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shall be recognized as crossing a gulch and whoever shall discover the course and prove up the lode on the opposite side of the gulch shall have the right of discovery as the law provides and shall also have the right to name the lodes but the lodes staked and claimed across a gulch or an extension of one already discovered on the opposite side shall be legal provided they do not interfer with lodes or claims already recorded or being discovered.
Cross Lodes Owners of cross lodes shall have the right to work their crevice up to the previously discovered lode and one half of the surface for waste dirt Quartz &c
Murder Any person found guilty of wilful murder shall be hanged by the neck until dead and then given to his friends if called for and if not to be decently buried and all other crimes not enumerated in these laws shall be punished as the Court or Jury of men shall decide
Perjury or Theft Any person found guilty of perjury or theft shall receive not more than twenty five nor less than ten lashes on the bare back and banished from the District and their property confiscated to pay cost of prosecuted and damage
Setting out Fire Any person who shall willfully maliciously or throngh neglect set out any fire in this District or so that it comes into this District and destroy any timber or other property shall be guilty of a misdemeanor and on conviction thereof shall be punished as the Court or Jury may direct and be liable to all parties injured thereby
Nuisances Every act of commission or omission which may affect the health or convenience shall be regarded as a nuisance and the person or persons causing the same shall be liable to a fine of not more than one hundred nor less than five dollars and remain so liable for every twenty four hours the same may continue to be determined by the Court or jury according to the aggravated nature of the offence and it shall be the duty of the officer of the District to see that this section of the law is put in force
These laws shall take effect from and after their adopting and shall not be altered changed or amended without the authority and sanction of a majority of the legal voters of the District at some public meeting legally called for that purpose
CUSTER COUNTY.-CHEYENNE MINING DISTRICT.
In June, 1875, there then being 30 to 40 miners on French Creek in and about Custer, a meeting was held and the Cheyenne Mining District formed. A few laws were passed, and a recorder elected.
On January 5th 1876, the miners again came together. D. K. Snively was elected Chairman, and G. E. Thornton Secretary.
J. P. Harlow offered the following resolution:
Resolved, That all claims on French Creek, held or pretended to be held by persons not now in the Black Hills, are hereby declared to be vacant and open to re-location by citizens of the United States, and those who have declared their intentions to become such. This was adopted.
Mr. S. R. Shankland moved that claim No. 42 above discovery, belonging to James Saunders, should be reserved, as Saunders was then on his way into the Hills, with a saw-mill. This also was adopted, and then the meeting adjourned until the following Saturday.
According to agreement, the miners came together January 8th 1876, and the following laws were adopted, all previous regulations being declared null and void.
LAWS OF THE CHEYENNE MINING DISTRICT.
SECTION I The Cheyenne Mining District shall extend from discovery, at a point called the Bear Hole, down French Creek as far as White's Rock, where it intersects the Energetic Mining District, and up the Creek from discovery to the source of the creek.
(At a meeting held April 26 1879, at which Cyrus Cole was elected Chairman, and S. R. Shankland, Secretary, Sections I, IV, XV, and others were amended. I give the amendments under each section.)
SECTION 1-Amended April 26th 1879.
The Cheyenne Mining District shall extend from the extreme head of French Creek to a point called White's rocks on said French Creek about one and a half miles below Custer, and 5 miles in width on each side of said creek.
SECTION II-There shall be two kinds of placer claims: gulch claims and hill claims. Gulch claims shall include all banks and bars not more than thirty (30) feet above the surface of the Creek. Hill claims shall include all elevations above the height of gulch claims. At a meeting held January 15th 1876, with P. J. Keefer in the chair, and S. R. Shankland, Secretary, this section was amended as follows:
SECTION 2-Amended Jan. 15th 1876.
"There shall be two kinds of placer claims, gulch claims and hill claims. Gulch claims shall include all banks and bars not more than 30 feet above the surface of the creek, and 300 feet in length. Hill claims shall include all elevations above the height of gulch claims".
At a meeting held April 30th 1876-D. K. Snively, chairman, S. R. Shankland, secretary-this was again amended, as follows: SECTION 2-Amended April 30th 1876.
There shall be two kinds of placer claims, gulch claims and hill claims. Gulch claims shall include all ground lying between the first outside rim of adjoining bars on each side of the main channel of the gulch.
Section 2-Amended April 26th 1879.
"There shall be four kinds of claims, to wit: Gulch or Creek Claims, Bar Claims, Hill Claims, and Dry Sag Claims. Gulch or Creek claims embrace all the ground lying between the two rims of the gulch. Bar claims embrace 150 feet in width from the rim of Gulch or Creek claims. Hill claims, Gulch claims, Bar claims and Dry Sag claims shall be 300 feet in length and 150 feet in width, except gulch or Creek claims which shall be confined to the space lying between the two rims"
SECTION III-Gulch claims shall extend 300 feet parallel with the creek and 100 feet back on each side.
(This section was stricken out at the meeting held Jan. 15th 1876.)
SECTION IV—All citizens of the United States, or who have declared their intention to become such, may locate a claim in this district; but no one shall be entitled to hold more than one gulch claim, nor more than one hill claim by location
Section 4-Amended April 26th 1879.
"Any citizen of the United States, or who has declared his intention to become such, may locate a claim of each character as described in Section 2 of these laws, but no person shall be entitled to hold more than one claim of each kind by location in the same gulch, but in case of sale or abandonment of a claim, a claim can be located in any other gulch".
SECTION V-Location of a claim must be made in person.
SECTION VI-Notice of a claim must be conspicuously staked at each end of the claim, with name of locator, date of location, and nature of the claim plainly written on the stakes.
SECTION VII-Claims must be recorded in 5 days after their location, or continually worked. All recorded claims must be represented by one day's labor every 10 days. Working of one of a company's claims shall be proper representation of all their joint claims. Failure to comply with this section subjects the claim to relocation.
Section 7-Amended April 30th 1876.
"Claims must be recorded in five days after their location or continually worked. All recorded claims must be represented by four days labor in every week."
Amended April 25th 1879.
"All claims must be recorded in 5 days after location or continually worked, and all recorded claims must be worked one day in each week or the same shall be subject to relocation. Work upon any one of a Company's adjoining claims shall be considered proper representation for all claims held by the company adjoining".
SECTION VIII-Claim owners shall have the right to run ditches, canals or tunnels through claims above or below their own, but must leave a sluice head of water in the creek for the working of claims above, and must return the water turned from the creek to its natural channel at the lower end of their claims, unless otherwise arranged between parties interested.
Section S-Amended April 30th 1876.
"Claim owners shall have the right to run ditches, canals or tunnels through claims above their own, but must leave a sluice head of water in the creek for the working of claims above, and must return the water turned from the creek to its natural channel at the lower end of their claims, unless otherwise arranged between parties interested".
SECTION IX-No person shall be allowed to dump tailings on claims not their own, except by consent of owners.
"No person shall be allowed to dump tailings or back water on claims not their own, except by consent of owners". SECTION X-Pulling up, destroying, or defacing of claim stakes works forfeiture of right to hold claims in this district. SECTION XI—A recorder of the district,shall be elected by ballot on the 8th day of January of each year. His term of office shall be one year, unless sooner removed. It shall be his duty to stake off all claims in the district and number the same. He shall keep a proper book of record, which shall be open to public inspection at any time, in which he shall make a correct entry of all claims presented for record, with name of locator, date of location, and number and nature of claim. He shall issue a certificate for each claim recorded, and shall be entitled to a fee of $100 for recording each placer claim.
SECTION XII-The recorder of this district may be removed from office by a two-third vote of a meeting of not less than 75 miners holding claims in this district, for malfeasance in office, or incompetency.
SECTION XIII-Adverse claims, or grievances may be brought before and decided by a meeting of miners of this district sitting as a court of arbitration, or may be decided by a committee of an even number of miners of which number either party in contest chooses one-half.
SECTION XIV-A miners' meeting in this district shall be called by the recorder upon the written application of not less than 10 miners holding claims in the district, and written notice of such meeting shall be posted at least 5 days before such meeting is to take place, in 2 different places in the district.
SECTION XV—The foregoing laws and regulations cannot be altered, changed or annulled, except by a two-third vote of a meeting of not less than 40 miners holding claims in this district.
Section 15-Amended April 26th 1879.
"The foregoing laws cannot be altered, changed or annulled, except by a two-thirds vote of not less than 12 miners holding claims in this district".
SECTION XVI-These laws and regulations shall take effect and be in force from and after their passage.
SECTION XVII—(Adopted April 26th 1879) Any discoverer of a new gulch or channel shall be entitled to an additional claim by right of discovery.
LAWRENCE COUNTY.-WHITEWOOD QUARTZ MINING DISTRICT.
LAWS OF THE WHITEWOOD QUARTZ DISTRICT.
In accordance with a notice published in the Black Hills Pioneer, on the 9th day of December 1876, and with other notices posted in conspicuous places before and after advertising above, of which notice, the following is a
Notice is hereby given that a meeting of the Quartz Miners of Whitewood District, will be held at Gayville, on the 29th day of December, A. D. 1876, at 2 o'clock, P. M., at the house of Thomas Campbell, for the purpose of making local and adopting general laws. It is of vital importance that all those who have any interest in that respect should be present. "Whitewood District" is that portion of the Black Hills which embraces Whitewood Creek and all its tributaries. T. H. CARR, "Recorder"
The meeting convened in pursuance to call of notice at 2 o'clock P. M., at the house of Thomas Campbell, at Gayville, in the Black Hills, D. T.
On motion of T. H. Carr, Mr. D. E. Costigan was elected temporary president of the meeting.
On motion of John M. Murphy, Mr. T. H. Carr was elected temporary secretary of said meeting.
On motion of S. P. Romans, Mr. D. E. Costigan was chosen permament president and T. H. Carr permament secretary.
1 On motion, the president appointed John M. Murphy, S. P. Romans, John Bell, Henry Spruce, and George L. Houghton as a committee of five, with the first named as chairman, "to draft local, and to adopt general laws for this district," and they were instructed to report at an adjourned meeting to be held December 30th 1876. Upon this, the meeting adjourned.
On December 30, the miners again came to-gether, and the committee presented their report in writing, which upon being read, was adopted section by section. It was as follows:
Be it enacted by the Quartz Miners of Whitewood Mining District in mass meeting assembled December 30th 1876. The following laws rules and regulations governing the locations of quartz claims in said district, to-wit:
SEC. 1. Whitewood District shall consist of all that section of country drained by Whitewood Creek and tributaries. The officers of Whitewood District shall consist of a Recorder and Secretary. The Recorder to be ex-officio Secretary and shall keep the records of all meetings.
} SEC. 2. We hereby adopt the United States mining laws of May 10th 1872, with acts, amendments, thereto, with the following local rules and requirements.
SEC. 3. From and after the approval of these laws, all citizens of the United States of lawful age and those who have declared their intentions to become such, under the regulations specified by law shall have the right to locate claims in Whitewood mining district upon veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits.
SEC. 4. A mining claim located after the adoption of these laws, whether located by one or more persons, may equal but shall not exceed 1,500 feet in length along the vein or lode; no claim shall extend more than 150 feet on each side of the middle of the vein at the surface. the end lines of each claim shall be parallel to each other.
! SEC. 5. In order to entitle any person or persons to record any lead, lode or leads of quartz claim either of gold, silver, cinnabar, lead, tin, copper or other valuable deposits, there shall first be discovered a vein, lode or mineral deposit, lying in place, upon the ground claimed, the said claimant or claimants shall place a post or monument at each corner of the land claimed; also a post or monument at each end of the land claimed, marking the centre of the land claimed; also a post or monument at the centre of each side line; also at discovery shaft, a stake or board upon which shall be designated the name of the lode or claim, the name or names of the locators, the number of feet of ground claimed and in what direction from the point of discovery, and the number of feet claimed on each side of the vien or crevice, and such a description of the claim by reference to some natural object or permament mound as will identify the claim, such as prominent buttes, the confluence of streams and other land marks in the vicinity of the mines.
SEC. 6. A copy of a location notice of a mining claim tunnel site or mill site, shall be handed to the Recorder of this district within 20 days from the posting of said notice on the claim or the location shall be held as abandoned.
SEC. 7. In order to hold a possessory right to a claim, there shall be not less than one hundred dollars ($100) worth of work done thereon during each year, and in performing such labor, 500 cubic feet in picking ground, and 125 cubic feet in blasting rock shall be estimated at one hundred dollars.
SEC. 8. It shall be the duty of the Recorder to call meetings of the quartz miners of this district, whenever a petition is handed him signed by ten or more persons owning quartz claims in this district or the legal representatives of such quartz claim owners, requesting him to give notice of such meeting for the purpose of altering or amending the laws of this district or for the election of a quartz recorder, and such notices shall be posted in at least five conspicuous places in the district for at least ten days previous to the meeting, and it shall be the duty of the recorder to record all location notices upon the payment of his fees. He shall have the right to appoint one or more deputies and shall be entitled to the following fees: For recording quartz claims, mill sites, and tunnel rights, each two dollars, and for deeds, bonds, mortgages and other instruments of writing, one dollar for each folio and fifty cents for each additional folio, and certified copies of location notices shall be furnished for one dollar each.
(To this, the following amendment was offered, carried and incorporated in the section:-"That any meeting hereafter called, it shall require a two-thirds majority of the quartz miners present to decide any measure before said meeting.")
SEC. 9. The District Recorder is hereby authorized to administer oaths or affimations when the mining laws of the United States require the same, relative to mining purposes.
SEC. 10. The present Recorder, T. H. Carr, is hereby declared elected recorder for the year ending December 31st 1877.
SEC. 11. The records are hereby declared to be the property of the district. The Recorder shall turn over to his successor in office all books, records, papers and documents belonging to his office, and in the event of the organization of a county in this district, he shall turn over to the recorder of the county all the records of his office when such county organization is completed.
On the 6th day of March, 1877, the miners again met and passed this resolution:
SEC. 12-" Resolved, That we the quartz miners of Whitewood Quartz Mining District, in mass meeting assembled, re-enact and legalize the laws heretofore passed and adopted in this district and that Thomas H. Carr, the present recorder be elected and is hereby declared recorder of this district for one year from this date".
S. P. Romans was in the Chair, and Geo. S. Houghton acted as secretary.
On the 10th day of May, 1877, the miners again came together, and passed the following:
SEC. 13. "Be it Enacted by the quartz miners of Whitewood Quartz Mining District, in mass meeting assembled, That the quartz recorder of said district is hereby authorized to turn over all records, laws, papers and documents, belonging to said office to the Recorder of Deeds of Lawrence county, D. T., within thirty days from date, and the recorder is requested to take receipts for the same when delivered”. 8. P. Romans also presided at this meeting, and T. H. Carr performed the duties of secretary.
On April 30th, 1877, Carr received the following:
"T. H. CARR, Esq.
"SIR: Your petitioners would respectfully ask that a meeting of the quartz miners of Whitewood Quartz District, be called in conformity with section (9) of the laws of said district for the purpose of changing a portion of section twelve (12) of said laws, and for the transaction of such businees as may legally come before the meeting".
This was signed by W. M. Bull, James Ryan, John Sinclair, H. H. Reed, E. F. Gallaher, M. Goldman, L. P. Elliott, and D. Jones, and in accordance with the petition, the following notice was given:
To all whom it may concern:
MAY 25th, A. D. 1877. Notice is hereby given that a meeting of the quarts miners of Whitewood District will be held at the house of Thomas Hanley, in Gayville, on the 8th day of June, A. D., 1877, at 7 o'clock, P. M., to transact important business relative to the records of Whitewood District.
The meeting duly convened and J. H. S. Coleman was elected president and Wm Lardner secretary.
On motion, and by a unanimous vote the following portion of Sec. 12, to-wit: "And in the event of the organization of a county in this district, he shall turn over to the recorder of the county all the records of this office when such organization is completed," and the whole of section 14 be repealed.
(NOTE-It will be noticed that there is a great discrepancy in numbers concerning the sections acted upon. As I am simply copying the originals, I do not pretend to reconcile or explain these differences, being concerned only in facts and accurate fac similes of papers. Grayson P. Mac Arthur, Special Expert. )
In the latter end of August, about the 28th, the following notice was posted:
"Notice is hereby given that a meeting of the miners of Whitewood Quartz Mining District, will be held in the house of Thomas Campbell, of Gayville, on the 7th day of September, 1877, at 7 o'clock, P. M., for the purpose of electing a recorder to fill the vacancy caused by the death of the late recorder, Thomas H. Carr, who was killed by the Indians, August 27th A. D. 1877. "J. B. CARR."
The meeting convened, and then adjourned to the office of the deputy recorder, on placer claim No. 4 of Deadwood Gulch above discovery.
On motion, J. B. Carr, was elected for the year ending March 6th 1879. Wm H. Brown was chairman, and J. B. Carr, secretary.
IDAHO COUNTY.—MEADOW CREEK MINING DISTRICT.
MINING LAWS OF MEADOW CREEK DISTRICT AS PASSED AT A MASS MEETING OF THE MINERS OCT. 11TH 1862.
This District shall be known as the Meadow Creek district and the limits of said district shall be as follows:
Commencing at the cannon on Meadow creek, and running up said creek to Warren's creek including all the tributaries of Meadow and Warren Creek to the line of Summit Flat District.
ART. 1. Each person mining in this District shall be entitled to four claims, a hill claim a creek claim a gulch claims and a quartz claims or a side claim a hill claim a gulch claim and a quartz claim.
ART. 2. The limits of each creek side and gulch claim shall be one hundred and fifty feet in length running up and down the creek flat or gulch and two hundred feet wide-Hill claims shall be two hundred feet in front and extend back to the center of the hill. ART. 3 No claim shall be considered a gulch claim that can be worked with sluices during the Summer months.
ART. 4. Claims shall be distinctly marked by notices at the end of the bounds thereof in the name of the claimant and no more ground shall be deemed claimed than is included in such notices.
ART. 5. Any person who shall by proof pull down remove or destroy any notice on any mining claim or the laws of this District shall be fined in any sum that the miners court of enquiry may direct.
ART. 6. The creek shall be entitled to all the water running in their natural channel from and after the first day of Aug. 1862. ART. 7.—Art. 7 refers to quartz claims and is therefore not embodied in the laws
ART. 8. Every person shall have the priveledge of digging a drain race through any claim
ART. 9 All claims shall be considered forfeited if not worked within fifteen days from the date of their location.
ART. 10. Any party or parties holding claims who may be incapable by accident or sickness from working the same all their rights shall be respected.
ART. 11. When a partner or partners may have to absent themselves from their claims or business the remaining partner or his or their agent shall be sufficient to to hold or represent his or their intrests until his or their return.
SEC. 12 All persons having difficulties shall settle them by arbitration at a miners meeting.
ART. 13. There shall be a recorder of this mining district chosen who shall be paid a fee of one dollar for recording each mining claims, the recorder shall have custody of the books and laws of this mining district and shall hold his office at the option of the miners. ART. 14. It shall be the duty of the recorder to convene a miner's meeting by notice at the call of all disputants and preside at the same, and for such services he shall be Paid the sum of six dollars, all all arbitrators and witnesses called to arbitrate or testify in a mining suit shall be allowed the sum of three dollars for such services said sum in connection with the recorders fee shall be paid by the parties litigant.
SEC. 15. Every person holding a mining claim shall have it recorded within fifteen days from the date of location.
ART. 16 No transfer or sale of claims shall be considered valid unless it appears on the record and the recorder shall receive one dollar for the transfer
ART. 17. When two or more claims join together and are worked by companies such companies can work any portion of such claims as they may deem expident and not forfeit the rest.
ART. 18. No claims shall be considered workable from the first of October to the 1st of June and one member of a company or their agent shall be deemed sufficient to represent the companies interest during that time.
ART. 19. Any person or persons locating water privileges for the purpose of conveying water from one point to another within the limits of this district shall declare their intention of doing so by a notice posted in a conspicious place and have the line of said ditch surveyed and recorded within two weeks from the location there of or it shall be considered forfeited if actual work is not commenced and prosecuted there on within four months from date of its location.
ART. 20. These laws are to take effect and be in full force from and after their adoption.
ART. 21. Any person who turns the water from its natural channel shall confine the same in a ditch dug sufficiently large for that purpose and those who have already turned the water without digging a ditch as mentioned will be required to do so within five days after the passage of this article or if they fail to do so they will be required to turn the water back into the natural channel of Meadow and Warren's Creeks.
ART. 22. Each and every claim holder will be required to confine his tailings upon his own ground and not encumber the ground of another person with such tailings provided that this article shall not be construed to prevent persons from dumping his tailings upon vacant ground or claims located subsequently to his using the same.
ART. 23. The said claims shall be entitled to all the surplus water running in Meadow and Warrens Creeks at all seasons of the year. ART. 24. Creek, side, hill or gulch claims shall be considered forfeited unless faithfully worked at least one full day in each fifteen from 1st of June to Oct. 1st.
ART. 25. Hill and gulch claims shall not be considered forfeited if after due diligence on the part of the claimant sufficient water cannot be obtained to work such claims to advantage, twelve inches shall entitle the claimant to the benefit of this article
ART. 26. All mining claims on the Meadows from Strattons Creek down to the termination of this district shall be entitled to the full width of said Meadows from rim rock to rim rock.
At a regular meeting held Oct. 1st it was passed that the recorder be elected by ballot.
At a miners' meeting convened at Manuel's saloon on Friday 21st Aug. 1868 the following article having been read and voted on was added by a majority vote to the existing laws.
ART. 27. No person or persons shall be allowed to use water of Warren's or Meadow Creeks for purpose of ground sluicing either upon hill, gulch, side or creek Claims after the first day of August of each year, and any person or persons who shall use the water of said creeks for said ground sluicing purposes after said date and at any time of the year except during the months of April, May, June and July shall be deemed guilty of committing a nuisance which the miners may lawfully abate.
Dated Oct. 11th 1862 and Aug. 21 1868.
OWYHEE COUNTY.-CARSON MINING DISTRICT.
LAWS AND RESOLUTIONS.
At a called meeting of the miners of Jordan Creek, Idaho Territory May 28th 1863 the following Preamble, Laws and Resolutions were adopted to govern hereafter this mining district.
Whereas :-We the undersigned a Prospecting Party of twenty-nine men in the Mountains of Snake River and Humboldt River on the Head waters of the Owyhee and Middle or Bannock Rivers having discovered gold in paying quantities, do hereby, inact and adopt for our own protection, and those who may follow us, the following Mining Laws and Resolutions.
ARTICLE 1. This creek shall hereafter be known and called "Jordan Creek".
2. This District shall be called "Carson District" bounded as follows, to wit:-Beginning at Discovery Camp" and running up the Creek to its head including all its tributaries and the ground drained thereby.
3. All White persons are entitled to hold by location, One Creek, One gulch, One hill, One placer or surface, One gold bearing quartz and One Silver claim of the following dimensions
4. Creek claims shall be three hundred feet in length, running with the general course of the creek, extending from bluff to bluff ou the base of the hill.
Gulch claims shall be three hundred feet in length, running with the gulch and two hundred feet wide.
Hill claims shall be two hundred feet front extending back three hundred feet. Quartz and silver shall be three hundred feet each running with the ledge including all its dips spurs and angles and the waters flowing from the same. Placer or surface claims shall be three hundred feet long and two hundred feet wide.
5. Any person or persons discovering new diggings of either gold or silver, shall each be intitled to one extra claim by right of discovery
6. All streams having fifty inches of water during the month of September shall be considered as Creeks. There shall be left in Jordan Creek at all times two hundred inches of water for mining purposes.
7. All water rights shall be subject to the same rules and restrictions as mining claims-any person or persons taking up a water right shall within the time hereinafter specified relating to mining claims, dig four (4) rods of the intended size of the ditch, race or channel at the head or place of begining and turn the water through the same.
8. All claims shall be recorded within seven (7) days after location for which purpose there shall be a Recorder elected, whose duty shall be to enter upon a book kept for that purpose a record of all claims located and transfered describing minutely the boundaries of the same, giving to each claim holder a copy of the record counter signed by the recorder to be posted in a sightly place on the N. E. corner of the claim described there in. It shall be the further duty of the Recorder to survey and furnish a Plat of all town sites within this District receiving two dollars and fifty cents for each record and transfer, whether for lots or claims
9. Any person or persons maliciously defacing or removing any legal notice or removing any legal notice from any claim or lot shall upon conviction be expelled from this District forthwith.
10. All workable claims shall be represented by one day's actual labor in every six, except claims of like character lying adjacent to each other in such cases one day's labor on either shall represent the whole.