The Age (Boulder, Mont.) 1888-1904, August 21, 1889, Image 2

a only argument so far presented in favor of the adoption, and as it most frequently comes from the lips of men Who may expect high honors under a new order of government, there may be a tincture of selfishness about the argument.. Still it is worthy of time consideration of all citizente and is therefore submitted. - - Tire AGE ¡his week publishes in full the mining bill which Senator Stewart, of Nevada, proposes tu introdttce in the United States Senate at the next session of Congress. The Senator ix desirous that the bill . shall ive time consideration and She criticism . ' of mining men awl prospectors, and will gladly receive suggestions and amend- ments. Believing - that discussion is apt to bring out the beet ideas on such matters, TUE AG J E will be glad to pub- lish any communications ou the sub- ject. A marked copy of the paper containing any such communication will be sent to the Senator, so that the matter will be brought to his attention as well as toetlie atteution (if others j who are .devdting thought to the sub- ject. I ' o THE BUTTE Miner. insinuates that henry George is not appreciated in the wild and woolly west because four new States have completed forty (lays and forty nights of liard constitution - making without ise much assincorpor- sting a plank suggestive of land val- ues.\ The Miner must be a superficial student of Henry George's theories or else have paid little attention to the proceedings of the Conventions but side of Montana. Vie Washington st.. Pammaii. Wm. Illossaa. \balkier: - .1 Convention has declared the harbor- • saro mm -. 5 2 kenia g a s ‚ isee € , T - x -i nv , I rights to be public property and pro- videl for. their being leased and not sold, and this is exactly in the line of Henry George's theories. • The Naith - Istkota Ceinvention adopted unani- mously a sestion providing that all fio ow ing serest ins and natural waterways »hall forever remain the property of the State. A similar proposition in , the Montana Convention was defeated only by a vote of thirty-two to twen- ty-eight, with fifteen members absent or not voting: Certainly, the advo- w 4k, sr, po p IF; • cotes in the \wild and woolly Went\ of the Henry George theories haven() rea.son to be • disheartened. Rather are they encouraged, especially in view of the fact that the principleeputinci- ated above were adopted not bectime they were Henry George's theories to& because they were self-evident truths. It is probable that very few who voted for those propoestiona had any idea they were getting upon Henry George's Platform. and their action is pretty good proof that Mr. George's theories are correct and that when thoroughly understosid they will be generally adopted.. TUE AGE be- lieves that had • Mr. George made his three -months' campaign last spring in the NOrthwest instead of in England, two at least of the new States and um ,. probably more would have adopted the Single,Tax idea. CONSTITUTIONAL CONVENTION WIMOLEPAI-E AND arr.tie 73 X! 17 Clk 1G1.• X ES wrsa We emery all u sed. «malty earring by DREUGMTS. LL) Illid-Oar Prices Lae Menarearble \kb ?try a Bileins or Owe linda Water TO ALL im\== 1 23 00:14\1 1 13 sa- BORTH sad 1101L-rld., t THE UNION PACMC t t o ONNZILAI. Mr* LT and erransars Derma lte. $0 N. Maze dratzt. Br-rre_ Moer E. V. MAZE, City Ticket A ss n& J. A- Lzwie Genesid A g ent_ /HE AGE - - - BOULDER, MONT. Wsmiunear, •Arersr 21, 1889. Liar SÁTVILDAY the Coffltitutional Convention of Montana completed its labors and adjourned. Whether or nee the Constitution is worthy of , adoption is a question which the peo- ee was generally have to decide on ' trust. Of course it is to be printed and circulated. but the experience of Montana in such matters is such as to warrant the aesertion that the Consti- tution will not be circulated in season to a1 -low a fair consideration and die- cussion of its merits. As the matter stands at present. there is considerable opposition to its adoption. There are unquestionably several unjust propo- sitions embraced in the proposed Con- anitution--propetitioes which would cause its rejection were the question one betweee this and a Constitution already in force. But the rejection id this Constitution means the continu - in Territorial tramialage for an indefinite period Tbie he‘ been the address tó the people to accompany the printed copy of the Constitution. rg Knippenbe, Magintais, Stapleton, Marshall, Gibsoe, and Rickards were appointed a 4ammittee to take into consideration fhe organization of the members of the Convention into a permanent body for social purposes, after which the Convention adjourned sine die. October: In casse the let day of Octo- ber falls on Standee- or leay holiday, the following secular dam shall he con- strued as the last day of 'October with- in the meaning of this act. When the labor required by this act shall have been performed or the improve- ments made, au affidavit shall be filed within thirty days alter the time limited for Performing such labor or making such improvements with the STEWART'S MINING BILL. recorder of such mining district in which such cet1me4re situated, and The following is the full text of the if there be nène then with tue Re s bill amending the United States min- corder of deeds of the county in ' ei-al laws introduced by Senator Stew- ! which the claim or mine is situated art in the Senate at its last sesioř,.particularly describing the labor per - and which passed the Senate, but rmed and improvements made. and failed to go through the House oWing the value thereof, which affidavit shall to the pressure of other legialation.. be prima facie evidence of the fates and which will be reintrodueed at time therein stated. And upon a failure next session of Congress. Owing to to comply with these conditions, the ' its importance it is here printed in claim o 'ne upon which such failure full to permit those desirous of doing occur all be open to relocation so ‚ to accept Senator Stewart's invite- in the same manner as if no location tier' to criticise: • of the same had ever been made; A bill to amend chapter 6 of title 32,. Pnn'idedo that the original locators, of the Revised Statutes relating to' their heirs, assigns, or legal represent - mineral l au d s an d w i n i ng resurces , atives do not resume work upon the B'>-\ claim after such failure and before la the Constitutional Convention on Thursday, August 15th, a propo- sition was adopted accepting from the United States the several grants of laud mentioned in the enabling act. The apportionment question came up for final action. An effort was made to have the Senatorial appor- tionment changed -but -without result,- so the apportionment will stand at one Senator for each county. The cornu' it t ee's report giving Cascade and Dawson counties one joint mem- ber, an effort was made...to. allow 'Dawson the whole member, Cascade already having two. This was de- feated, as was also the report to give the joint member to Yellowstone and Dawson. instead of Casaule and Dow- The apportionment was then pted by a vote oflorty-three to twenty. On Friday. August 16th, the Con- vention spent the'day in making ver- bal amendments to the various propo- sitions, as reported by the committee on revisions and phraseology. On Saturday, August 17th, the eommittee on enrollment reported the Constitution correctly enrolled, and it was thereupon adopted as a whole, I Warren and Courtney, both of Silver Bow, voting against it but afterward chanesing their votes. Absent mem- bers were given ten days to sign the document. Congratulatory resolutions to tlie President and other officers were adopted. ‚Provisions were made for the printing of the Constitution, and Maginnis, -Toole. Craven, Carpenter, and Muth, all of Lewis and Clark, were appointed a' committee to 'lee that 14 was correctly printed. J. K. T,00le, Callaway, Dixon, Carpenter, Conine, Bickford, and Warren were appointed a committee to prepare an 1 # e it enacted by Me .Senate and House o f R epreieniat i oee f the ‚‚;‚.‚'.'j s tain , of such location, and continue the same America in Congrem assembled, that section with reasonable diligence until the 2J19 of the Revised Statutes be amended required amount of labor shall have by adding thereto the following: been performed or improvements made. \But no person shall acquire by lo- Upon the failure of any, one of several cation more than 1500 feet in length co -owners to contribute his proportisn on the same vein 110f shall any person of the expenditures required hereby, relocate a claim which he has previ- the co -owners who have performed onaly located.\ the labor or made- the improvement SEC. 2. That section 2324 of the may, at the expiration of the year, Revised Statutes be amended so as to give such delinquenrco-owner person - read: al notice in writing or notice by pub- \SEc. 2324. „Tile miners of each lication in the newspaper nearest the wining district may make regulations, claim, 'for 'at least once a week for not in conflict with the laws of the ninety days. and if at the expiration United States or with the laws of the of ninety days after such notice in State or Territory in which the dis- writing or by ,publication such de- linquent shall fail or refuse to contrib- ute his proportion of the expenditure required by this section, his ,interest shall become the property of his co - owners who have made the required expenditures, upon recording a •copy of such notice, together eith an affi- davit. showing personal service or publication, as the case may be, of such notice with the recorder of the mining district in 'which such claim is situated, and if there be no_sueli officer then with the Recorder of deed of the county in which such mining claim is situated. When any person or company has developed and exposed a lode, and expended 8100 worth of labor thereon, said person or company may run a tunnel for the purpose of deV • eloping such lode owned by said person or company, and the money so expended in said tunnel shall be con- sidered as expended ou said lode, and such person and company shall not thereafter be respired to perform later or make improvements on the surface of such lode in order to hold the same, so long as work is continued on such tunnel.\ ' SEC. 3. That section 2325 of the Revised Statutes be amended so as to read: \Sac. 2325. A patent for any land claimed and located for valuable de- posits may be obtained in the follow - adjoining claims, not exceeding five, ing manner: Any person, corporation nhether the same, be lode or placer or association 'authorized to locate a claims, are owned or held by the same claim under this chapter, having ' person, association or corporation, and claimed and located a piece of land ; the sum of $5,000 or more is expend- for such purposes, who bas or have ed in any one year in good faith for complied with the terms of this chap - the development of all the claims so ter, may file in the proper Land office owned or held, not exceeding fivers an application for a patent, under -there shall be - no requirements for oath - , - showing such compliance, to= , separate labor or improvements to be gether with a plat and field notes of performed or made on the several the claim or claims in common. made claims ItO owned or held during such by or under the direction of the year. The year within which the United States Surveyor General. show- , triet is situated, govern ing the location, manner of recording, amount of work neeesffl - s - to hold possession of a min- ing claim, subject to the following requirements: The location must be distinctly marked on the ground by posts or monements, an that its boun- dary Can be easily traced. All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location and - such a description of the claim or claims located as will identify time claim. On each claim located sifter the 10th day of May, 1872, and until payment of the purelhatio money and a certificate of entry has been issued therefor, not less than 8100 worth of labor shall be performed or improve- ments made during each year. Ou all claims located prior to the 10th day of May, 1872, 810 worth of labor shall be performed or improventents made during each year for each 100 feetin, length along time vein- until paynient of the purchase money and a certifiCate of entry has been issued therefor; and for each twenty acres of placer claims and fdr each subdivision' thereof lees than twenty acres 825 worth of labor \shall be performed or improvements made during each year until payment of the purchase money and a certificate of entry shall be issued therefor. But where several • annual labor or improvements requit: ing acctuately_the boundaries of the cd to be performed or made by this I claim or claims, which shall .be ; dis- section shall commence at 12 o'clock tinctly marked by monuments on the , meridiae on the first day of October ground, and shall post a copy of such ; of each year; Provided, That upon I plat, together with a notice of such ! claims located previous to the 1st day ! application for a patent. in a conspic- of March in any year, the annual ‚tons place on time land embraced in' labor or improvements shall be per- such plat previous to the filing of the formed or made on such claim for j application for a patent, and shall file that year prior to 12 o'clock meridian an affidavit that such plat and notice of the first (lay of October next suc- I have been duly posted, and shall also ceeding; and upon claims -located after file a copy of the notice in the Land the last day of February and prior to' Office, and shall thereupon be entitled 12 o:clock meridian of the first day to a patent for the land, in the man- of October in any year the annual la- ! tier following: The Register of the! bor or improvements required shall be Land Office, upon the filing of such performed or made prior to 12 o'clock application, plat, field notes, notices, meridian of the first day of the next and affidavits shall publish a notice following October- and provided fur- that such application has been made tber. that only one-half of eheannual for the period of sixty days in a news- : labor or improvements required by paper to be by him designated as pub- . this act shall be necessary to be per- Herbed nearest to such elaim: and he ,* formed or made prior to 12 o'clock shall also poet such notice in his office meridian Of time 1st day of October, for the same period. The claimant at in the yeaf 1889, on claims upon the time of filing this application, or which the annual labor or improve- at any titnegthereafter within sixty ments were performed or made , in the days of publication, shall file with year 1888; ,but after the 1st day of the Register a certificate of. the October, in the year 1889, the full United States Surveyor General that amount of labor or improvements re- 8500 worth of labor lias been expend- quired by this act shatl_...he performed ed or inipnivementa made upon the or made upon spelt claims as in all debit by himself or grantoni; that time other cases during each year prior to plat is correct, with some further de- . PI co'elork meridian of the let day of script ion by such reference to natural objects or permanent monument» as shall identify the a:aim. and furnish an accurate debeription. to be incor- porated in the patent. At the expira- tion - of the sixty days of publication the claimant file his affidavit, showing that -1 he !plat and notice have been posted in a conspienous place on the claim during such period of pub- lication. If no adverse claim shall have been filed with the Register and Receiver of the proper land Oficieat the expiration of the sixty days of publicition it shall be • assured that the applicant ias entitled to a patent, and that no adverse daim exiles, and upon the payment to the proper offi- cer of $5 per acre he shall receive a fertificate of entry; and thereafter no objections from third parties to the issuance of a. patent shall be heard, .except it be shown that the applicant has failed to comply with the terms of this chapter,- But no more than 3.000 feet in length along the vein of claims located prior to the 101h day of May, 1872, and not more than the extent of one claim 1,500 feet in width located after said date shall be included in the same application for a patent, and not more than eighty acres of placer ground shall be induded in the name application for patent.\ Sec. 4. That section =34 of the Revised Statutes be amended by add- ing thereto the following-: \And the surveyors appointed un- der the provisions of this section shall have power to administer oaths to their assistants. - SEC. 5. That section 2335 of the Revised Statutes be amended so as to read: \SEC. 2335. All affidavits required to be made under this chapter may be verified before any offices -authorized to administer oaths in any State or Territory of the United States or in the District of Columbia. and all tes- timony and proofs may be taken be- fore stey such officer, and, when duly certified by the officer taking the same, shall have the same force and effect as if taken befine the Regin r and Receiver of the Land Office. In cases of contest as to the mineral or agricultural character of land, the testimony and proofs mar be taken under such regulations as the Com- missioner of the General Land Office may prescribe; provided, that the presence of rock in plaice bearing gold, silver, cinnabar or other valuable metal, shall be regardedas/irises facie evidence that the land containing the same is mineral in character, and -veins of ruck in 'place bearing such minerals and appearing on the surfai e of the ground, or in excavation' made thereon, shall be regarded within the meaning of section =33 of the Re- vised btatuteeass veins or lodes known • to exist.\ Suc. 6. Amend section 2338 of the Revised Statute; soas to read: \Stec. 2338. And as a condition of sale each latent shall reserve the right of way through or over an' min- ing claim for roads, ditches, canals, cute, tunnels, and other easements, for the purpose of working other mines, provided, that any mages occasioned thereby shall be ansermed and paid in time manner provided by the laws of the State or Territory in which such mine is situated for arBelltt- ments and payments for land taken for public uee under the rigth of emi- nent domain_ And the rights and easements heretofore reserved under provisions of this section ;2338 of the Revised Statutes', in patents here- tofore issued shall be resented and made available an herein preseribed.\ w otertia: o maximum. HOULDEIL MONTANA Wholisale and Retail mzei za. sa Of lieef, Mutt..n. Pork, 'Weed. ALL KINDS OF SAUSAGE A SPECIALTY. Salt Meats et Best Atecality Always ea Illionet. FRESH FISH AND GAIE IN THEIR ‚WON. 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