(7) Marking of boundaries and defining the character of

4 Comp. Laws 1888, vol. ii., p. 139, ?? 2794, 2795. Adopted by Utah on its admission as a state.

5 Hill's Annot. Stats. (Wash.), ?? 2214, 2215, 2216.

12 Comp. Laws Dak. 1887, 2008. Adopted by South Dakota - Laws 1890,

ch. cv., 1.

13 Laws 1888, p. 85, 2 7.

14 Laws 1895, p. 53, 2 4.

15 Placers; Mills' Annot. Stats., 3136. Lodes: Id.,

3153.

16 Lodes: Rev. Stats., 3101, as amended-Laws 1895, p. 25, et seq.

17 Pol. Code 1895, 23611.

18 Laws 1889, p. 42, ? 2.

19 Rev. Pol. Code 1895, 21431.

20 Comp. Laws Dak. 1887, 2002. Adopted by South Dakota - Laws 1890,

ch. cv., 1.

21 Laws 1888, p. 88, ? 17.

(8) Fixing time within which location shall be completed after discovery.—

(9) Providing for the manner of relocating abandoned

2 Placers: Mills' Annot. Stats. 3136. Lodes: Id., 23155.

3 Lodes: Laws 1895, p. 26, et seq., 2? 2, 3, 4.

4 Pol. Code 1895, 3612.

Comp. Laws 1884, 1566.

Rev. Pol. Code 1895, 2 1428.

7 Comp. Laws Dak. 1887, ?? 1999, 2004. Adopted in South Dakota - Laws 1890, ch. ev.,

1.

Lodes: Laws 1890-91, p. 179, 1, 2. Placers: Laws 1888, pp. 89, 90, ? 22. Laws 1895, p. 55, 11.

10 Mills' Annot. Stats., 3162.

11 Laws 1895, p. 28, 27.

12 Pol. Code 1895, ? 3615.

13 Laws 1889, p. 42, 2 3.

Rev. Pol. Code, 1439.

15 Comp. Laws Dak. 1887, 2010. Adopted by South Dakota

ch. cv., 21.

16 Laws 1888, p. 89, 21.

Re-enacts the federal law. Laws 1895, p. 54, 2 8.

-

-Laws 1890,

18 Placers: Mills' Annot. Stats., 2 3137, declared in conflict with federal

law. Sweet v. Webber, 7 Colo. 443, 450.

19 Fixing value of day's labor at four dollars for eight hours. Comp. Laws 1884, 1568.

20 Same as the federal law. Rev. Pol. Code, ? 1438.

No state has a right to decrease the amount of labor which the congressional law requires to be done annually on a mining claim. The law clearly implies that the states and territories, or the district organizations, in the absence of state or territorial legislation, may increase the amount of such labor. The statutory declaration, as in New Mexico, that a day's work of eight hours is of the value of four dollars, and must be so computed in estimating the amount of annual labor performed on a mining claim, is of questionable propriety. Mr. Morrison is of the opinion that such provisions "amount to absolutely nothing."

(11) Authorizing the recording of affidavits of performance of annnal labor.

1 Same as the federal law. Comp. Laws Dak., 2009. Adopted by South Dakota Laws 1890, ch. cv., ? 1.

2 Provides for work to amount of fifty dollars per claim, to be performed within one year from date of location. Hill's Annot. Stats. (Ore.) 1892, §3830. 3 One hundred dollars each year; but year dates from date of location. Hill's Annot. Stats. (Wash.), ? 2213.

Placers: One hundred dollars per annum on claims consisting of one hundred and sixty acres; on claims of less than one hundred and sixty acres, sixty-two and a half cents per acre. Laws 1888, pp. 90, 91, 7 23. 5 Rev. Stats., 2324.

(13) Authorizing survey of claim to be made by deputy mineral surveyor, and when recorded to become a part of the location certificate and become prima facie evidence as to all facts therein contained.Montana.1

(14) Manner of locating tunnel claims and length allowed on discovered lodes.

(15) Requiring sinking of discovery shaft or its equivalent prior to completion of location.

Secretary Teller expressed a doubt whether a state legislature has the right to attach this condition to the appropriation of mineral land," although Commissioner Williamson held that such requirement is not in conflict with the congressional laws. The state courts have uniformly enforced this class of provisions; and there being no authoritative ruling denying the right to the state to so legislate, these conditions may be assumed to be valid.

1 Pol. Code 1895, 23616.

13

10 Comp. Laws Dak. 1887, ?? 2001, 2003. Adopted by South Dakota — Laws 1890, ch. cv., 2 1.

Laws 1888, p. 88, 22 17, 18; Laws 1890-91, p. 180.

12 Wight v. Tabor, 2 L. D. 738, 742; S. C. on review, Id. 743.

1 In re Alfred H. Hale, 7 Copp's L. O. 115.

While it is manifest that the states and territories may legislate within a reasonable limit upon the foregoing subjects, we do not intend that it should be inferred that all of the legislation herein before noted is absolutely in harmony with the letter and spirit of the national law. It is not our purpose at the present time to deal with individual state and territorial legislation analytically. When we deal with the requirements of a valid location, the conditions required to perfect and perpetuate it, we shall note, under each appropriate head, the nature and force of such legislation. We are now presenting generally the subjects upon which, to some extent, states and territories are permitted to legislate.

2 251. Subjects upon which states have enacted laws the validity of which is open to question. It is extremely difficult to draw the line between what is proper supplemental state legislation and what is not. But there are some subjects upon which there has been state and territorial legislation, which legislation is either clearly obnoxious to the federal law or open to criticism as being ineffectual, by reason of its being a mere reiteration of the provisions of the Revised Statutes. We note the following instances which illustrate this:

(1) Laws giving a locator the right to all lodes which have their top or apex within the location, and defining the extralateral right.—

(2) Rights of parties in cases of lodes crossing or uniting.—

Colorado.5

1 Rev. Pol. Code 1895, 2 1434.

'Comp. Laws Dak. 1887, 2005. Adopted by South Dakota-Laws 1890, ch. cv., 1.

Hill's Annot. Stats. (Wash.), ? 2212.

Laws 1888, p. 89, ? 20.

5 Mills' Annot. Stats., 3142.