after the passage of this bill, adopt, use, and put in force the following system or code of mine bell signals, as follows:

4 bells, start pump if not running, or stop pump if running. 1-3 bells, start or stop air compressor.

5 bells, send down tools. (See Rule 4.)

6 bells, send down timbers. (See Rule 4.)

7 bells, accident; move bucket or cage by verbal orders only. 1-4 bells, foreman wanted.

2-1-1 bells, done hoisting until called.

2-1-2 bells, done hoisting for the day.

2-2-2 bells, change buckets from ore to water, or vice versa.

3-2-1 bells, ready to shoot in the shaft. (See Rule 3.)

Engineer's signal, that he is ready to hoist, is to raise the bucket or cage two feet and lower it again. (See Rule 3.)

Levels shall be designated and inserted in notice hereinafter mentioned. (See Rule 5.)

SEC. 2. For the purpose of enforcing and properly understanding the above code of signals, the following rules are hereby established:

Rule 1-In giving signals make strokes on bell at regular intervals. The bar (-) must take the same time as for one stroke of the bell, and no more. If timber, tools, the foreman, bucket or cage are wanted to stop at any level in the mine, signal by number of strokes on the bell, number of the level first before giving the signal for timber, tools, etc. Time between signals to be double bars (--). Example: 6- -5 would mean stop at sixth level with tools.

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−1—1—1——1, would mean to stop at fourth level, man on, hoist. 2--1-4 would mean stop at second level with foreman.

Rule 2-No person must get off or on the bucket or cage, while the same is in motion. When men are to be hoisted give the signal for men. Men must then get on bucket or cage, then give the signal to hoist. Bell cord must be in reach of man on the bucket or cage at stations.

Rule 3-After signal "Ready to shoot in shaft," engineer must give his signal when he is ready to hoist. Miners must then give the signal of "Men to be hoisted," then "spit fuse," get into the bucket, and give the signal to hoist.

Rule 4-All timbers, tools, etc., "longer than the depth of the bucket," to be hoisted or lowered, must be securely lashed at the upper end to the cable. Miners must know they will ride up or down the shaft without catching on rocks or timbers and be thrown out.

Rule 5-The foreman will see that one printed sheet of these signals and rules for each level and one for the engine-room are attached to a board not less than twelve inches wide by thirty-six inches long, and securely fasten the board up where signals can be easily read at the places above stated.

Rule 6-The above signals and rules must be obeyed. Any violation will be sufficient grounds for discharging the party or parties so doing. No person, company, corporation, or individual operating any mine within the State of California, shall be responsible for accidents that may happen to men disobeying the above rules and signals. Said notice and rules shall be signed by the person or superintendent having charge of the mine, who shall designate the name of the corporation or the owner of the mine.

SEC. 3. Any person or company failing to carry out any of the provisions of this act shall be responsible for all damages arising to or incurred by any person working in said mine during the time of such failure.

SEC. 4. This act shall take effect immediately.

FEDERAL STATUTES.

Title XXXII, Chapter 6, Revised Statutes.

SEC. 2319. All valuable mineral 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 occupation and purchase, by citizens of the United States and those who have declared their intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States.

SEC. 2320. Mining claims upon veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, heretofore located, shall be governed as to length along the vein or lode by the customs, regulations, and laws in force at the date of their location. A mining claim located after the tenth day of May, eighteen hundred and seventy-two, whether located by one or more persons, may equal, but shall not exceed, one thousand five hundred feet in length along the vein or lode; 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 regulation to less than twenty-five feet on each side of the middle of the vein at the surface, except where adverse rights existing on the tenth day of May, eighteen hundred and seventy-two, render such limitation necessary. The end lines of each claim shall be parallel to

each other.

SEC. 2321. Proof of citizenship, under this chapter, may consist in the case of an individual, of his own affidavit thereof; in the case of an association of persons unincorporated, of the affidavit of their authorized agent, made on his own knowledge, or upon information and belief; and in the case of a corporation organized under the laws of the United States, or of any state or territory thereof, by the filing of a certified copy of their charter or certificate of incorporation.

This is supplemented by an act of April 26, 1882, which provides:

"That applicants for mineral patents, if residing beyond the limits of the district wherein the claim is situated, may make any oath or affidavit required for proof of citizenship before the clerk of any court of record, or before any notary public of any state or territory." (22 Stats. at Large, p. 49, chap. 106.)

SEC. 2322. 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 claims exist on the tenth day of May, eighteen hundred and seventy-two, so long as they comply with the laws of the United States, and with state, territorial and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations. But their right of possession to such outside parts of such veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as above described through the end lines of their locations, so continued in their own direction that such planes will intersect such exterior parts of such veins or ledges. And 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.

SEC. 2323. Where a tunnel is run for the development of a vein or lode, or for the discovery of mines, the owners of such tunnel shall have the right of possession of all veins or lodes within three thousand feet from the face 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 such tunnel of veins or lodes not appearing on the surface, made by other parties after the commencement of the tunnel, and while the same is being prosecuted with reasonable diligence, shall be invalid, but failure to prosecute the work on the tunnel for six months shall be considered as an abandonment of the right to all undiscovered veins on the line of such tunnel.

SEC. 2324. The miners of each mining district may make regulations not in conflict with the laws of the United States, or with the laws of the state or territory in which the district is situated, governing the location, manner of recording, amount of work necessary to hold possession of a mining claim, subject to the following requirements: The location must be distinctly marked on the ground so that its boundaries can be readily 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 by reference to some natural object or permanent monument as will identify the claim. On each claim located after the tenth day of May, eighteen hundred and seventy-two, 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.

Be it enacted by the senate and house of representatives of the United States of America in congress assembled, that section two thousand, three hundred and twentyfour of the Revised Statutes be, and the same is hereby, amended so that where a person or company has or may run a tunnel for the purpose of developing a lode or lodes, owned by said person or company, the money so expended in said tunnel shall be taken and considered as expended on said lode or lodes, whether located prior to or since the passage of said act; and such person or company shall not be required to perform work on the surface of said lode or lodes in order to hold the same as required by said act. (18 Stats. at Large, page 315, chap. 41.)

Annual Assessments.

An amendment of January 22, 1880, reads:

"Provided, that the period within which the work required to be done annually on all unpatented mineral claims shall commence on the first day of January succeeding the date of location of such claim, and this section shall apply to all claims located since the tenth day of May, Anno Domini eighteen hundred and seventytwo." (21 Stats. at Large, page 61, chap. 9.)

The federal law fixes the minimum of labor requirements. State and local laws may require additional work as part of the act of location. This has been sustained by Supreme Court decisions.

Patents.

Section 2325 of the federal statutes provides that after $500 has been expended on a mining claim in work or improvements, a patent may be applied for, upon the claim being surveyed by a United States mineral surveyor, and by the payment of $5 per acre for the land to the United States government.

PLACERS.

SEC. 2329. Claims usually called "placers" including all forms of deposit, excepting veins of quartz, or other rock in place, shall be subject to entry and patent, under like circumstances and conditions, and upon similar proceedings, as are provided for vein or lode claims; but where the lands have been previously surveyed by the United States, the entry in its exterior limits shall conform to the legal subdivisions of public lands.

Lindley on Mines, 3d ed., 1914, Sec. 420, pp. 987 et seq. says: "Among the substances, other than those of a metallic character, which have been classified as mineral, and when occurring in the form of deposits not in place, lands containing which have been held to be subject to appropriation under the placer laws, we note the following: Alum; asphaltum; borax; diamonds; guano; gypsum; kaolin or china clay; marble; mica; onyx; soda, carbonate or nitrate; slate for roofing pur

poses; umber; building stone.

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Other substances require specific mention." Under these "other substances," are detailed: Petroleum; natural gas; brick and other classes of clay; phosphates; potash. In addition to the above named the following have also "been held to be mineral by the United States Land Department and the American courts: Amber; stone of special commercial value; cement (see gypsum); coal; gravel; limestone; salt; sand; sandstone (see building stone); sulphur." (id. Sec. 97, pp. 170 et seq.)

[Act of August 4, 1892, ch. 375, 27 Stat. L. 348.]

Entry of building stone lands under placer laws.

SECTION 1. Any person authorized to enter lands under the mining laws of the United States may enter lands that are chiefly valuable for building stone under the provisions of the law in relation to placer mineral claims; provided, that lands reserved for the benefit of the public schools or donated to any state shall not be subJect to entry under this act. (27 Stat. L. 348.)

[Act of January 31, 1901, ch. 186, 31 Stat. L. 745.]

Entry of saline lands under placer laws.

All unoccupied public lands of the United States containing salt springs, or deposits of salt in any form, and chiefly valuable therefor, are hereby declared to be subject to location and purchase under the provisions of the law relating to placer mining claims; provided, that the same person shall not locate or enter more than one claim hereunder. (31 Stat. L. 745.)

SEC. 2330. Legal subdivisions of forty acres may be subdivided into ten-acre tracts, and two or more persons or associations of persons, having contiguous claims of any size, although such claims may be less than ten acres each, may make joint entry thereof; but no location of a placer claim, made after the ninth day of July, eighteen hundred and seventy, shall exceed one hundred and sixty acres for any one person or association of persons, which location shall conform to the United States surveys; and nothing in this section contained shall defeat or impair any bona fide preemption or homestead claim upon agricultural lands, or authorize the sale of the improvements of any bona fide settler to any purchaser.

SEC. 2331. Where placer claims are upon surveyed lands, and conform to legal subdivisions, no further survey or plat shall be required, and all placer mining claims located after the tenth day of May, eighteen hundred and seventy-two, shall conform as near as practicable with the United States system of public lands surveys, and the rectangular subdivisions of such surveys, and no such location shall include more than twenty acres for each individual claimant; but where placer claims can not be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands; and where by the segregation of mineral land in any legal subdivision a quantity of agricultural land less than forty acres remains, such fractional portion of agricultural land may be entered by any party qualified by law, for homestead or preemption purposes.

Placer boundaries.

SEC. 2333. Where the same person, association, 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 a patent shall issue for the placer claim, subject to the provisions of this chapter, 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, or any 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 as is described in section twenty-three hundred and twenty, is known to exist within the boundaries of a placer claim, an application for a patent for such placer claim which does not include an application for the vein or lode claim shall be

construed as a conclusive declaration that the claimant of the placer claim has no right of possession of the vein or lode claim; but where the existence of a vein or lode in a placer claim is not known, a patent for the placer claim shall convey all valuable mineral and other deposits within the boundaries thereof.

OIL AND GAS CLAIMS.

These are located as placer claims. See sections 2329 to 2333, U. S. statutes.

An act authorizing entry of petroleum or other mineral oil lands under placer claim laws.

Any person authorized to enter lands under the mining laws of the United States may enter and obtain patents to lands containing petroleum or other mineral oils, and chiefly valuable therefor, under the provisions of the laws relating to placer mineral claims; provided, that lands containing such petroleum or other mineral oils which have heretofore been filed upon, claimed, or improved as mineral, but not yet patented, may be held and patented under the provisions of this act the same as if such filing, claim or improvement were subsequent to the date of the passage hereof. (29 Stat. L. 526.) Approved Feb. 11, 1897.

An act defining what shall constitute assessments on oil mining claims.

[Act of February 12, 1903, ch. 548, 32 Stat. L. 825.]

Where oil lands are located under the provisions of title thirty-two, chapter six, Revised Statutes of the United States, as placer mining claims, the annual assessment labor upon such claims may be done upon any one of a group of claims lying contiguous and owned by the same person or corporation, not exceeding five claims in all; provided, that said labor will tend to the development or to determine the oilbearing character of such contiguous claims.

THE "PICKET BILL."

An act to authorize the President of the United States to make withdrawals of public lands in certain cases.

This provides also:

SEC. 2. All lands withdrawn under the provisions of this act shall at all times be open to exploration, discovery, occupation, and purchase, under the mining laws of the United States, so far as the same apply to minerals other than coal, oil, gas, and phosphates.

By the amendment of August 24, 1912, Congress limited the right of exploration, etc., within the withdrawn areas, to those lands which may be found to contain metalliferous mineral. The scope of withdrawal was thus broadened, with the specific intention of conserving potash in addition to those minerals already mentioned. (37 Stats. at Large.)

However, any of these minerals may be filed upon if found in areas of the public domain not yet withdrawn.

MINING CLAIMS IN FOREST RESERVES.

The congressional act of June 4, 1897, provides:

"It is not the purpose or intent of these provisions, or of the act providing for such reservations, to authorize the inclusion therein of lands more valuable for the mineral therein, or for agricultural purposes, than for forest purposes."

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"Nor shall anything herein prohibit any person from entering upon such forest reservations for all proper and lawful purposes, including that of prospecting, locating and developing the mineral resources thereof; provided, that such persons comply with the rules and regulations covering such forest reservations."

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