HOW TO STAKE CLAIMS I
A BRIEF SKETCH OF THE ALASKA j
MINING LAW—For Your Information
—
QUALIFICATIONS OF LOCATOR:
Any citizen of the United States, or a person j
who has declared his intention to become such
may make a valid location of unappropriated
mineral lands in Alaska. A woman, a minor,
and a corporation under certain circumstances), |
if ctizens, may make valid mineral locations. A t
citizen of Canada has no greater rights in Alas
ka, to locate mining claims, than any other alien.
PREREQUISITE VALID MINING LOCATION:
Discovery of valuable placer minerals or
discovery of valuable mineral bearing rock in
place must precede a valid placer or lode loca
tion and without a discovery, no valid location
oan be made. The inception of your title dates
from discovery, not from the date you place
your stakes.
A placer discovery may be described as a
discovery of placer mineral sufficient to induce
a reasonably prudent person in expending fur- '
ther labor or money in its development and ex
ploration.
A lode discovery’ must be a discovery of
mineral bearing rock in place' as distinguished
from mineralized float or slide.
MARKING BOUNDARIES (Placer Claims)
A post not less than three feet high and 4
inches in diameter should be placed at each cor
ner and angle of the location. These posts should
be numbered consecutively from the Number
one post (initial post) and on each post should
be marked the name of the claim, name or nam
es of locators and date of location. A location
notice should be written on or attached to the
initial post showing (a) date of discovery (b)
date of location (c) name of claim (d) name or
names of locators (e) number of feet in length
amd width claimed (f) and a description of the
claim with reference to some natural monument
or object sufficient to identify it. Where timber
is not available for posts the corners and angles 1
should be marked by piles of stone with the
satme markings.
Boundary lines between posts should be i
clearly marked on the surface of the ground so
that they may be easily traced. Boundary lines
between posts are presumed to be straight lin
es even though the surface markings between
posts may vary sorrvwhat from a straight line
which is always the shortest distance between
two posts.
MARKING BOUNDARIES (Lode Claims)
The initial post with location notice thereon
must be placed at or near the place of discov
ery. End staxes should be placed in the middle ■
of the vein and at the four corners of the claim.
Your three end stakes should ba in line, end lines
should be parallel to each other, and should be,
as nearly as possible at right angles to the
course of the vein. You are allowed to locate
1500 feet along the course of the vein and 300 !
feet on each side of the center line thereof.
Boundaries should be clearly marked as in plac
er locations.
RECORDING
All placer and lode claims should be record
ed in the office of the recorder of the mining
diistrict wherein such locations are made with
in 90 days after the date of location.
SIZE OF PLACER LOCATIONS
Single placer claims shall not exceed 20
art-res and shall not exceed 1320 feet in length
(1320 x 660).
(Length not material when locating a frac
tion between two senior locations).
Association Placer Claims shall in no case
exceed 160 acres and shall not exceed 2640 feet
in length (Maximum Association would be 2640
x 2640).
CLAIMS ALLOWED EACH MONTH (Placer)
You may locate for yourself, or have locat- 1
ed for you by attorney, each month not to ex
ceed two twenty-acre claims in any one mining
district which may be two single locations, two
twenty-acre units in different associations, or
one single claim and one unit in an association.
LOCATION BY POWER OF ATTORNEY
Powers of Attorney must be in writing, wit
nessed by two witnesses, acknowledged before
an officer authorized to take acknowledgments
and recorded in the mining district, where it is
to be used, prior to making any location there
under. Powers of Attorney become void two
years after their date of execution and no valid
location may be made under such power of at
torney, thereafter. A power of attorney cannot
be used twice in an association or more than
twice in any one month. There appears to be
no limit to the number of powers of attorney
you may record, but sixteen is the maximum
number you can use in any one month; that is,
you may v/ith sixteen powers of attorney stake
two eight-claim associations of 160 acres each.
You may also stake the same acreage with eight
powers of attorney, using each power of attorney
a second time in the second location.
Since the maximum length of an association
placer mining claim cannot exceed 2640 feet,
the following conclusions may be of interest:
Under the present law, many combinations
may be worked out. The one used should be the
one which is likely to cover the pay streak with
out too much waste acreage.
Single claims are generally 1320 feet long
by 660 feet wide. They can be staked end to end
or side by side.
Two-claim Associations can be 2640 feet long
by 660 feet wide or 1320 feet square.
Three-claim Association can be 2640 feet
long by 990 wide.
Four-claim Associations can be 2640 feet
long by 1320 f^et wide.
As an illustration: A person with two pow
ers of attorney may stake two association claims
end to end each 2640 feet long and two single
claims end to end each 1120 feet long and the
combined length of the four locations would be
1V4 miles 660 feet wide. No matter how many
powers of attorney you have and use you can
not locate over 1 mites ol a creeK in any one
month. By using additional powers of attorney
you can secure greater width but no greater
length.
There appears to be no limit to the number
of lode claims you may locate in any month or
mining district or under powers of attorney, pro
vided always that ever}' such location is support
ed by a bona fide discovery of mineral in place,
and the other elements necessary to make a valid
location. •
ANNUAL ASSESSMENT LABOR (Placer)
Under the law passed by the 1935 Territorial
Legislature at least one hundred dollars worth
of labor or money must be expended each year
for every 20 acres or fraction thereof contained
in every placer location made on and after that
date. No assessment labor is necessary during
the fractional year in which the loction is made
(to July 1st following). A failure to perform the
annual assessment labor in any year that it is
required constitutes forfeiture. Assessment lab
or must be fully performed before noon on the
First day of each July, and if not fully so per
formed before that time, any person may re
locate the claim as if no prior location had ever
been made. (The law allowing resumption of lab
or before July 1st does not now apply to Alaska.
See Act of Congress. March 2, 1907 which has
never been repealed.)
ANNUAL ASSESSMENT LABOR (Lode Claims)
The same rule applies to Lode Claims, to the
extent (hat it is a safe rule to go by, in connec
tion with lode claims now in existence.
While the matter has never been before the
Courts it is believed that with the repeal of
the Wiekersham Act in 1935, all mining claims
theretofore located were thereafter and are now,
with regard to annual assessment labor, subject
to the general mining laws of the United States
which require that but $100.00 work and labor
be performed upon a mining claim each year;
in other words all claims located prior to March
14,1935, whether 20-acre claims or association
claims require but $100.00 worth of work or lab
or to be expended thereon or fo’* its benefit to
fully satisfy the requirement of annual assess
ment labor as by law required.
The Territorial Law of 1935 does not at
tempt to regulate annual assessment labor on
claims located prior to its passage. It might be
argued that claims located under the provisions
of the Wiekersham Act must comply with the
Wiekersham Law as to assessment labor but
the ground for such contention seems far fetched.
AFFIDAVITS OF ANNUAL LABOR
It is not necessary to record affidavits of
annual labor but it is a good policy to do so.
Facts alleged in such affidavits are presumed in
law to be true and can be discredited only by a
preponderance of evidence to disprove them.
If you fail to record affidavits of annual lab
or, the burden of proof rests upon you to prove
that the said assessment labor was actually per
formed as required by law. An adverse claim
ant is in much better position to contest your
rights where no affidavit appears on the records.
RIGHTS ACQUIRED UNDER A
VALID PLACER LOCATION
Under a valid placer location one acquires
the exclusive right to the use and possession of
the surface of the claim, everything thereon and
everything thereunder, except that he acquires no
right to lodes, ledges or veins known to exist at
the time of his placer location. Where any such
known lode, ledge, or vein is not appropriated
at the time of making the placer location, and
it, or a part thereof is within the boundaries of
the placer location, a separate lode location
should be made by the placer locator to fully
protect all his rights.
If at the time of making the placer location
no known lode, ledge or vein exists within the
boundaries of such location, the placer locator
has the right to prevent a stranger from pros
pecting within his location for such unknown
lode or mineral bearing rock.
One who relocates an abandonee! or for
feited placer or lode claim acquires title to
any and ail permanent improvements made by
his predecessor to the same extent that he ac
quires title to the ground. When one abandons
or forfeits his rights undeT a mining location, all
of his rights to the claim revert to the govern
ment, and thereafter to a later bona fide re
locator.
RIGHTS ACQUIRED UNDER A VALID
MINERAL (QUARTZ) LOCATION
One who makes a valid mineral location has
a right to the use and benefit of everything up
on the surface of the claim and to all minerals,
both placer and quartz, beneath the surface
thereof and perpendicular between his end lin
es. He may follow the dip of the vein, ledge,
or lode in a downward course as far as he may
diverge so far from the perpendicular as to ex
tend beyond a line perpendicular to his side
lines. (This is only a general statement and
should be taken accordingly. There are many
exceptions to the general rule which space for
bids in this treatise).
TITLE OF A LOCATOR OF MINING GROUND
Under a valid location of mining ground,
(quartz or placer) the locator acquires an equity
in the ground which is equal to fee simple title
as against all persons except the United States.
Nobody can question this title except the United
States. The right thus acquired may be sold,
hypothecated, leased or otherwise disposed of
as if it were fee simple title. And this title is
good as long as you do what the government
says you must do to preserve it. Title becomes
fee simple after a patent has been issued from
the United States.
But always bear in mind that your title to
an unpatentfcd mining claim in the United Stat
es is founded and based upon a valid location
under the laws of the country and its continuan
ce is based upon your doing what the govern
ment says you must do each year to preserve
it. If a cla.m is worth staking, stake it properly.
If it is worth holding do your annual lai>or hon
estly.
For Sale at The Nome Nueeet Office—1(V
HOW TO STAKE CLAIMS.
How Mining Claims can b*
Staked in Alaska, length, Bread
th, how many, and the Associa
tion Claim, described in detail. ir<
pamphlet form, for sale at Th*
Nugget Office, for 10 cents.
IN THE UNITED STATES LAND
OFFICE FOR THE NOME LAND
DISTRICT. NOME. ALASKA.
NOTICE OF APPLICATION
FOR PATENT
.Mineral Survey No. 1884
.Mineral Entry No. 0932
Notice is hereby given that Un
it; d States Smelting Refining and
Mining Company, a Maine cor
poration. by and through its at- j
torney-in-fact, A. M. Hartford,
whose post office address is Nome,1
Alaska, has made application for
United States Patent for the Won
der Fraction No. I and Wonder
Fraction No. 2 Placer Mining
Claims situated on Wonder Creek,
a tributary of Center Creek, in
the Cape Nome Mining District
and Precinct, Territory of Alas
ka. and designated as United
States Mineral Survey No. 1884
and particularly described in the
official plat and field notes now
on file in the said Land Office as
follows:
Wonder Fraction No 1
Magnetic variations 17 deg. (Ml
min. to 17 deg. 45 min. E.
Beginning at Cor. No. 1 of Won
der Fraction No. 1 Placer, esta
blished on line 2-3 Survey No.
444. Lillian Association Placer, a
fir post 42 in. long. 4 in. square,
18 in. in the ground, in an earth
mound 24 in. base, marked WF
1-1WF-2-3-1884, for this survey,
i and from whence U.S.L.M. No.
11 bears N. 77 deg. 24 min. E.
5.289.66 ft. Anvil Rock bears N.
'13 deg. 31 min. 30 sec. E. then-;
1 ce S. 19 deg. 00 min. W. 143.8i
• ft. to Cor. No. 2, identical with |
Cor. No. 6, Survey 1155. Linda
! Association Group Placer, a fir
post 4 in. square, 30 in. above
ground, marked WF-1-2-WF-2-2
1884 for this survey, thence N.
58 deg. 54 min. W. 659.3 ft. to
Cor. No. 3. identical with Cor. No.
4. Survey No. 1861, No. 6 Below
Discovery Placer, a fir post 4 in.
square 30 in. above ground, mark
ed WF-1-3-1884 for this survey,
thence N. 65 deg. 35 min. W. 547.6
ft. to Cor. No. 4, identical with
Cor. No. 5 Survey No. 1861, No.
'6 First Tier Bench on the Right
Limit Wonder Creek Placer, a fir
post 4 in. square, 30 in. above
ground, marked WF-1-4-1884 for
this survey, thence S. 68 deg. 47
min. E. 1190.2 ft. to Cor. No. 1
and place of beginning, contain
ing an area of 1.481 acres.
Wonder Fraction No. 2
Magnetic variations 17 cleg. 00
min. to 17 deg. 45 min. E.
Beginning at Cor. No. 1 of the
Wonder Fraction No. 2 Placer,
identical with Cor. No. 2. Survey
No. 444, Lillian Association Plac
er, a fir post 4 in. square, 24 in.
above ground, in an earth mound
12 in. high, marked WF-2-1-1884
for this survey and from whence
U. S. L. M. No. 11 bears N. 70 deg.
23 min. E. 4502.1 ft. Anvil Rock
bears N. 9 deg. 10 min. E.. then
ce N. 77 deg. 06 min. W. 993.0
ft. to Cor. No. 2. identical with
Cor. No. 2 Wonder Fraction No.
1 Placer of this survey, and pre
viously described, thence N. 1!)
cleg. 00 min. E. 143.8 ft. to Cor.
No. 3, which is identical with
Cor. No. 1 Wonder Fraction No.
1 of this survey previously des
cribed, thence S. 68 deg. 47 min.
E. 988.5 ft. to Cor. No. 1 and
place of beginning, containing an
area of 1.630 acres.
The adjoining claims are: on
the north Survey No. 444. Lillian
Association Placer; on the east
Survey No. 1333. Florence Asso
ciation Placer and Survey No.
1155 Linda Association Group
Placer; on the -south Survey No.
1155, Linda Association Group
Placer, Survey No. 1885, Wonder
Fraction No. 3 Placer, Survey No.
1861, No. 6 Below Discovery Plac
er, and Survey No. 1861. No 6
First Tier Bench on Right Limit
Wonder Creek Placer: on the
west Survey No. 1127, Tundra
Lakes Association Placer. The
conflicting claims are Justice
Placer Claim, survey No. 583,
claimant unknown.
The location certificates for
said mining claims are recorded
in the office of the recorder of
the Cape Nome Mining District,
Territory of Alaska, in volume
208, pages 416 and 417 of the re
cords of locations of said district.
The mineral monument to
which these claims are tied is des
cribed as follows:
U. S. L. M. No. 11 is a fir post
6 in. square., 7 ft. above ground,
firmly set in a mound of stone 30
in. high, 60 in. base, marked U.
S. L. M. No. 11 and is situated
on the ridge between Holyoke
and Bourbon Creek 70 ft. E. of
the Bessie road in Lat. 64 deg. 32
min. N. Long. 165 deg. 22 min. W.
Dated the 5th day of Aug
ust, 1937.
ALMER RYDEEN
Register
First Publication Aug. 6, 1937.
Last Publication October 6, 1937.
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