Part 2

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.

[Signed.] ---- ---- 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.

Water Rights.

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 be irrigated 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.

Mill Sites.

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.

Homestead and Pre-emption.

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 the _world at large_ for _any_ man 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 show full 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

As Mineral,

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 Fees.

United States Land Office Registers and Receivers are permitted by law to charge the following fees:

Homestead or pre-emption declaratory statement $1.00 On final certificate for each 160 acres 5.00 ” ” ” 320 ” 10.00 ” ” ” section, or 640 acres 15.00 Locations by States under grants, for each 160 acres 1.00 For superintending public land sales 5.00 For acting on application for patent or adverse mineral claim 5.00 For testimony either in mineral or agricultural land cases, taken in writing, for claimants, each 100 words .15

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:

Not to exceed one folio $1.00 For each additional folio .20

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.

=Arizona Mine Mills.=

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:

Champion (steam drop) 2 stamps Silver King 5 ” Townsend & Co. (5 already up) 10 ” Peck (originally Black Warrior) 10 ” Signal 10 ” McCrackin 20 ” Hackberry 10 ” Walnut Grove (10?) 5 ” Dean 10 ” Knowles (Empire Flat) 10 ” Masterson’s, Turkey Creek 2 ” No. of stamps not mentioned. --------- Total 94 stamps

Of the mills which have been in operation since and before last spring, we can recall the following:

Ostrich (it may be 10) 5 stamps Morrill & Ketchum 6 ” Tidwell 3 ” Aztlan 5 ” Frederick’s 10 ” Constancia (now Luke’s) 10 ” Mineral Park 5 ” Crook 5 ” Greenwood 10 ” Bill Smith’s 10 ” --------- Total 60 stamps

_Yuma Sentinel, October._

APPENDIX

Table Showing the Value of any Amount of Gold Dust, from 1 grain to 10 ounces, at $16 to $23 per ounce.