The Project Gutenberg eBook ofArizona ghost trailsThis ebook is for the use of anyone anywhere in the United States and most other parts of the world at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this ebook or online atwww.gutenberg.org. If you are not located in the United States, you will have to check the laws of the country where you are located before using this eBook.Title: Arizona ghost trailsAuthor: Richard J. HintonRelease date: December 12, 2022 [eBook #69526]Most recently updated: October 19, 2024Language: EnglishOriginal publication: United States: Frontier Book Co, 1969Credits: Krista Zaleski and the Online Distributed Proofreading Team at https://www.pgdp.net*** START OF THE PROJECT GUTENBERG EBOOK ARIZONA GHOST TRAILS ***
This ebook is for the use of anyone anywhere in the United States and most other parts of the world at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this ebook or online atwww.gutenberg.org. If you are not located in the United States, you will have to check the laws of the country where you are located before using this eBook.
Title: Arizona ghost trailsAuthor: Richard J. HintonRelease date: December 12, 2022 [eBook #69526]Most recently updated: October 19, 2024Language: EnglishOriginal publication: United States: Frontier Book Co, 1969Credits: Krista Zaleski and the Online Distributed Proofreading Team at https://www.pgdp.net
Title: Arizona ghost trails
Author: Richard J. Hinton
Author: Richard J. Hinton
Release date: December 12, 2022 [eBook #69526]Most recently updated: October 19, 2024
Language: English
Original publication: United States: Frontier Book Co, 1969
Credits: Krista Zaleski and the Online Distributed Proofreading Team at https://www.pgdp.net
*** START OF THE PROJECT GUTENBERG EBOOK ARIZONA GHOST TRAILS ***
byRichard J. Hinton1969Frontier Book Co., PublisherFort Davis, Texas 79734
FromThe Handbook To Arizonac1877Limited to 1000 copies
Summary of Mining Laws, Federal, Territorial, and Local; Desert and Timber Lands; Homestead and Pre-emption Rights; Spanish and Railroad Grants. Land Offices. Officers of the Territory. Legislation on Irrigation. Artesian Wells, Mining, Etc. Routes, Distances, and Fares from and to all the Principal Points east and west, and in the Territory. Altitude of Important Points. Meteorological Tables. Mineral Springs. Southern Pacific Railroad Lands, Etc.
Before the passage of the Act of 1866, by Congress, the ownership of the mineral lands was retained by the nation. The first discussion of the policy of selling such lands began in 1850, the argument being to make them a source of revenue. The policy of leaving the mineral land open for private exploration and development prevailed, and remained the rule until 1866. The uncertainty of titles, etc., was urged in 1865-6, as reason for a change. Under legislation preceding that date, no title could be or was conferred to mining claims, beyond possessory rights, maintained by working and payment of a small royalty. Citizens of the United States might explore and occupy under regulations as prescribed by law. In the absence of congressional enactment, local legislation was authorized to provide necessary rules; the local customs and district rules not in conflict with the United States laws were also recognized. The law was, in reality, a license only to go upon the mineral-bearing portions of the public domain. Ownership, however, attached to the minerals extracted, and the government had no claim to them, except so far as royalty or license fees were concerned.
Is not compulsory upon miners. They are not obliged to procure a United States patent for their claims. Those who do not, hold exactly the same relations that they did before its passage, provided no adverse claim is interposed. The Revised Statutes of the United States, Sections 2,318 to 2,352, of Title “Mineral Lands”; also, “Miscellaneous” provisions ditto, embracing Sections 910, 2,238, 2,258, 2,386 and 2,406, provide that for
Any person who is a citizen of the United States, or who has declared his intention to become a citizen, and no others, may locate and hold a mining claim 1,500 linear feet along the course of any mineral vein or lode subject to location; or any association of persons, severally qualified as above, may make joint location of such claim of 1,500 feet; but in no eventcan a location of a vein or lode, made subsequent to the date mentioned, exceed 1,500 feet along the course thereof, whatever may be the number of persons in the company.
With regard to the extent of surface ground adjoining a lode or vein, and claimed for the convenient working of the same, it is provided that the lateral extent of location, made after May 10th, 1872, shall, in no case, exceed 300 feet on each side of the middle of the vein at the surface, and that no such surface rights shall be limited by any mining regulations to less than 25 feet on each side of the middle of the vein at the surface, except where adverse rights, existing on the 10th of May, 1872, may render such limitations necessary; the end lines of such claims to be in all cases parallel with each other.
By the foregoing it will be seen that no lode-claim, located after May 10th, 1872, can exceed a parallelogram 1,500 feet in length by 600 in width, but whether surface ground of that width can be taken depends upon the local regulations, or State or Territorial laws then in force in the mining districts; but no such local regulations, or State or Territorial laws, shall limit a vein or lode-claim to less than 1,500 feet along its course, nor can surface rights be limited to less than 50 feet in width, unless adverse claims, existing on May 10th, 1872, render such lateral limitations necessary. It is provided by the Revised Statutes that the miners of each district may make rules and regulations not in conflict with the laws of the United States, or of the State or Territory in which the districts are situated, governing the location, manner of recording, and amount of work necessary to hold possession of a claim.
In order to hold a possessory right to a location made prior to May 10th, 1872, not less than $100 worth of labor must be performed or improvements made thereon, within one year from the date of such location, and annually thereafter; in default of which the claim will be subject to re-location by any one else having the necessary qualifications, unless the original locator, his heirs, assigns, or legal representatives, have resumed work after such failure and before the re-location. The expenditures required upon mining claims may be made from the surface, or in running a tunnel for the development of such claims. The Act of February 11th, 1875, provided that where a person or company has run a tunnel for the purpose of developing a lode or lodes, the money so expended shall be considered as expended on the said lode, and the owner or owners shall not be required to perform work on the surface to hold the claim.
Individual proof of citizenship may be made by affidavit. If a company, unincorporated, by the agent’s affidavit; if a corporation, by the filing of a copy of charter or certificate of incorporation. Locators against whom no adverse rights rested on the date of the Act of 1872, shall have, on compliance with general law and recognized custom, the exclusive right to
Of the surface inclosure, and of “all veins, lodes, and ledges which lie under the top or apex of such lines, extended downward vertically,” even though they in their descent extend outside the “side-lines of such surface locations.” The right to such outside parts of veins or ledges is confined to all that lies between “vertical planes drawn downward,” as described, so continued that these planes “will intersect” the exterior parts of the said “veins or ledges.” The surface of another’s claim cannot be entered by the locator or possessor of such lode or vein.
The word “deposit” has always been construed by the Land Office to be a general term, embracing veins, lodes, ledges, placers, and all other forms in which the valuable metals have ever been discovered. Whatever isrecognized as a mineral by standard authorities, where the same is found in quality and quantity sufficient to render the land sought to be patented more valuable on this account than for purposes of agriculture, is treated by the Land Office as coming within the meaning of the act. Lands, therefore, valuable on account of borax, carbonate of soda, nitrate of soda, sulphur, alum, and asphalt, it is held may be patented. The first section of the Act of 1872 says, “all valuable mineral deposits.” The sixth section uses the term “valuable deposits.” Deposits of fire-clay may be patented under the act, and so may iron deposits, which may be patented as vein or placer claims. Lands, more valuable on account of deposits of limestone, marble, kaoline, and mica than for purposes of agriculture, may be patented as mineral lands.
We hereby give notice that we have this —— day of ——a. d., 187-, located this, the (“Centennial”) lode. We claim 1,500 feet in and along the vein, linear and horizontal measurement.
We claim 1,200 feet along the vein, running in a northwesterly course from the discovery shaft, and 300 feet running along the vein southeasterly from the discovery shaft. We also claim 150 feet on each side of the vein from center of crevice as surface ground.
The Act of 1872 provides that no lode-claim can be recorded until after the discovery of a vein or lode within the limits of the ground claimed. The claimant should, therefore, prior to recording his claim, unless the vein can be traced on the surface, sink a shaft, or run a tunnel or drift to a sufficient depth therein to discover and develop a mineral-bearing vein, lode or crevice; should determine, if possible, the general course of such vein in the direction from the point of discovery, in which direction he will be governed in making the boundary of his claim on the surface; and should give the course and direction as nearly as practicable from the discovery shaft on the claim to some permanent, well-known points or objects, such as, for instance, stone monuments, blazed trees, the confluence of streams, etc., which may be in the immediate vicinity, and which will serve to perpetuate and fix the locus of the claim, and render it susceptible of identification from the description thereof given in the record of location in the district. He should drive a post, or erect a monument of stones at each corner of his surface ground, and at the point of discovery or discovery shaft, should fix a post, stake or board, upon which should be designated the name of the lode, the name or names of the locators, the number of feet claimed, and in what direction from the point of discovery; it being essential that the location notice filed for record, in addition to the foregoing description, should state whether the entire claim of fifteen hundred feet is taken on one side of the point of discovery, or whether it is partly upon the other side thereof; and in the latter case, how many feet are claimed upon each side of such discovery point. The following diagram of surface boundaries, etc., of a lode, will aid the locator in this work:
Diagram of lode
Parties locating a lode are entitled to all the dips, spurs, angles, variations, and ledges of the lode coming within the surface ground.
The disordered condition of Arizona consequent on the Civil War and the continued hostilities of the Apaches, so impeded mining enterprises, compelling the abandonment of valuable mines and preventing full compliance with the conditions of the preceding acts, from no lack of diligence or skill on the part of miners, that some legislation seemed to be necessary to protect them from the injustice which a strict enforcement of the law would necessitate. The following acts were accordingly passed and approved on the dates specified.
An act approved March 1st, 1873, amends Section 5 of the Act of 1872, above referred to, so as to read as follows: “That the time for the annual expenditure on claims located prior to the passage of said act, shall be extended to the 10th day of June, 1874.”
An act approved June 6th, 1874, made a further extension to January 1st, 1875.
An act approved February 11th 1875, so amends Section 2324, Revised Statutes, as to provide that where “a person or company has or may run a tunnel for the purpose of developing a lode or lodes owned by said person or company, the money so expended on said tunnel shall be taken and considered as expended on said lode or lodes, whether located prior to or since the passage of said act; and such person or company shall not be required to perform work on the surface of said lode or lodes in order to hold the same, as required by said act.”
Within a reasonable time, after the location shall have been marked on the ground, notice thereof, accurately describing the claim in manner aforesaid, should be filed for record with the proper recorder of the district, who will thereupon issue the usual certificate of location. The district regulations or customs are followed in this regard. Within ninety days after location, a location certificate must be filed in the office of the Recorder, in the county in which the lode is situated, which should be in the following form:
Know all Men by these Presents,That —— the undersigned, ha—— this —— day of —— A. D. 1877, located and claimed, and by these presents do locate and claim, by right of discovery and location, in compliance with the Mining Acts of Congress, approved May 19th, A. D. 1872, and all subsequent Acts, and with the local customs, laws and regulations, —— feet, linear and horizontal measurement, on the —— Lode, along the vein thereof, with all its dips, angles and variations, together with —— feet on each side of the middle of said vein at the surface; and all veins, lodes, ledges and surface ground within the lines of said claim —— feet, running —— from center of discovery shaft. Said discovery shaft being situate upon said lode, and within the lines of said claim in —— Mining District, county of —— and Territory of Arizona, and further described as follows:
____________________________________________________________________________________________________________Said lode was located on the —— day of —— A. D. 1877.
Attest:
In order to hold the possessory rights to a claim of 1,500 feet of a vein or lode located as aforesaid, the Act requires that until a patent shall have been issued therefor, not less than $100 worth of labor on the basis adopted by the local mining regulations shall be performed, or improvements made thereon, during each year; in default of which the claim will be subject to re-location by any other party having the necessary qualifications, unless the original locator, his heirs, assigns or legal representatives have resumed work thereon after such failure and before such re-location. The importance of attending to these details in the matter of location, labor and expenditure will be the more readily perceived, when it is understood that a failure to give the subject proper attention, may invalidate the claim.
The seventh section of the United States laws provides for adverse claims; fixes the time within which they shall be filed to have legal effect, and prescribes the manner of their adjustment. An adverse mining claim must be filed with the register of the same land office with whom the application for patent was filed, or in his absence, with the receiver, and within the sixty days’ period of newspaper publication of notice. It must be duly sworn to by the party or parties filing the adverse claim, and not by an attorney, before a officer authorized to administer oaths within the land-district, or before the register or receiver; fully set forth the nature and extent of the interference or conflict; whether the adverse party claims as a purchaser for valuable consideration, or as a locator; if the former, the original conveyance, or a duly certified copy thereof, should be furnished; or if the transaction was a mere verbal one he will narrate the circumstances attending the purchase, the date thereof, and the amount paid, which facts should be supported by the affidavit of one or more witnesses, if any were present at the time; and if he claims as a locator, he must file a duly certified copy of the location from the office of the proper recorder. It will be incumbent upon the adverse claimant to file a plat showing his claim, and its relative situation or position with the one against which he claims, so that the extent of the conflict may be the better understood. This plat must be made from an actual survey by a United States deputy surveyor, who will officially certify thereon to its correctness; and in addition there must be attached to such plat of survey a certificate or sworn statement by the surveyor, as to the approximate value of the labor performed or improvements made upon the claim of the adverse party, and the plat must indicate the position of any shafts, tunnels, or other improvements, if any such exist upon the claim of the party opposing the application. Upon the foregoing being filed within the sixty days as aforesaid, the register, or in his absence, the receiver, will give notice in writing to both parties to the contest that such adverse claim has been filed, informing them that the party who filed the adverse claim will be required within thirty days from the date of such filing to commence proceedings in a court of competent jurisdiction, to determine the question of right of possession, and to prosecute the same with reasonable diligence to final judgment; and that, should such adverse claimant fail to do so, his adverse claim will be considered waived, and the application for patent be allowed to proceed upon its merits. When an adverse claim is filed as aforesaid, the register or receiver will indorse upon the same the precise date of filing, and preserve a record of the date of notifications issued thereon; and thereafter all proceedings on the application for patent will be suspended, with the exception of the completion of the publication and posting of notices and plat, and the filing of the necessary proof thereof, until the controversy shall have been adjudicated in court, or the adverse claim waived or withdrawn.
Tunnels run for the development of a vein or lode, or for the discovery of mines, give the owner or owners the right of possession of all veins or lodes within 3,000 feet from the face of the tunnel to the same extent as if discovered from the surface,i.e., 1,500 feet on the lode; and locations on the line of such tunnels of veins or lodes not appearing on the surface, made by other parties after the commencement of the tunnel, and while the same is being prosecuted with reasonable diligence, shall be invalid; but failure to prosecute the work on the tunnel for six months shall be considered an abandonment of the right to all undiscovered veins or lodes on the line of said tunnel. To avail themselves of the benefits of the law, the proprietors of a mining tunnel will be required to give a proper notice of their tunnel location, by erecting a substantial post, bound or monument at the face or commencement thereof, upon which should be posted a good and sufficient notice, giving the names of the party or parties claiming the tunnel right, the actual or proposed course or direction, height and width. At the time of posting notice and marking out the lines of the tunnel, as aforesaid, a full and correct copy of such notice and location must be filed for record with the mining recorder for the district.
The laws of the United States provide, also, that no location of a placer claim, made after July 9th, 1870, shall exceed 160 acres for any one person or association of persons, which location shall conform to the United States surveys. All placer claims located after May 10th, 1872, shall conform as nearly as practicable with the United States system of public surveys, and no such location shall include more than 20 acres for each individual claimant.
These provisions of the law are construed by the commissioner of the General Land Office, to mean that after the 9th of July, 1870, no location of placer claim can be made to exceed 160 acres, whatever may be the number of locators associated together, or whatever the local regulations of the district may allow; and that from and after May 10th, 1872, no location made by an individual can exceed 20 acres, and no location made by an association of individuals can exceed 160 acres; which location cannot be made by a less number than eightbona fidelocators; but whetheras muchas 20 acres can be located by an individual, or 160 acres by an association, depends entirely upon the mining regulations in force in the respective districts at the date of the location; it being held that such mining regulations are in no way enlarged by the statutes, but remain intact and in full force with regard to the size of locations, in so far as they do not permit locations in excess of the limits fixed by Congress; but that when such regulations permit locations in excess of the maximum fixed by Congress, they are restricted accordingly. A local regulation is valid, therefore, which provides that a placer claim, for instance, shall not exceed 100 feet square. Congress requires no annual expenditures on placer claims, leaving them subject to the local laws, rules, regulations and customs.
The following will serve as a model for the framing of district laws. They will vary a little in detail, according to the requirements of the locality.
By virtue of a notice duly signed and posted, on —— 1877, a meeting of miners was held at place of posting notice on the —— inst., at whichplace and time the —— Mining District was formed. Mr. —— —— acted as Chairman, and —— —— acted as Secretary.
Following are the laws passed to govern the district:
1. The mining district shall be called the —— Mining District.
2. The district shall embrace the following described and bounded territory: commencing at the easterly end of the —— —— Mine, and running west of north along the eastern boundary of the —— Mining District to the western end of the —— Mine, in the —— Mining District, —— —— Mountains.
3. The County Recorder of —— County, by virtue of his office, shall be, ex-officio, recorder of this district.
4. Chapter six, of title thirty-two, revised statutes of the United States, is adopted as this article.
5. In the location of mines in this district, copies of the notices of location must be placed on the mines before any legal record of the same can be made by the recorder. Any location not so made shall be null and void.
6. All location notices must be filed in the office of the recorder within thirty days after the actual date of location.
7. The County Recorder shall be entitled to a fee of two dollars for each and every notice recorded by him.
8. The records of —— County are hereby adopted as the bona fide records of this district.
9. The annual meeting of the voters of this district shall take place and be holden on the first Monday in May in each year.
10. Ten days prior to the date of holding the annual meeting, the Recorder shall place, or cause to be placed or posted, in three of the most conspicuous places in said district, a notice stating the time when, and the place where, said meeting shall be holden, and shall designate in such notice that the meeting shall be holden for the purpose of transacting all and every kind of business which may be properly brought before it.
11. At each annual meeting, the voters of the district shall elect their chairman and secretary, who shall hold office for one year, or until their successors are appointed.
12. The chairman and secretary of this meeting shall hold office from the —— day of —— for one year, or until their successors are elected.
13. The secretary of each meeting shall keep full and complete records of the minutes and proceedings of their respective meetings, and cause the same to be placed on record in the office of the County Recorder.
14. These rules, regulations and by-laws shall not be altered, or in any way changed, except at a regular annual meeting of the miners of said district, and then only by a legal vote of two-thirds of all the voters present and voting.
15. Any and all persons who are citizens of the United States of America, or who have declared their intention to become such, and own shares of stock or interests in any mine in the district, or who has worked in any mine in the district for the twenty days preceding such meeting, shall be considered a legal voter, and entitled to vote at a miners’ meeting.
16. Five dollars per day shall be allowed for each and every eight hours’ work performed upon a mine for the purpose of holding title, or performing the necessary amount of work for a patent, and no other expenses shall be considered as expended for the purpose of holding or perfecting title.
17. All mines hereafter located in this district shall be marked by end and corner monuments or stakes, at least eighteen inches in height above ground, with sufficient marks placed in or upon them to show which end or corner of the claim they designate; if stakes are used, they must be sunk at least six inches in the ground, and have a blaze and figures upon one side.
18. All locations made and recorded previous to the adoption of these rules, regulations and by-laws are hereby legalized, so far as they may not conflict with the same.
19. These rules, regulations and by-laws shall be filed and recorded in the office of the County Recorder of —— County, and shall be in full force and effect from and after this —— day of —— 1877.
20. The above proceedings, and the proceedings of any subsequent meeting, shall be signed by the chairman and secretary, and transmitted by them to the County Recorder without delay.
—— —— Miner.—— —— Miner.—— —— Miner.—— ———— ——
I certify that the foregoing is a correct statement of the proceedings had, and of the laws adopted for the —— Mining District, this —— day of —— 1877.
—— —— Secretary.
The United States Revised Statutes provide:
1. That as a condition of sale in absence of legislation by Congress, the legislature of a State or Territory may provide rules for working mines, involving easements, drainage, and other necessary conditions; these to be expressed in the patent.
2. That all prior rights, arising from possession, in the use of water, and recognized by local laws, etc., or judicial decisions, shall be regarded as vested, and shall be protected. This right of way is also granted and confirmed. Damages are to accrue if a land-settler’s rights are interfered with.
3. All land patents shall be subject to vested and accrued water rights, including ditches and reservoirs.
Officers of United States Land Offices are required to file with the General Land Office, the local laws on such matters. The following is a summary of those passed by the legislature of Arizona.
Water Rights in the Territory.—All rivers, creeks, and streams of running water in the Territory of Arizona are deemed public, and applicable to the purposes of irrigation and mining. All the inhabitants of the Territory who own or possess arable or irrigable lands shall have the right to construct public or private acequias, and obtain the necessary water for the same from any convenient river, creek, or stream of running water.
All damages arising from construction of the acequias shall be assessed by the Probate Judge of the county in a summary manner.
No inhabitant of the Territory shall have right to erect any dam or build a mill, or place any machinery, or open any sluice, or make any dyke, except such as are used for mining purposes, or the reduction of metals, that may impede or obstruct irrigation.
When any ditch or acequia shall be taken out for agricultural purposes, the person or persons so taking out such ditch or acequia shall have the exclusive right to the water, or so much as may be necessary for such purpose; and it at any time the water so required shall be taken for mining purposes, the damages shall be assessed and paid.
All owners and proprietors of arable or irrigable land bordering on, or irrigable by, any public acequia, shall labor on such public acequia, whether such owners or proprietors cultivate the land or not; and all persons interested in a public acequia, whether owners or lessees, shall labor thereon in proportion to the amount of the land owned or held by them, and which may be irrigated or subject to irrigation.
In all districts or precincts, the owners or proprietors of land irrigated by public acequias are annually called together by the Justices of the Peace, to elect one or more overseers for the acequias—and it is the duty of said overseers to superintend the opening, excavations and repairs of said acequias; to apportion the number of laborers furnished by the owners and proprietors; to regulate them according to the quantity of land to beirrigated by each one from said acequia; to distribute and apportion the water in proportion to the quantity to which each one is entitled according to the land cultivated by him; and in making such apportionment, he shall take into consideration the nature of the seed sown or planted, the crops and plants cultivated; and to conduct and carry on such distribution with justice and impartiality.
If any owner or proprietor of land irrigated by such acequia shall neglect or refuse to furnish the number of laborers required by the overseer, he shall be fined, and all fines shall be applied to the benefit of said acequia.
Water privileges are, since the United States Act of May 10th, 1872, located in the same manner as mines, subject to local regulations, i.e. by definitely locating the five acres by monuments, and recording with the District or County Recorder. If the local rules and decisions of the Courts make the privilege forfeitable for non-use, another party may come in and claim the water right.
The Federal Courts have decided that the right of way to construct flumes or ditches, over the public lands, is unquestioned. It has also been decided that the miners’ right to water, within “reasonable limits,” is not to be questioned. “It must be exercised,” however, with due regard to the general condition and needs of a community, and cannot vest as an individual monopoly.
Land non-mineral in character, and not contiguous to the vein or lode, used by the locator and proprietor for mining or milling purposes, can be included in any application for patent, to an extent not to exceed five acres, and subject to examination and payment as fixed for the superficies of the lode. The owner of a quartz mill or reduction, not a mine owner in connection therewith, may also receive a mill-site patent. Such sites are located under the mining act, and in compliance with local law and customs as recognized. Such possessory rights give title also to all growing timber thereon. There must in every case be given satisfactory proof of the non-mineral character of the site, and the improvements thereon must be equal to $500 in value. A mill passes to a railroad, if located after a land grant inured to the road.
Homesteads.—Every head of a family, widow, single man or woman of the age of twenty-one years, who is a citizen of the United States, or who has declared his or her intention of becoming so, can enter upon 80 acres of government land within the limits of a railroad grant, or 160 acres outside said limits; and after a continuous residence upon it and cultivation for five years, an absolute title to the land will be given by the United States government, at a total cost of about $9 on 80 acres, or $18 on 160 acres.
Soldier’s Homestead.—Any soldier or sailor who served during the rebellion not less than 90 days, and was honorably discharged, can homestead 160 acres, either within or outside of the limits of a land grant, and his term of service will be deducted from the five years’ residence required upon the land; but in any event he must reside one year upon it. Thus, if he served three years, he would have to reside upon the land two years; and in the event of his having served four or five years, one year’s residence would be necessary.
A soldier or sailor has the privilege of filing application for homestead upon the land through an agent or attorney, and need not for six months commence actual settlement upon it. Absence from a homestead at any time, for more than six months, works a forfeiture of right to the land.
Pre-emptions.—Any person qualified under the homestead laws can pre-empt 160 acres of government land within the limits of a railroad grant, and after an actual residence upon and cultivation of the same for at least six months, can obtain title by payment of $2.50 per acre, or, if outside the limits, $1.25 per acre. It is imperative, however, that the person so pre-empting shall (with his family, if any) reside upon the land. The cultivation of a few acres is sufficient. The same person, after having complied with the requirements of the laws of pre-emption, can homestead 80 acres within the railroad grant, or 160 acres outside the limits. In this way, a soldier or sailor can secure 320 acres within the limits; and it is open to theworld at largeforanyman to acquire his 240 acres.
An Additional Homestead.—In addition to the Homestead and Pre-emption laws, a recent act has been passed, whereby every settler, as the fruits of his industry, can obtain another freehold of 160 acres under the following act:
An Act to amend an Act entitled “An Act to encourage the growth of timber on western prairies.”
“Any person who is the head of a family, or who shall have arrived at the age of twenty-one years, and is a citizen of the United States, or who shall have filed his declaration of intention to become such, who shall plant, protect and keep in a healthy, growing condition for eight years, 40 acres of timber, the trees thereon not being more than twelve feet apart each way, on any quarter section of any of the public lands of the United States, or 20 acres on any legal subdivision of 80 acres, or 10 acres on any legal subdivision of 40 acres, or one-fourth part of any fractional subdivision of land less than 40 acres, shall be entitled to a patent for the whole of said quarter section, or of such legal subdivision of 80 or 40 acres or fractional subdivision of less than 40 acres, as the case may be, at the expiration of the said eight years, on making proof of such fact by not less than two credible witnesses.”
How To Pre-empt.—When you have selected the land you wish for pre-emption or homesteading under whatever right, it is better to get a land attorney or clerk in the nearest land office to make out the necessary papers. This saves time, and the danger of mistakes.
The Latest Regulations.—Commissioner Williamson, of the General Land Office, has issued a circular to all registers and receivers throughout the country, containing instructions requisite to carry into effect two Acts of Congress, approved on the 3rd of April, relative to homestead entries. The first provides a new method of making the final proof in homestead entries. It dispenses with the present necessity of attendance at the district land office. The person desiring to avail himself thereof must appear with his witnesses before the judge of a court of record of the county and State, or district and Territory in which the land is situated, and there make the final proof required by law according to the prescribed forms; which proof is required to be transmitted by the judge or the clerk of the court, together with the fee and charges allowed by law. The judge being absent in any case, the proof may be made before the clerk of the proper court. The fact of the absence of the judge must be certified in the papers by the clerk acting in his place. If the land in any case is situated in an unorganized county, the statute provides that the person may proceed to make the proof in the manner indicated, in any adjacent county in the State or Territory. The fact that the county in which the land lies is unorganized, and that the county in which the proof is made is adjacent thereto, must be certified by the officer. The other law to which attention is invited by this circular is entitled “An Act for the relief of settlers on the public lands under the pre-emption laws.” Under this statute, a person desiring to change his claim under a pre-emption filing to that of a homestead entry, should be required, on making the change, to appear at the proper land office with his witnesses, and showfull compliance with the pre-emption law to the date of such change, as has heretofore been required in transmutation cases. Proof of such compliance must be forwarded with the entry papers to this office. When the person applies to make final proof, he must show continued residence and cultivation as required by the homestead law. In case an adverse claim has attached to the land, due notice in accordance with rules of practice must be given all persons in interest, of time and place of submitting proof in support of the application to make such change. The adverse claimants will be entitled to the privilege of cross-questioning the applicants’ witnesses, and of offering counter proof.
Lands formerly designated
Can be entered by preëmption upon proof that mines or minerals are not contained therein. Lands found, after entry as agricultural, to contain valuable mineral deposits, such entry will be cancelled. Where, however, a patent has issued, and the land has been afterwards found to embrace a valuable deposit or lode, the title is valid, as the land has ceased to be part of the public domain. Proof, however, that the deposit, lode or mine was known before the patent issued will invalidate title thereto. Titles to town sites and lots are held subject, also, to mineral rights, which remain in the United States.
Under Act of 1876, it was permitted to any person, under the limit of citizenship, or declaration of intent, to proceed upon the public land, and occupy such area, to the extent of one section, or 640 acres, which cannot be cultivated or used for agricultural purposes, with the artificial conveying of water thereon and irrigation; three years being given to construct the necessary works and improvements. The price of such land is to be $1.25 per acre, one-fifth being required to be paid at the time of location. In consequence of doubt as to the character of land which this act was designed to embrace, and charges made of fraudulent entries, further legislation will doubtless be had on this subject.
Coal lands are allowed to be entered in legal subdivision parcels, not to exceed 160 acres to any one person, or double that quantity to an association; the price of the same to be $20 and $10 per acre, according to whether or not the same be located within fifteen miles of a completed railroad.
Rivers are deemed navigable only when they are used, or are susceptible of being used, for commercial highways. The shores and soil under them were reserved to the States respectively, and new States have the same jurisdiction and sovereignty as old ones. The Land Office has never permitted a complication of such rights by attempting or permitting the sales of any portion of the beds of said rivers or streams.
Saline lands are not subject to homestead or preëmption entry. This policy has been uniform since the beginning of our land system. The Supreme Court has held uniformly that Congress has uniformly designed to prevent the sale of saline deposits and springs. The existence of such deposit or spring withdraws any quarter or other large portion of a section from settlement and location.
United States Land Office Registers and Receivers are permitted by law to charge the following fees:
Under the laws of Arizona the County Recorders are authorized and required to keep a record of all mines and mineral deposits that are located. For this work they are entitled to receive for recording each claim:
It is also provided by act of territorial legislature, approved November 9th, 1864, that persons in the military service of the United States may locate mineral claims, all local or district regulations to the contrary notwithstanding.
Under the Act of December 30th, 1865, in relation to placer mines and mining, it is provided that in the county of Yuma, persons who in locating placers shall place, for the purpose of mining thereon, a pump or pumps with a capacity of 100 gallons per minute, may be entitled to locate of placer land not to exceed 160 acres. This privilege is not to include placer land which can be worked by water brought in ditches or flumes.
Under Act of September 30th, 1867, it is provided that joint mining claims may be segregated, when any of the owners thereof refuse or fail to join in working them, after notices in the county or other newspaper published nearest thereto, for the period of four weeks. After such notice, the parties issuing may apply to the District Court; notice is then posted conspicuously by the clerk, for requiring the delinquents to appear within sixty days, and show why the prayer should not be granted. At the end of this last period two commissioners may be appointed, who choose a third; and they examine and report in writing. A decree shall issue in accord with the report. Thirty days are allowed for an appeal to the Supreme Court.
All grants of lands within the Territory, individual or corporate, whether held under Mexican or United States titles, must be recorded in the office of the County Recorder where situated. If not so entered, they are declared null and void. It is provided also that settlers shall be protected in the occupancy, use and improvement of 340 acres of public lands.
Within the past few months there have been brought into Arizona the following quartz mills, all of which are now being set up, or are already in operation:
Of the mills which have been in operation since and before last spring, we can recall the following:
Yuma Sentinel, October.