vits. Filing affida Contents. for the benefit or development of, in accordance with existing law, each mining claim in the district of Alaska heretofore or hereafter located. And the locator or owner of such claim or some other person having knowledge of the facts may also make and file with the said recorder of the district in which the claims shall be situate an affidavit showing the performance of labor or making of improvements to the amount of one hundred dollars as aforesaid and specifying the character and extent of such work. Such affidavit shall set forth the following: First, the name or number of the mining claims and where situated; second, the number of days' work done and the character and value of the improvements placed thereon; third, the date of the performance of such labor and of making improvements; fourth, at whose instance the work was done or the improvements made; fifth, the actual amount paid for work and improvement, and by whom paid when the same was not done by the owner. Such affidavit shall be prima facie evidence of the per- Prima facie eviformance of such work or making of such improvements, ance of work, etc. but if such affidavits be not filed within the time fixed by this Act the burden of proof shall be upon the claimant to establish the performance of such annual work and improvements. And upon failure of the locator or owner of any such claim to comply with the provisions of this Act, as to performance of work and improvements, such claim shall become forfeited and open to location by others as if no location of the same had ever been made. The affidavits required hereby may be made before any whom affidavits officer authorized to administer oaths, and the provisions may be made. of sections fifty-three hundred and ninety-two and fiftythree hundred and ninety-three of the Revised Statutes are hereby extended to such affidavits. Said affidavits shall be filed not later than ninety days after the close of the year in which such work is performed. SEC. 2. That the recorders for the several divisions or districts of Alaska shall collect the sum of one dollar and fifty cents as a fee for the filing, recording, and indexing said annual proofs of work and improvements for each claim so recorded. Approved, March 2, 1907 (34 Stat. 1243). An Act Extending the time in which to file adverse claims and institute adverse suits against mineral entries in the district of Alaska. dence of perform Forfeiture Officer before Time of filing. Fee. for filing adverse Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the district of Alaska adverse claims author- Time extended ized and provided for in sections twenty-three hundred mineral claims in and twenty-five and twenty-three hundred and twenty- Alaska. six, United States Revised Statutes, may be filed at any time during the sixty days period of publication or within eight months thereafter, and the adverse suits authorized and provided for in section twenty-three hundred and twenty-six, United States Revised Statutes, may be insti claims prohibited. tuted at any time within sixty days after the filing of said claims in the local land office. Approved, June 7, 1910 (36 Stat. 459). An Act To modify and amend the mining laws in their application to the Territory of Alaska, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemAssociatior bled, That no association placer-mining claim shall hereplacer-mining after be located in Alaska in excess of forty acres, and on Assessment every placer-mining claim hereafter located in Alaska, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year, including the year of location, for each and every twenty acres or excess fraction thereof. required. torneys. Restriction. Location by at- SEC. 2. That no person shall hereafter locate any placer-mining claim in Alaska as attorney for another unless he is duly authorized thereto by a power of attorney in writing, duly acknowledged and recorded in any recorder's office in the judicial division where the location is made. Any person so authorized may locate placermining claims for not more than two individuals or one association under such power of attorney, but no such agent or attorney shall be authorized or permitted to locate more than two placer-mining claims for any one principal or association during any calendar month, and no placer-mining claim shall hereafter be located in Alaska except under the limitations of this Act. Number of loca tions limited. Ownership. Area of claims. Effect of violations. Alaska. SEC. 3. That no person shall hereafter locate, causeor procure to be located, for himself more than two placer-mining claims in any calendar month: Provided, That one or both of such locations may be included in an association claim. SEC. 4. That no placer-mining claim hereafter located in Alaska shall be patented which shall contain a greater area than is fixed by law, nor which is longer than threetimes its greatest width. SEC. 5. That any placer-mining claim attempted to belocated in violation of this Act shall be null and void, and the whole area thereof may be located by any qualified locator as if no such prior attempt had been made. Approved, August 1, 1912 (37 Stat. 242). Joint Resolution To amend Senate Joint Resolution numbered seventyeight, approved October fifth, nineteen hundred and seventeen, entitled "Joint Resolution to suspend requirements of the annual assessment work on mining claims during the year nineteen hundred and seventeen and nineteen hundred and eighteen." Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of Senate joint resolution, approved NOTE. The Act of June 25, 1910 (36 Stat: 848), provides for a miner's labor lien in the Territory of Alaska. ment claims in, October fifth, nineteen hundred and seventeen, be amended so as to provide that the time for filing notices Mining assessto hold said mining claims in the Territory of Alaska, extended to Apt. under the said resolution, be, and the same is hereby, ex- 1, 1919. tended to the first day of April, nineteen hundred and nineteen.17 Approved, January 25, 1919 (40 Stat. 1055). Joint Resolution To suspend the legal requirements of assessment work on mining claims in Alaska for the years nineteen hundred and seventeen, nineteen hundred and eighteen, and nineteen hundred and nineteen, and extending to that Territory the provisions of public resolution numbered ten, Sixty-fifth Congress, approved July seventeenth, nineteen hundred and seventeen, and public resolution numbered twelve, Sixty-fifth Congress, approved October fifth, nineteen hundred and seventeen, as amended, and for other purposes. assessments : in, 1917, 1918, and Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of public resolution numbered ten, Alaska. Sixty-fifth Congress, approved July seventeenth, nine- Mining claims teen hundred and seventeen, and the provisions of public suspended for resolution numbered twelve, Sixty-fifth Congress, ap-1919. proved October fifth, nineteen hundred and seventeen, and amendments thereto, be, and they are hereby, extended the the Territory of Alaska. The laws requiring assessment work to be made upon mining claims in the Territory of Alaska for the years nineteen hundred and seventeen, nineteen hundred and eighteen, and nineteen hundred and nineteen, are hereby suspended for such period; and no forfeiture or relocation of any mining etc., if conditions claim or mining location in said Territory shall be per- complied with. mitted or adjudged for failure to do or have done the annual assessment work thereon for either of said years; and no mining claim or location therein shall be held to be forfeited or subject to relocation for any failure to have done the annual assessment work thereon where the owner or anyone for him complied with the provisions of public resolutions numbered ten, Sixty-fifth Congress, approved July seventeenth, nineteen hundred and seventeen, or public resolution numbered twelve, Sixty-fifth Congress, approved October fifth, nineteen hundred and seventeen, and amendments thereto. Approved, February 28, 1919 (40 Stat. 1213). MISSION SITES. An Act Making further provision for a civil government for Alaska, and for other purposes. No forfeiture, Occupants of SEC. 27. The Indians or persons conducting schools or school or mission missions in the district shall not be disturbed in the pos- lands not to be disturbed. "For the act of Oct. 5, 1917, see "Mineral lands." Missionary sta tions. session of any lands now actually in their use or occupation, and the land, at any station not exceeding six hundred and forty acres, occupied as mission stations among the Indian tribes in the section, with the improvements thereon erected by or for such societies, shall be continued in the occupancy of the several religious societies to which the missionary stations respectively belong, and the Secretary of the Interior is hereby directed to have such lands surveyed in compact form as nearly as practicable and patents issued for the same to the several societies to which they belong; but nothing contained in laws not to apply. this Act shall be construed to put in force in the district the general land laws of the United States. General land Right of way to railroads. Width. construction. Stations. * Approved, June 6, 1900 (31 Stat. 321–330). RAILROADS AND RIGHTS OF WAY. An Act Extending the homestead laws and providing for right of way for railroads in the district of Alaska, and for other purposes. * SEC. 2. That the right of way through the lands of the United States in the district of Alaska is hereby granted to any railroad company, duly organized under the laws of any State or Territory or by the Congress of the United States, which may hereafter file for record with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of one hundred feet on each side of the center line of said road; also the right to take from the lands of the Materials for United States adjacent to the line of said road material, earth, stone, and timber necessary for the construction of said railroad; also the right to take for railroad uses, subject to the reservation of all minerals and coal therein, public lands adjacent to said right of way for station buildings, depots, machine shops, side tracks, turn-outs, water stations, and terminals, and other legitimate railroad purposes, not to exceed in amount twenty acres for each station, to the extent of one station for each ten miles of its road, excepting at terminals and junction points, which may include additional forty acres, to be limited on navigable waters to eighty rods on the shore line, and with the right to use such additional ground as may in the opinion of the Secretary of the Interior be necessary where there are heavy cuts or fills: Provided, Minerals ex- That nothing herein contained shall be so construed as to give to such railroad company, its lessees, grantees, or tions not to inter- assigns the ownership or use of minerals, including coal, within the limits of its right of way, or of the lands hereby granted: Provided further, That all mining operations prosecuted or undertaken within the limits of such right of way or of the lands hereby granted shall, under rules and regulations to be prescribed by the Secretary of the Limit. cepted. Mining opera fere with road. Rights of future Interior, be so conducted as not to injure or interfere with the property or operations of the road over its said lands or right of way. And when such railway shall connect with any navigable stream or tidewater such company shall have power to construct and maintain necessary piers and wharves for connection with water transporta- Wharves. tion, subject to the supervision of the Secretary of the Treasury: Provided, That nothing in this Act contained shall be construed as impairing in any degree the title of States. any State that may hereafter be erected out of said district, or any part thereof, to tide lands and beds of any of its navigable waters, or the right of such State to regulate the use thereof, nor the right of the United States to resume possession of such lands, it being declared that all such rights shall continue to be held by the United States in trust for the people of any State or States which may hereafter be erected out of said district. The term gable waters," as herein used, shall be held to include all tidal waters up to the line of ordinary high tide and all nontidal waters navigable in fact up to the line of ordinary high-water mark. That all charges for the transportation of freight and passengers on railroads in the district of Alaska shall be printed and posted as required by section six of an Act to regulate commerce as amended printed and on March second, eighteen hundred and eighty-nine, and such rates shall be subject to revision and modification by the Secretary of the Interior. 66 navi ters "Navigable wa"defined. Railroad charges to be posted. roads through etc. etc. SEC. 3. That any railroad company whose right of Passage of railway, or whose track or roadbed upon such right of way, canyons, pass, passes through any canyon, pass, or defile shall not pre-interference vent any other railroad company from the use and occu- with wagon roads, pancy of said canyon, pass, or defile for the purposes of Relocation of. its roads, in common with the road first located, or the crossing of other railroads at grade; and the location of such right of way through any canyon, pass, or defile shall not cause the disuse of any tramway, wagon road, or other public highway now located therein, nor prevent the location through the same of any such tramway, wagon road, or highway where such tramway, wagon road, or highway may be necessary for the public accommodation; and where any change in the location of such tramway, wagon road, or highway is necessary to permit the passage of such railroad through any canyon, pass, or defile, said railroad company shall, before entering upon the ground occupied by such tramway, wagon road, or highway cause the same to be reconstructed at its own. expense in the most favorable location, and in as perfect a manner as the original road or tramway: Provided, That such expenses shall be equitably divided between Expenses. any number of railroad companies occupying and using the same canyon, pass, or defile, and that where the space is limited the United States district court shall require the road first constructed to allow any other railroad or 36039-23-4 |