G. Thomas (George Thomas) Ingham.

Digging gold among the Rockies; or, Exciting adventures of wild camp life in Leadville, Black Hills and the Gunnison country online

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in each case, will be prepared by the surveyor-
general ; one plat and the original field-notes to
be retained in the office of the surveyor-general
one copy of the plat to be given the claimant for
posting upon the claim, one plat and a copy of the
field-notes to be given the claimant for filing with
the proper register, to be finally transmitted by
that officer, with the other papers in the case, to
this office, and one plat to be sent by the surveyor-
general to the register of the proper land district,
to be retained on his files for future reference.

29. The claimant is then required to post a
copy of the plat of such survey in a conspicuous
place upon the claim, together with notice of his
intention to apply for a patent therefor, which no-
tice will give the date of posting, the name of the
claimant, the name of the claim, mine or lode ;
the mining district and 'county; whether the loca-
tion is of record, and if so, where the record may
be found; the number of feet claimed along the
vein and the presumed direction thereof; the
number of feet claimed on the lode in each direc-
tion from the point of discovery, or other well-
defined place on the claim ; the name or names of
adjoining claimants on the same or other lodes ;
or if none adjoin, the names of the nearest claims,
etc.

30. After posting the said plat and notice upon



r 5 6 s WORN S TA TEMENT.

the premises, the claimant will file with the proper
register and receiver a copy of such plat, and the
field-notes of survey of the claim, accompanied by
the affidavit of at least two credible witnesses that
such plat and notice are posted conspicuously
upon the claim, giving* the date and place of such
posting ; a copy of the notice so posted to be at-
tached to, and form a part of, said affidavit.

31. Attached to the field-note so filed must be
the sworn statement of the claimant that he has
the possessory right to the premises therein de-
scribed, in virtue of a compliance by himself (and
by his grantors, if he claims by purchase) with the
mining rules, regulations and customs of the min-
ing district, State or Territory in which the claim
lies, and with the mining laws of Congress ; such
sworn statement to narrate briefly, but as clearly
as possible, the facts constituting such compliance,
the origin of his possession, and the basis of his
claim to a patent.

32. This affidavit should be supported by appro-
priate evidence from the mining recorder's office
as to his possessory right, as follows, viz. : Where
he claims to be a locator, a full, true and correct
copy of such location should be furnished, as the
same appears upon the mining records ; such copy
to be attested by the seal of the recorder, or if he
has no seal, then he should make oath to the same
being correct, as shown by his records ; where the
applicant claims as a locator in company with



SECONDAR Y E VIDENCE.



167



others, who have since conveyed their interests in
the lode to him, a copy of the original record of
location should be filed, together with an abstract
of title from the proper recorder, under seal or
oath as aforesaid, tracing the co-locator's posses-
sory rights in the claim to such applicant for
patent ; where the applicant claims only as a pur-
chaser for valuable consideration, a copy of the
location record must be filed, under seal or upon
oath as aforesaid, with an abstract of title certified
as above by the proper recorder, tracing the right
of possession by a continuous chain of convey-
ances from the original locators to the applicant.

33. In the event of the mining records in any
case having been destroyed by fire or otherwise
lost, affidavit of the fact should be made, and
secondary evidence of possessory title will be re-
ceived, which may consist of the affidavit of the
claimant, supported by those of any other parties
cognizant of the facts relative to his location, occu-
pancy, possession, improvements, etc. ; and in such
case of lost records, any deeds, certificates of loca-
tion or purchase^ or other evidence which may be
in the claimant's possession, and tend to establish
his claim, should be filed.

34. Upon the receipt of these papers the register
will, at the expense of the claimant, publish a no-
tice of such application for the period of sixty days,
in a newspaper published nearest to the claim, and
will post a copy of such notice in his office for the



CERTIFICATE OF SURVEYOR-GENERAL.



same period. In all cases sixty days must inter-
vene between the first and last insertion of the
notice in such newspaper.

35. The notices so published and posted must
be as full and complete as possible, and embrace
all the data given in the notice posted upon the
claim.

36. Too much care cannot be exercised in the
preparation of these notices, inasmuch as upon
their accuracy and completeness will depend, in a
great measure, the regularity and validity of the
whole proceeding.

37. The claimant, either at the time of filing
these papers with the register, or at any time
during the sixty days* publication, is required to
file a certificate of the surveyor-general that not
less than five hundred dollars' worth of labor has
been expended or improvements made upon the
claim by the applicant or his grantors; that the
plat filed by the claimant is correct ; that the field-
notes of the survey, as filed, furnish such an accu-
rate description of the claim as will, if incorporated
into a patent, serve to fully identify the premises,
and that such reference is made therein to natural
objects or permanent monuments as will perpetu-
ate and fix the locus thereof.

38. It will be the more convenient way to have
this certificate indorsed by the surveyor-general,
both upon the plat and field-notes of survey filed
by the claimant as aforesaid.



COMPLETE PAYMENT.



169



39. After the sixty days' period of newspaper
publication has expired the claimant will file his
affidavit, showing that the plat and notice afore-
said remained conspicuously posted upon the claim
sought to be patented during said sixty days' pub-
lication.

40. Upon the filing of this affidavit the register
will, if no adverse claim was filed in his office
during the period of publication, permit the claim-
ant to pay for the land according to the area given
in the plat and field-notes of survey aforesaid, at
the rate of five dollars for each acre and five
dollars for each fractional part of an acre, the
receiver issuing the usual duplicate receipt there-
for ; after which the whole matter will be forwarded
to the Commissioner of the General Land Office
and a patent issued thereon if found regular.

41. In sending up the papers in the case the
register must not omit certifying to the fact that
the notice was posted in his office for the full period
of sixty days, such certificate to state distinctly
when such posting was done and how long con-
tinued.

42. The consecutive series of numbers of min-
eral entries must be continued, whether the same
are of lode or placer claims.

43. The surveyor-general must continue to
designate all surveyed mineral claims as hereto-
fore by a progressive series of numbers, begin-
ning with lot No. 37 in each township; the claim



i ;o



PATENTS FOR CLAIMS.



to be so designated at date of filing the plat, field-
notes, etc., in addition to the local designation of
the claim ; it being required in all cases that the
plat and field-notes of the survey of a claim must,
in addition to the reference to permanent objects
in the neighborhood, describe the locus of the
claim with reference to the lines of public surveys
by a line connecting a corner of the claim with the
nearest public corner of the United States surveys,
unless such claim be on unsurveyed lands at a re-
mote distance from such public corner ; in which
latter case the reference by course and distance to
permanent objects in the neighborhood will be a
sufficient designation by which to fix the locus
until the public surveys shall have been closed
upon its boundaries.

Placer Claims.

53. The proceedings to obtain patents for claims
usually called placers, including all forms of de-
posit, are similar to the proceedings prescribed for
obtaining patents for vein or lode claims; but
where said placer claim shall be upon surveyed
lands, and conform to legal subdivisions, no fur-
ther survey or plat will be required; and all
placer-mining claims located after May loth, 1872,
shall conform as nearly as practicable with the
United States system of public-land surveys and
the rectangular subdivisions of such surveys, and
no such location shall include more than twenty



TEN- ACRE LOTS.



171



acres for each individual claimant; but where
placer claims cannot be conformed to legal sub-
divisions, survey and plat shall be made as on
unsurveyed lands. But where such claims are
located previous to the public surveys, and do not
conform to legal subdivisions, survey, plat and
entry thereof may be made according to the boun-
daries fixed by local laws.

54. The proceedings for obtaining patents for
veins or lodes having already been fully given, it
will not be necessary to repeat them here ; it being
thought that careful attention thereto by appli-
cants and the local officers will enable them to act
understandingly in the matter, and make such
slight modifications in the notice, or otherwise, as
may be necessary in view of the different nature
of the two classes of claims, placer claims being
fixed, however, at two dollars and fifty cents per
acre, or fractional part of an acre.

55. By section 2330, authority is given for the
subdivision of forty-acre legal subdivisions into
ten-acre lots, which is intended for the greater con-
venience of miners in segregating their claims both
from one another and from intervening agricul-
tural lands.

56. It is held, therefore, that under a proper
construction of the law these ten-acre lots in min-
ing districts should be considered and dealt with,
to all intents and purposes, as legal subdivisions,
and that an applicant having a legal claim which



j ^ 2 HOW DESCRIBED.

\

conforms to one or more of these ten-acre lots,
either adjoining or cornering, may make entry
thereof, after the usual proceedings, without fur-
ther survey or plat.

57. In cases of this kind, however, the notice
given of the application must be very specific and
accurate in description, and as the forty-acre tracts
may be subdivided into ten-acre lots, either in the
form of squares of ten-by-ten chains, or of paral-
lelograms five by twenty chains, so long as the
lines are parallel and at right angles with the lines
of the public surveys, 1 it will bs necessary that the
notice and application state specifically what ten-
acre lots are sought to be patented, in addition to
the other data required in the notice.

58. Where the ten-acre subdivision is in the
form of a square it may be described, for instance,
as the " S. E. % of the S. W. % of the N. W. #,"
or, if in the form of a parallelogram as aforesaid,
it may be described as the " W. ^ of the W. ^ of
the S. W. # of the N. W. % (or the N. */ 2 of the
S. y* of the N. E. y of the S. E. %) of section

, township , range ," as the

case may be; but, in addition to this description of
the land, the notice must give all the other data
that is required in a mineral application, by which
parties may be put on inquiry as to the premises
sought to be patented. The proof submitted, with
applications for claims of this kind, must show
clearly the character and the extent of the im-
provement? upon the premises.



LIMITA TIONS. j 7 3

59. The proceedings necessary for the adjust-
ment of rights where a known vein or lode is em-
braced by a placer claim are so clearly defined
by section 2333, as to render any particular in-
structions upon that point at this time unnecessary.

60. When an adverse claim is filed to a placer
application, the proceedings are the same as in the
case of vein or lode claims, already described.

Quantity of Placer Ground Subject to Location.

61. By section 2330, it is declared that no loca-
cation of a placer claim, made after July 9th, 1870,
shall exceed one hundred and sixty acres for any
one person, or association of persons, which loca-
tion shall conform to the United States surveys.

62. Section 2331 provides that all placer-mining
claims located after May loth, 1872, shall conform
as nearly as practicable with the United States
system of public surveys and the subdivisions of
such surveys, and no such locations shall in-
clude more than twenty acres for each individual
claimant.

63. The foregoing provisions of law are con-
strued to mean that after the 9th day of July, 1870,
no location of a placer claim can be made to ex-
ceed one hundred and sixty 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 loth, 1872, no
location made by an individual can exceed twenty



j j . DISTRICT RE G ULA TIONS.

acres, and no location made by an association of
individuals can exceed one hundred and sixty
acres, which location of one hundred and sixty
acres cannot be made by a less number than eight
bona fide locators, but that whether as much as
twenty acres can be located by an individual, or
one hundred and sixty 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 regula-
tions 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 where such regulations permit locations
in excess of the maximums fixed by Congress as
aforesaid, they are restricted accordingly.

64. The regulations hereinbefore given as to the
manner of marking locations on the ground, and
placing the same on record, must be observed in
the case of placer locations, so far as the same are
applicable ; the law requiring, however, that where
placer claims are upon surveyed public lands the
locations must hereafter be -made to conform to
legal subdivisions thereof as near as practicable.

65. With regard to the proofs necessary to es-
tablish the possessory right to a placer claim, sec-
tion 2332 provides that, "where such person or
association, they and their grantors, have held and
worked their claims for a period equal to the time



SPECIAL E VIDENCE. j 7 5

prescribed by the statute of limitations for mining
claims of the State or Territory where the same
may be situated, evidence of such possession and
working of the claims for such period shall be suf-
ficient to establish a right to a patent thereto under
this chapter, in the absence of any adverse claim."

66. This provision of law will greatly lessen the
burden of proof, more especially in the case of old
claims located many years since, the records of
which, in many cases, have been destroyed by fire,
or lost in other ways during the lapse of time, but
concerning the possessory right to which all con-
troversy or litigation has long been settled.

67. When ah applicant desires to make his
proof of possessory right in accordance with this
provision of law, you will not require him to pro-
duce evidence of location, copies of conveyances,
or abstracts of title, as in other cases, but will re-
quire him to furnish a duly certified copy of the
statute of limitations of mining claims for the State
or Territory, together with his sworn statement,
giving a clear and succinct narration of the facts
as to the origin of his title, and likewise as to the
continuation of his possession of the mining-ground
covered by his application ; the area thereof, the
nature and extent of the mining that has been
done thereon ; whether there has been any oppo-
sition to his possession or litigation with regard to
his claim ; and if so, when the same ceased ;
whether such cessation was caused by compromise



176



CERTIFICATE REQUIRED.



or by judicial decree, and any additional facts
within the claimant's knowledge having a direct
bearing upon his possession and bona fides
which he may desire to submit in support of his
claim.

68. There should likewise be filed a certificate,
under seal of the court having jurisdiction of min-
ing cases within the judicial district embracing the
claim, that no. suit or action of any character what-
ever involving the right of possession to any por-
tion of the claim applied for is pending, and that
there has been no litigation before said court
affecting the title to said claim or any part thereof
for a period equal to the time fixed by the statute
of limitations for mining claims in the State or
Territory as aforesaid, other than that which has
been finally decided in favor of the claimant.

69. The claimant should support his narrative
of facts relative to his possession, occupancy and
improvements by corroborative testimony of any
disinterested person or persons of credibility who
may be cognizant of the facts in the case and
are capable of testifying understandingly in the
premises.

70. It will be to the advantage of claimants to
make their proofs as full and complete as practi-
cable.

Mill Sites.

71. Section 2337 provides that, "where non-
mineral land not contiguous to the vein or lode is



PATENT FOR MILL SITE. l >->-

used or occupied by the proprietor of such vein or
lode for mining or milling- purposes, such non-
adjacent surface-ground may be embraced and
included in an application for a patent for such
vein or lode, and the same may be patented there-
with, subject to the same preliminary requirements
as to survey and notice as are applicable to veins
or lodes ; but no location hereafter made of such
non-adjacent land shall exceed five acres, and pay-
ment for the same must be made at the same rate
as fixed by this chapter for the superficies of the
lode. The owner of a quartz-mill or reduction-
works, not owning a mine in connection therewith,
may also receive a patent for his mill site as pro-
vided in this section."

72. To avail themselves of this provision* of law,
parties holding the possessory right to a vein or
lode, and to a piece of non-mineral land not con-
tiguous thereto, for mining or milling purposes,
not exceeding the quantity allowed for such pur-
pose by the local rules, regulations or customs,
the proprietors of such vein or lode may file in the
proper land office their application for a patent,
under oath, in manner already set forth, herein,
which application, together with the plat and field-
notes, may include, embrace and describe, in addi-
tion to the vein or lode, such non-contiguous mill
site, and after due proceedings as to notice, etc.,
a patent will be issued conveying the same as one
claim.



j y g PR O OF RE Q UIRED.

73. In making- the survey in a case of this kind,
the lode claim should be described in the plat and
field-notes as " Lot No. 37, A," and the mill site as
"Lot No. 37, B," or whatever may be its appro-
priate numerical designation ; the course and dis-
tance from a corner of the mill site to a corner of
the lode claim to be invariably given in such plat
and field-notes, and a copy of the plat and notice
of application for patent must be conspicuously
posted upon the mill site as well as upon the vein
or lode for the statutory period of sixty days. In
making the entry no separate receipt or certificate
need be issued for the mill site, but the whole area
of both lode and mill site will be embraced in one
entry, the price being five dollars for each acre
and fractional part of an acre embraced by such
lode and mill site claim.

74. In case the owner of a quartz-mill or reduc-
tion-works is not the owner or claimant of a vein
or lode, the law permits him 'to make application
therefor in the same manner prescribed herein for
mining claims, and after due notice and proceed-
ings, in the absence of a valid adverse filing, to
enter and receive a patent for his mill site at said
price per acre.

75. In every case there must be satisfactory
proof that the land claimed as a mill site is not
mineral in character, which proof may, where the
matter is unquestioned, consist of the sworn state-
ment of the claimant, supported by that of one or



MANNER OF PROOF.



179



more disinterested persons capable from acquaint-
ance with the land to testify understandingly.

76. The law expressly limits mill site locations
made from and after its passage to five acres, but
whether so much as that can be located depends
upon the local customs, rules or regulations.

77. The registers and receivers will preserve an
unbroken consecutive series of numbers for all
mineral entries.

Proof of Citizenship of Mining Claimants.

78. The proof necessary to establish the citizen-
ship of applicants for mining patents must be made
in the following manner: In case of an incorpo-
rated company, a certified copy of their charter or
certificate of incorporation must be filed. In case
of an association of persons unincorporated, the
affidavit of their duly authorized agent, made upon
his own knowledge, or upon information and be-
lief, setting forth the residence of each person
forming such an association, must be submitted.
This affidavit must be accompanied by a power of
attorney from the parties forming such association,
authorizing the person who makes the affidavit of
citizenship to act for them in the matter of their
application for patent.

79. In case of an individual or an association of
individuals who do not appear by their duly au-
thqrized agent, you will require the affidavit of
each applicant, showing whether he is a native or



j g o AFFIDA VIT.

naturalized citizen, when and where born, and his
residence.

80. In case an applicant has declared his inten-
tion to become a citizen, or has been naturalized,
his affidavit must show the date, place and court
before which he declared his intention, or from
which his certificate of citizenship issued, and pre-
sent residence.

81. The affidavit of citizenship may be taken
before the register and receiver, or any other
officer authorized to administer oaths within the
district.



CHAPTER V.

THE BLACK HILLS: EARLY HISTORY AND DISCOVERY INDIAN TRA-
DITIONS ORIGIN OF THE DISCOVERY OF GOLD THE FIRST PARTY
TO WINTER THERE EVIDENCES OF FORMER OCCUPATION THE FIRST
CITY THE FIRST DISCOVERY OF QUARTZ COST OF SOME OF THE
MINES ANNUAL PRODUCTION MINING REGULATIONS, ETC.

The Black Hills Early History and Discovery.

ABOUT two hundred and forty miles north
of the Union Pacific Railway, in the midst
of an alkaline desert, and embraced be-
tween two branches of the Cheyenne River a
tributary of the Missouri rises a magnificent
mass of mountains, covering an extent of territory
about as large as the State of Vermont. To these
mountains the Sioux Indians gave the name of
" Pah Sappa," which, interpreted, is Black Hill.
These are the Black Hills proper. Another range
of mountains, about two hundred miles west and
south-west, are called by this name, and are lain
down on some maps as such, but they properly
belong to the Laramie Mountain range, and are a
continuation of these mountains, and should not
be- called Black Hills.

The Black Hills rise up abruptly and alone in
the midst of a plain more than two hundred miles
from any other range of mountains, their highest
peaks reaching about seven thousand feet above

ii 181



jg 2 INDIANS MERE SOJOURNERS.

sea level. They might truly be called an oasis in
a wide and dreary desert, its approaches on every
side being through long stretches of treeless
plains, whose waters are so strongly impregnated
with alkalies as to be unfit for the use of man.
But when once the hills are reached, all this is
changed. Dense forests abound ; springs and
streams of pure water are abundant, and along
the creek bottom-lands grows luxuriant grass.
The soil of the valleys is rich and fertile, and it
will become a fine grazing country.

The Black Hills' Indian Natives.

It was the opinion of the exploring expedition
of 1875 that the Hills had never been the perma-
nent home of the Indians. Had the country been
used as such a residence within a period of thirty
years, it is claimed some marks of its occupation
would have been visible. But the party learned
that, although small bands of Indians go a little
way into the Hills to cut lodge polls, all signs indi-



Online LibraryG. Thomas (George Thomas) InghamDigging gold among the Rockies; or, Exciting adventures of wild camp life in Leadville, Black Hills and the Gunnison country → online text (page 9 of 27)