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HELENA WEEKLY HEBALD. T HE WEEK LY HERALD. 1.1. risk, .... Editor. THIU8DAI, HIAY 10, 1878. HBXTIilG OF THE REPUBLICAN TERRITORIAL CENTRAL CONE SUTTEE OF MONTANA. Tbs members of the RepnbUcan Terri torts) Central Committee of Montana Territory are requested to meet In Helena on Saturday, Mar 2S, at two o'clock p. nt, for the purpose of apportioning delegates to the Territorial Republican Convention, to designate the time and place of the meeting of said Convention, and for transacting such other business as may come before them. By order of the Executive Committee. WM. F. WHEELER, Sac. pro tom. Hsi.zka, M. T., May IS, 1*7*. AUtflCCLTCBETNTHE SOUTH. A correspondent of the Washington Chron icle, writing from Tennessee, says that before the war there were a numlier of intelligent farmers in that region working their own lands, using improved agricultural machinery and employing an intelligent system of cul ture. Since the war, however, a large rent ing class lias come in who will merely skim the land, and who will not go to any expense to restore its exhausted fertility. The writer calls for either a class of tenant farmers pos sessed of small capitals, like the English farmers, or a division of the land into smaller holdings. The latter, we believe, is the true policy of the South. Break up those large feudal estates; give to the cultivator an inter est in the soil, and then be will apply to it that highest of fertilizers—brains. A depen dent class of cultivators, liable to be evicted at the will of the land-owner, can never con stitute a true yeomanry. Without a yeomanry no political society can have the elements of* stability or progress. The absorption of the yeomanry class of what was once "Mcrrie England," and the gradual centralization of landed property in that country, is scattering the British race like the fragments of a bomb shell over the whole earth. We do not need the scattering process in this country. Least of all does the South, with, its scanty popula tion and its hundreds of millions of acres of virgin soil, need to drive away population. She. must attract It in its better elements and classes. Let agricultural industry be varied, and let manufacturing industry be introduced upon a large scale, and more will be accom plished for the regeneration of the South in one year than in twenty years past. CONVENT INVESTIGATION. Recently a motion was allowed to be made or introduced in the English House of Com mons for the appointment of a commission to examine into the increase of monastic institu tions in Great Britain. The mover in the matter was a man named Newdegate, who stated that priests impoverished their parish ioners, and that women were immured against their will. The Catholic members who spoke on the subject opposed this motion, and, it is conceded, made a mistake in doing bo. What ever the motive for the appointment of such a commission, it should be supported most zealously by the very dass whom the Irish members stupidly essayed to represent in op posing it O'Connell would have welcomed a like movement on the part of the Tories with a torrent of abusive eloquence. The appoint ment of such a commission should be con ceded without debate. If there be a wrong in the convents, it should and would be found out; if none, so much to the credit of the convents. It is only evil deeds that shun the light. The convents and monasteries, if thèy be really what they claim to be, should wel come the proposed scrutiny as a new oppor tunity to prove their fidelity to the law of the State which guarantees personal liberty, and to demonstrate anew their claims to public favor. AN UNDEVELOPED BaOSSOIH. The Gazette has made what it deems a happy discovery. The editor of that accom modating political sheet this morning asserts that he and "the like of him" are "all Balti more boys." In other words the editor afore said confesses that he and his followers have surrendered their consciences and convictions to the Democratic managers who assemble at Baltimore next month, to say whether the Omette man and politicians of his stripe are the same old Democrats still, or are newly manufactured Republicans of the liberal school instead. The diiHculties attending our cotemporary in correctly determining what it U now, pending the convocation of the De mocracy in council, and its distressing efforts to guess what it will be after the Convention, attest that its situation is one of the most- try ing of which political history furnishes any account. The Gazette is more to be pitied than blamed. It means to be something, but just what that something is it cannot yet sat isfactorily make out. MINING HI EE. We publish to-day the act "to promote the development of the mining resources of the United States," which, having passed the two Houses of Congress, and been signed by the President, is now a law of the land. The substance of the bill, as set forth in Mr. Clagett's letter, was given to the public through the Herald several weeks since. The inter est is general among the quartz miners of the Territory to know precisely what the law contemplates, and we make good our promise to print it entire for the benefit of that large class of oar readers engaged in gold and silver lead operations. Let the bill be carefully read and preserved for reference by those concerned. to p. THE NEW MINEBAL LAW. Although we have printed the new "act to promote the development of the mining re sources of the United States" in full, we pre sent a synopsis of the main features of the act, which differ very materially from the statutes which it repeals and supplants. The first important change is in section 2d, which provides that mining claims located after the passage of this act, whether located by one or more person », may equal but not exceed 1500 feet in length along the vein or lode, and the width of the surface ground is fixed at 600 feet, although in some instances may be reduced to 50. This section increases the width of surface ground 500 feet. Section 5th is probably the most important section of the act, as it compels the perform ance of labor upon each claim recorded after its passage, of the value of tiilOO each year, and ten dollars worth of work is to be per formed every year upon each one hundred feet of vein located prior to its passage, and until a patent shall tic issued therefor ; and co-owners who fail to pay their share of ex pense forfeit their rights to those who have performed the labor required, after ninety days' personal notice or advertisement have expired. The proceedings to obtain patent are con siderably exemplified and plainly set forth in the 6th section, and differ somewhat from the instructions and rulings now in operation. For placer mining claimants the changes arc just and proper. Now they are required to take by legal sub-divisions ; but, in addition to this, section 10 provides that where said claims cannot be conformed to legal sub-divis ions, survey and plat shall be made as on un surveyed land ; and where there are no known lodes upon placer mining ground known at the time of patent, the patent conveys all val uable mineral or other deposits within its boundaries. * Section 12 makes provision for the regula tion of the fees of advertising, authorizes surveying by any United States deputy sur veyor, or any competent surveyor that may apply for appointment The above are briefly the maih points of the act, the remainder being the portions which refer to its administration in detail. From a cursory examination, we think ob jectionable in one or more particulars, as by section 2d the county can be captured. by en ergetic miners, who can patent 1,500 feet on each lead they own or discover, bnt on the whole it is better than the old law. There are many old inhabitants who have miles of leads recorded for them by prospectors and friends, many of which are, to be sure, val ueless, while others are, or may be, rich. Wherever we ride over the broad area of Montana, we see stakes on leads, and a coyote hole indicating the amount of labor performed. Holders sit still with their cer tificates of record and wait for some miner to open out their property, and then com mence suit to recover their possession. By this act the law says develop your lodes or yield them up to those who will. We aie emphatically a mining community. Mines have peopled our country, and are to-day our main support. In the future it is the gold, and silver, and copper, which is to be the supply of our strength, the basis of our pros perity. We only await the railroad to take our position in the foremost rank of metal producing countries, equal to the best, and it requires that we lay aside our idle ways and tom our energies and our capital to the open ing of the rich veins which are teaming with wealth, to repay the exertion. Capital is seeking Investment in mining property, which is changing in public estimation from a game of chance into a settled, permanent, reliable occupation, paying large returns on the amount invested, and this law will tend to aid its rapid development and give stability to its character. Tim late Vice-President of the so-called Southern Confederacy is not captivated by the Cincinnati movement. He keeps exhorting the Southern Democracy to "beware;" to "keep the flag;" to "never surrender;" to "never sell out;" to be "sentinels and watch men;" and not to "wait foe the wagon" of the passiveist; and to maintain "the ever living issues" of the constitution. He prefers fight ing till his ship strikes and sticks to a victory that has no meaning in It for him or his party but to help political uondestripts to high posi tion. The Richmond daily Enquirer "advertises, "Wanted—Twenty-five First-class Funerals," and says they "are afflicted with a lot of very old gentlemen, and some of very middle age. with very old ideas, who are in possession of unimproved real estate, whose fathers lived and died in happy dreams that their landed property was going to make them millionaires, and who now hold on like grim death, and will not sell." It is a noteworthy fact that during the last thirty years New York has never re-elected a . -----—— — uv.« iv ciwiui a j United States Senator with one solitary excep- 1 tion, William H. Seward i - ! ■ Death of thf. Largest Woman in the World. —On Monday evening Mrs. Amelia Brooks, aged 51 years, died at her residence in this city. Mrs. Brooks, whose frame was but little more than ordinaiy sized, had ac- cumulated flesh until she weighed between 900 and 1,000 pound*. Until very recently she had been employed os nurse in the family of a barber, on Olive street, but an irresistable tendency to plethora curtailed her sphere of usefulness, and she was accordingly retired by the barber, and another nurse of less pro- nounced individuality engaged in her place.— St, Louis Times, April 17<A. AM ACT To promote the developement of the mining resource« of the United States. Be it enacted bp the Senate and House of Re presentative» of the United States in Con gress assembled, That all valuable minerals deposits in lands belonging to the United States, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and purchase, and the lands in which they are found to oc cultation and purchase, by citizens of the United States and those who have declared their intention to become such, under regula tions prescribed by law, and according to the local customs or rules of miners, in the sev eral mining districts, so far as the same are applicable and not inconsistent with the laws of the Unheil States. Szc. 2. That mining-claims upon veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin cop per, or other valuable deposits heretofore lo cated shall be governed as to length along the vein or lode by the customs, regulations, and laws in force at the date of their loca tion. A mining-claim located after the pass age of this act, whether located ' by one or more persons, may equal, but shall not ex ceed one thousand five hundred feet in length along the vein or lo<fo ; but no location of a mining-claim shall be made until the discovery of the vein or lode within the limits of the claim located. No claim shall extend more than three hundred feet on each side of the middle of the vein at the surface, nor shall any claim be limited by any mining regula tion to less than twenty-five feet on each side of the middle of the vein at the surface, ex cept where adverse rights existimr at the passage of this act shall render such limita tion necessary. The end-lines of each claim shall be parallel to each other. 8ec. 3. That the locators of all mining locations heretofore made, or which shall hereafter be made, on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim exists at the passage of this act, so long as they comply with the laws of the United States, and with State, territorial, and local regulations not in conflict with said laws of the United States governing their possessory title, shall have the exclusive right of posses sion and enjoyment of all the surface in cluded within the lines of their locations, and of oil veins, lodes, and ledges throughout their entire depth, the ton or apex of which lies inside of such surface-lines extended downward vertically, although sucli veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side-lines of said surface locations : Provided, That their right of possession to such outside parts of said veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as aforesaid, through the end-lines of their locations, so continued in their own direction that such planes will in tersect such exterior parts of said veins or ledges : And provided further, That nothing in this section shall authorize the locator or possessor of a vein or lode which extends in its downward course beyond the vertical lines of his claim to enter upon the surface of a claim owned or possessed by another. Sue. 4. That where a tunnel is run for the development of a vein or lode, or for the dis covery of mines, the owners of such tunnel shall have the right of possession of all veins or lodes within throe thousand feet from the mouth of such tunnel on the line thereof, not previously known to exist, discovered in such tunnel, to the same extent as if discovered from the surface ; and locations on the line of sucli tunnel of veins or lodes not appear ing on the surface, made by other parties after the commencement of the tunnel, and while the same is being prosecuted with rea sonable diligence, shall be invalid ; but fail ure to prosecute the work on the tunnel for six months shall be considered as an aban donment of the right to all undiscovered veins on the line of said tunnel. Sko. 5. That the minera of each mining district may make rules and regulations not in conflict with the laws of the United States, or with the laws of thè State or Territory in which the district is situated, governing the location, manner of recording, amount of work necessary to bold possession of a min ing-claim, subject to the following require ments: The location must be distinctly marked on the ground so that its boundaries can be readily traced. AH records of min ing-claims hereafter mode shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identity the claim. On each claim located after the passage of this act, and un til a patent shall have been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year. On all claims located prior to the passage of this act, ten dollars' worth of labor shall be performed or im provements made for each one hundred feet in length along the vein until a patent shall have been issued therefor ; but where such claims are held in common such expenditure may be made upon any one claim ; and upon a failure to comply with these conditions, the claim or mine upon which such failure oc curred shall be open to relocation in the same manner as if nô location of the same had ever bee., made : Provided, That the origi nal locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after such failure and before such location. Upon the failure of any one of several co-owners to contribute his propor tion of the expenditures required by this act, the co-ownera who have performed the labor or made improvements may, at the expiration of the year, give such delinquent co-owner personal notice, or notice by publication in the newspaper published nearest the claim, for at least once a week for ninety days, and if at the expiration of uinety days after siîeh notice, such delinquent should tail or refuse to contribute his proportion to comply with this act, his interest in the claim shall become the property of his co-ownera who have made the required expenditure. Sec. 6. That a patent for any land claimed um. u. . uat u lur auy muu ciaimeu and located for valuable deposits may be ob- tainc<15n die following manner: Any per- son, association, or corporation authorized to lnA.itn a /il.tSnv A iL f A. 1. I .1* 1 —, ------, .. jorpo_______ _______ locate a claim under this act, having claimed and located a piece of land for such pur- poses, who has, or have, complied witli the terms of this act, may file in the proper land- offlee an application for patent, under oath, showing such compliance, together with a plat ana field-notes of the claim or claims in common, made by or under the direction of the United States surveyor general, showing accurately the boundaries of the claim or claims, which shall be distinctly marked by monuments on the ground, ana shall post a copy of such plat, together with a notice of such application for a patent, in a conspicu- ous place on the land embraced in such plat previous to the filing, of the application for a patent, and shall file an affidavit of at least two persons that such notice has been duly posted as aforesaid, and shall file a copy of said notice in such land-office, and shaU there- upon be entitled to a patent for said land, in the manner following : The register of the land-office, upon the filing of such applica- tion, plat, field-notes, notices, and affidavits, shall publish a notice that such application has been made, for the period of sixty days, In a newspaper to be by him designated as published nearest to said claim ; and he shall also post such notice in his office for the same period. The claimant at the time of tiling this application, or at any time thereafter, within the sixty days of publication, shall file with the register a certificate of the United States surveyor general that five hun dred dollars' worth of labor has been expend ed or improvements made upon the claim by himself or grantors : that the plat Is correct, with such further description by such refer ence to natural objects or permanent monu ments as shall identify the claim, and furnish an accurate description, to be incorporated in the patent At the expiration of the sixty days of publication the claimant shall file his affidavit, showing that the plat and notice have been posted hi a conspicuous place on the claim during said period of publication. If no adverse claim shall have beim filed with the register and the receiver of the proper land-office at the expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a patent, upon the payment to the proper officer of five dollars per acre, and that no adverse claim exists ; and thereafter no objection from third par ties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with this act. Sec. 7. That where an adverse'claim shall be filed during the period of publication, it shaU be upon oath of the person or persons making the same, and shall show the nature, boundaries, and extent of such adverse claim, and all proceedings, except the publication of notice and making and filing of the affidavit thereof, shall be stayed until the controversy shall have been sett feil or decided by a court of competent jurisdiction, or the adverse claim waived. It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the ques tion of the right of possession, and prosecute the same with reasonable diligence to final judgment ; and a failure so to do shall be a waiver of his adverse claim. After such judgment shall have been rendered, the party entitled to the possession of the claim, or any portion thereof, may, without further notice, tile a certified copy of the judgment-roll with the register of the land office, tomathef with the certificate of the surveyor general that the requisite amount of labor has been expended, or improvements made thereon, and the de scription required in other cases, and shall pay the receiver five dollars per acre for his claim, together with the proper fees, where upon the whole proceedings and the judg ment-roll shall be certified by the register to the Commissioner of the General Land Oflice, and a patent shall issue thereon for the claiiti. or such portion thereof as the applicant shall appear, from the decision of the court, to rightfully possess. If it shall appear from the decision of the court that several parties are entitled to separate and different portions of the claim, with the proper fees, and file the certificate and description by the surveyor general, whereupon the register shall certify the proceedings and judgment-roll to the Commissioner of the General Land Gffice, as in the proceeding case, and patents shall is sue to the several parties according to their respective rights. Proof of citizenship und er this act, or the acts of July twenty-sixth, eighteen hundred and sixty-six, and July ninth, eighteen hundred and seventy, in the case of an individual, may consist of his own affidavit thereof, and in case of an associa tion of persons unincorporated, of the affida vit of their authorized agent, made on his own knowledge or upon information and be lief, and in case of a corporation organized under the laws of the United States, by the filing of a certified copy of their charter or certificate of incorporation; and nothing herein contained shall be construed to pre vent the aliénation of the title conveyed by a patent for a mining claim to any person whatever. Sec. 8. That the description of vein or lode claims, upon surveyed lands, shall des ignate the location of the claim with reference to the lines of the public surveys, but need not conform therewith; but where a patent shall be issued as aforesaid for claims upon un surveyed lands, the surveyor general, in extending the surveys, shall adjust the same to the boundaries of such patent claim, ac cording to the plat or description thereof, but so as in no case to interfere with or change the location of any such patented claim. Sec. 9. That section one, two, three, four, and six of an act entitled "An act granting the right of way to ditch and canal owners over Ihe public lands, and for other purposes," approved July twenty-sixth, eighteen hundred and sixty-six, are hereby repealed, bnt such repeal shall not affect existing right. Appli cations for patents for mining-claims now pending may be prosecuted to a final decision in the General Land-Office ; but in such cases where adverse rights are not affected thereby, patents may issue in pursuance of the pro visions of this act; and all patents for mining claims heretofore issued under the act of Julv twenty-sixth, eighteen hundred and sixty-six, shall convey all the rights and privileges conferred by this act where no adverse rights exist at the lime of the passage of this act. Sec. 10. That the act entitled "An act to amend an act granting the right of way to ditch and canal owners over the public lands, and for other purposes," approved July ninth, eighteen hundred and seventy, shall be and remain in full force, except as to the proceed ings to obtain a patent, which shall be similar to the proceedings prescribed by sections six and seven of this act for obtaining patents to vein or lode claims; but where said placer claims shall be upon surveyed lands, and con form to legal subdivisions, no further survey or plat shall be required, and joint entries shall be allowed for contiguous claims, as provided in said act ; but where said claims cannot be conformed to legal subdivisions, survey and plat shall be made as on nnsur veyed lands : Provided , That proceedings now pending may lie prosecuted to their final de termination under existing laws ; but the pro visions of this act, when not in conttlict with existing laws, shall apply to such cases. Sec. 11. That where the same person, as sociation, or corporation is in possession of a placer-claim, and also a vein or lode included within the boundaries thereof, application shall be made for a patent for the placer claim, with the statement that it includes such vein or lode, and in such case (subject to the provisions of this act and the act en titled "An act to amend an act granting the right of way to ditch and canal owners over the public lands, and for other purposes," ap proved July ninth, eighteen hundred and seventy) a patent shall issue for the plucer claim, including such vein or lode, upon the payment of five dollars per acre for such vein or lode claim, and twenty-five feet of surface on each side thereof. The remainder of the placer-claim not embracing any vein or lode claim, shall be paid for at the rate of two dollars and fifty cents per acre, together with all costs of proceedings; and where a vein or lode, such ns is desended in the second sec tion of tliis act, is known to exist within the boundaries of a placer-claim, an application for a patent for such placer-claim which doe» not include an application for the vein or lode claim shall be construed as a conclusive dec laration that the claimant of the placer claim lias no right of possession of the vein or lode claim; but where the existence of a vein or lode in a plucer-claim is not known, a patent for the placer-claim shall convey all valuable mineral and other deposits within the boun daries thereof. Sec. 12. That the surveyor general of the United States may appoint in eacli land-dis trict containing mineral lands as many com petent purveyors as shall apply for appoint ment to survey mining- claims. The expen ses of the survey of vein or lode claims, and the survey ond subdivision of placer-claims into smaller quantities than one hundred and sixty acres, together with the cost of publica tion of notices, shall he paid by the appli cants, and they shall be at liberty to obtain the same at the most reasonable rates, and they shall also be at liberty to employ any United States deputy surveyor to make the survey. The Commissioner of the General Land-Office shall also have power to establish the maximum charges for surveys and publi cation of notices under this act; and, in case of excessive charges for publication, he may designate any newspaper published in a land district where mines are situated for the pub lication of mining-notices in such district, and fix the rates to be charged by such paper ; and, to the end that the Commissioner may be fully informed on the subject, each appli cant shall file with the register a sworn state ment of all charges and fees paid by said ap plicant for publication and surveys, together with all fees and money paid the register and the receiver of the land-office, which state ment shall be transmitted, with the other papers in the case, to the Commissioner of the General Land-Office. The fees of the regis ter and the receiver shall be five dollars each for filing anil acting «iron each application for patent or adverse claim filed, and they shall be allowed the amount fixed by law for reducing testimony to writing, when done in the land office, such fees and allowances fo be paid by the respective parties ; and no other fees shall be charged by them in such cases. Nothing in this act shall be construed to enlarge or effect the rights of either party, in regard to any property in controversy at the time of the passage of this act, or of the act entitled "An act granting the right of way to ditch and canal owners over the public lands, and for other purposes," approved July twenty-sixth, eighteen hundred and sixty-six nor shall this act effect any right acquired under said act; and nothing in this act shall be construed to repeal, impair, or in any way effect the provisions of the act entitled "An act granting to A. Sutro the right of way and other privileges to aid in the construction of a draining and exploring tunnel to the Com stock lode, in the State of Nevada," approved July twenty-fifth, eighteen hundred and sixty six. Sec. 13. That all affidavits required to be made under this act, or the act of which it is amedajory, may be verified before any officer authorized to administer oaths within the land-district where the claims maybe situated, and all testimony and proofs niny be taken before any such officer, and when duly certi fied by the officer taking the same, shall have the same force and effect as if taken before the register and the receiver of the land-office. In cases of contest as to the mineral or agri cultural character of land, the testimony und proofs may be taken as herein provided on personal notice of at least ten days to the op posing party; or if said party cannot be found, then by publication of at least once a week for thirty days in a newspaper, to be desig nated by the register of tjie land-office as pub lished nearest to the location of such land; and the register shall requie proof that such notice has been given. Sec. 14. That where two or more veins intersect or cross each other, priority of title shall govern, and such prior location shall be entitled to all ore or mineral contained within the space of intersection: Provided, however, That the subsequent location shall have the right of way through said space of intersec tion for the purposes of the convenient work ing of the mine : And provided also, That w here two or more veins unite, the oldest or prior location shall take the vein below the point of union, including all the space of in tersection. Seo. 15. That where non-mineral land not contiguous to the vein or lode isjused or occu pied by the proprietor of such vein or lode for mining or milling purposes, and such non adjacent surface ground may be embraced and included in an application fora patent for such vein or lode, and the same may be patented therewith, subject to the same pre liminary requirements as to survey and notice as are applicable under this act to veins or lodes: provided, That no location hereafter made of such non-adjacent land shall exceed five acres, and payment for the same must be made at the same rate as fixed by this act for the superficies of the lode. The owner of a quartz mill or reduction works, not owning a mine in connection therewith, may also re ceive a patent for his mill-site, as provided in this section. Sec. 16. That all acts and parts of acts inconsistent herewith are hereby repealed: provided, That nothing contained in this act shall be construed to impair, in any way, rights or interests in mining property ac- quired under existing laws. -—<^> -- — The Treasury Department has for some time been paying back to Judges of State courts the taxes levied upon their salaries by the Assessors of Internal Revenue, and which the Supreme Court has declared unconstitu- tional. The Chief Justice of Massachusetts recovered $1,300. Under a late decision of the Secretary of the Treasury the United States officers are coming in for a refund, and one of the first cases was preferred by David Davis, administrator of Abraham Lincoln. The amount, $3,600, was paid over to Robert Lincoln last week. Justice Swavne received $1 ,900. Tne other Judges of the Supreme Oourt have yet to file their claims. Andrew- Johnson and President Grant have both claims under the ruling of the Secretary of the Treasury.