at attorney attorney at- at torney torne general of Arizona Statute Explained You will wUl note that the statutes 42 Stat 18 provide that the period period pe pe- pe within which work shall be performed shall commence at 1 12 o'clock meridian on the first day dar of ot Jul July succeeding the date of location of such claims A further proviso promo is to the effect that in all such valid existing claims the annual period ending December 31 1921 shall continue continue continue con con- to 1 12 o'clock noon July I 1 1922 The latter proviso o was designed design design- ed of course to take care of existing exist exist- existing ing claims and to give an all extension of six sis months within which work might aught be performed thereon One of the re reasons sons for the latter proviso was to avoid having the year within which assessment work must be performed end at different time for different classes of claims As to the first provision of law it seems clear that It w was ss Intended to permanently change the tj time n within which annual assessment nt work upon claims must be performed so as to have the year begin and end with the 1st of July instead of or the 1st of January as heretofore The requirement In the statute is 13 that that- the year ear within which assessment assessment assess assess- ment work is required to be performed perform perform- ed begins on the first day of July succeeding the date of location Therefore If a claim is located say in ia June 1921 the year within which work was required to be done began on the next 1st of or July 1 1921 and to avoid relocation must have been performed during the year July 1 1 1921 and ending July 1 I 1922 |