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Resolved, That article 7 be so construed as to require each of the owners of mining ground to do one day's work on any portion of his ground each week, which shall represent all the ground he owns in the district.
The following resolution to construe article 7 to cover an original defect, was also adopted, namely:
Resolred, That the by-laws of the District be re-adopted. Dated and signed by the President of the District and Secrecarty of this meeting.
Moved and seconded that article 2 be so amended as to read_“from the Big Butte to the head of Silver Bow Creek”-lost. Whereupon the meeting adjourned sine die.
WM. ALLISON, President.
JULY 30, 1870. At a meeting of the miners of Summit Valley District held at the post office pursuant to previous notice the following action was had :
A motion was made to lay mining claims over until May 1st, 1871.
Pursuant to previous notice a miners' meeting was held July 11th, 1871 of which Peter Hume was elected
ANSON FORD, Secretary. At a legal meeting of the miners of Summit Valley held July 29th, 1872 it was Resoired: That all mining ground in the District be laid over until July 29th, 1873.
PETER HUME, President. ANSON FORD, Secretary.
[The occasional mention of quartz mining in the following regulations will serve to show the inception of this industry at Butte.
At an adjourned special meeting of the miners and citizens of Summit Valley District for the purpose of establishing some regulations in regard to Quartz operations under “ Act of Congress, approved May 10th, 1872, entitled An Act to Promote the Development of the Mining Resources of the United States," J. D. Allport was made president and Anson Ford Secretary:
On motion it was ordered that the maximum of wages on lodes be six dollars per day.
On motion Anson Ford was elected special Recorder, and as Notary Public to administer an oath to quartz operators, verifying the report they may make to him of labor and expense incurred by them on lodes.
On motion the fee for making such record and administering the oath was fixed at one dollar.
J. D. ALLPORT, President. ANSON FORD, Secretary.
At a regular meeting of the miners of Summit Valley District at Butte City, Aug. 1, 1873, Richard S. Jones was elected President, and Anson Ford was re-elected Recorder.
Mining ground was laid over one year from date.
At a meeting held in Butte City, Jan. 20th, 1879, S. E. Hirbour was elected Secretary pro tem. W. P. Emery was elected Recorder for two years.
[No meetings have since been held to this date, November 1880.]
MADISON COUNTY-BROWNS MINING DISTRICT.
MINERS MEETING AT BIVINS GULCH At a miners meeting held Nov 13, 1864 at Neng's saloon in Bagdad Browns district Bivin's galch Madison County M. T. specially called to take into consideration the most effective means to compel Caleb Perry and J B Smith to pay WP Allen & Co $10000 the following preamble and resolution were offered and unanimously adopted.
Whereas at a meeting held on the 6th inst Perry and Smith were found to be justly indebted to WP Allen & C in the sum of $10000 and whereas after the miners having pat Allen & Co in possession of the claims of Perry and Smith they gave their word of
honor if Allen & Co would let them—Perry & Smith-work the claims that Allen & Co should have the first money taken out to the amount of $10000 and guaranteed that the said amount should bo paid within 10 days and whereas Perry & Smith have failed to comply with said agreement, and have paid other debts to the amounts of $50000 and upwards and paid after Allen & Co's claim was due thereby forfeiting their word and attempting to defraud their creditors which is characteristio of the firm-Perry & Smith-therefore
Resolved that the miners of the district put Allen & Co in possession of the claims of Perry and Smith and protect them in holding and working the same with their livos and property if necessary.
Perry and Smith not being present motion was made and carried that a committee be appointed to notify Perry and Smith to appear before this committee within 10 minutes.
The committee returned with Perry and reported that Smith had left the gulch.
On motion the chair appointed the following committee to place Allen & Co in possession of mining claims
W. HUFFAKER, Chairman. S. J. PERKINS, Secretary.
MINERS MEETING At a Miners Meeting held at the store of E E Thomas in Browns Disct Bivens Gulch Madison Co. MT. on Sunday March 5th J Harper was chosen Chairman and HN Elliott Secretary.
On Motion of Mr Huffaker it was moved and carried that the section of the law restricting the number of claims be repealed
On motion of Mr Stanley it was
Resolved that any company or companies shall have the right to purchase and hold all purchase mining claims on Bivens Gulch in Browns Disct by representing the same according to the laws thereof
On motion of Mr. Rumsey it was
A committee consisting of Mr Stanley and Mr Huffaker were appointed to wait on the former Recorder (Mr Perkins) and request him to deliver over to Mr Thomas all books and papers belonging to the Disct.
On motion is was carried that the proceedings of this meeting be signed by the Chairman and secretary and recorded in the records of this Disct.
The meeting then adjourned.
MADISON COUNTY.-FAIRWEATHER MINING DISTRICT.
LAWS OF FAIRWEATHER DISTRICT ENACTED BY THE MINERS OF SAID DISTRICT IN PUBLIC MEETING SEPTEMBER
At a miners meeting of Fairweather District Madison County Territory of Montana held at the “Miners Retreat" Sept the 16th 1864 in pursuance of notice posted up in three of the most public places in said district James Fergus presiding.
On motion E A. Brown was elected Secretary.
The report of the committee appointed at a previous meeting to revise the laws of said district was read and on motion accepted and the committee discharged. The laws and regulations so reported were then read and adopted by sections.
A motion was then made and carried that a committee of five be appointed to have the new law together with the old laws still in force drawn up together and printed in phamplet form Lewis W Borton B R Martin G. W Weeks J C Otto and James McGuire were appointed as such committee.
On motion Jas McGuire was elected president and Lewis W Borton Secretary of said Fairweather district The report of said committee as well as the preamble and laws so enacted are as follows:
PREAMBLE. Whereas the laws now in force in Fairweather district Madison County Montana Territory have proved insufficient to protect the rights of the miners of said district and whereas the rights and interests of the miners of the district are of such a nature as not to admit of a resort to the tedious remedy by the ordinary process of law for every violation of the rights.
Now therefore we the miners of said district in public meeting assembled in pursuance of legal notice for the purpose of defining our rights and duties and the protection of our several interests do hereby resolve and declare that the rules and provisions following shall be the laws of Fairweather district.
ARTICLE 1. SECT. 1. Hereafter the offices of the district shall consist of a President and Secretary who shall hold their offices for a term of six months and until their successors are duly elected and enter upon the discharge of the duties of their office
SECT. 2. It shall be the duty of the president to call a meeting of the miners of the distriet at any time on the written application of five claim holders of the district of which he shall give 3 days notice previous to the day of meeting by 3 written or printed advertisements, put up at 3 of the most public places in the district and he shall preside at such meeting.
Sect. 3. It shall be the duty of the secretary to attend all meetings called by the president, to keep a true record of the proceedings thereof and file the same with the County Recorder and he shall preside at all meetings when the President is absent.
SECT. 4. After suit commenced in any case wherein a title to a claim is called in question neither party shall be held liable to represent said claim during the pending litigation but the same shall be deemed to be represented in favor of the real owner by operation of law.
Sect. 5. Every person shall be entitled to hold by preemption, one creek bar or bill claim and as many of either kind by purehase as he shall represent according to the laws of the district
SECT. 6. Any copartnership or company of persons shall be entitled to hold the same number of claims by preemption. And purchase as the same number of persons composing such copartnership or company would be entitled to hold in their individnal capacity.
SECT. 7. The lessee of a claim—if he shall have agreed to completely work out the same and his lease be recorded-shall be entitled to hold his claim by preemption and his work done on one leased claim shall represent the claim preempted by him.
SECT. 8. No person who having preempted a claim by recording thereon has forfeited the same or who has failed to secure good title thereto or who shall in good faith sell and convey the same shall lie thereby be debarred from holding another claim by preemption.
Secr. 9. Every claim shall be considered as represented upon which the preemptor or purchaser shall by himself his agent or hired hand perform three full days work in each week and such representation of one claim shall be deemed a good and sufficient representation of each and every claim that such preemptor or purchaser holds in the district. provided that each and all of said claims have been duly recorded, and if any person shall represent a claim by working thereon without having his bill of sale or conveyance thereof duly recorded then in that case he'shall not be entitled to hold any other claim in this district either by preemption or purchase but shall be confined and limited to the claim upon which he so works until it be recorded.
Secr. 10. Copartners or any company or companies working one claim in the district shall be considered as representing thereby all the claims held by them in the district
Sect. 11. Any claim to which a drained ditch is commenced or being dug if the holder of the same shall compose one of the ditch company or shall put and continue hands at work in the same shall be considered as duly represented until the drained ditch be completed to such claim.
SECT. 12. The absence of any person from the district shall not impair or invalidate his rights therein. provided his interests are represented by his partner or agent or men in their employ.
SECT. 13. The rights of a sick miner shall be respected during his illness, and the certificate of a physiciau shall be sufficient evidence of such illness
SECT. 14. Any miner who shall have expended six hundred dollars on his claim and who for want of money to finish opening the same is unnable to represent according to law shall have the privilege of working on any other claim in the district in order to raiso money to enable him fully to open his own claim provided he shall put up notices on his own claim stating where he is at work and his rights shall be respected during the time he is so at work for others.
Sect. 15. It shall and may be lawful for any person or company to dig a drain ditch through the claim or claims of any person or company for the purpose of drainage and any person or company making such ditch shall have a lien upon any and all of the claims throughly drained thereby, for a just and equal proportion of the costs thereof. but no lien shall be enforced until the holder of the claim affected thereby shall avail himself of the benefit of the ditch.
SECT. 16. The water in any creek or gulch shall belong exclusively to the miners of the creek or gulch.
SECT. 17. Each gulch claim shall be entitled to one sluice head of water of not loss than 20 inches to be measured subject to a pressure of 6 inches and such an additional quantity as may be necessary for mining purposes if such additional quantity be not used to the injury of the rights of others
Sect. 18. The interests of the holder or holders of any creek or gulch claim is hereby declared to be a chattel interest consisting of the right to the posession of the land and the water thereupon inseparable and indivisible except by the consent of the party or parties in interest made in due form of law and then only to such an extent as shall not impair or infringe the right of others.
SECT. 19. No person or persons or company shall have the right by preemption or otherwise to claim and hold an exclusive right or privelege in or to any portion of the water in any creek or gulch in the District except as herein provided and any ditch pipe channel flume or other means of conveyance heretofore made or which may hereafter be made by which the water in any creek or guleh in the District shall be diverted from its original channel and carried beyond any creek or gulch claim withont leaving in the creek or guleh the quantity of water beloning to each claim is hereby declared to be a public nuisance and may be abated immediately in such a way and manner as shall be in accordance with the laws of this Territory and the common law of the land
SECT. 20. All dams flumes embankments or other obstructions which shall cause tailings to accumulate or a diversion of the water to the damage of miners above and below, the same shall be deemed public nuisances and may be abated in the manner herinbefore provided for other cases and all persons injured thereby shall be entitled to recover damages of the person or persons who has created or may create authorize or permit upon his or their own claim all or any of said nuisances.
SECT. 21. No miner shall so run his tailings or shovel or pile up the same as to damage any claim either above or below him.
SECT. 22. Any miner of a creek or gulch claim who shall suffer injury by the escape of water from any side ditch shall be entitled to recover damages therefor by the ordinary process of law.
SECT. 23. It shall not be lawful for any person to place or run tailings into a side ditch made for the protection of a pit or a drain ditch
SECT. 24. Every claim not duly represented according to the laws of the district until the day upon which the claims in this district may at any time hereafter be laid by shall be forfeited and it shall be lawful for another person to record and preempt such forfoited claim at any time after the day on which the claims in the district shall be laid by and before the first day of May next following
SECT. 25. Hercafter all claims shall be deemed to be laid by during the interval between the last day of October and the first day May of each year
SECT. 26. At no time hereafter shall any miner of a bar claim ground sluice tailings into any gulch creek or drain diteh but such miner shall securely crib the tailings on his own claim.
SECT. 27. All laws rules and regulations hereintoforo in force in this district not conflicting with the laws rules and regulations herein enacted are hereby continued in force and all laws rules and regulations heretofore in force conflicting in the least in whole or in part with any of the laws rules and regulations herein adopted or any portion thereof are hereby repealed.
Sect. 28. The laws shall take effect and be in force from and after the 16th day of September. A D 1864
JAMES MCGUIRE, President.
We the undersigned committee appointed at a miners meeting held at the miners retreat in Fairweather district Madison county Montana Territory Sept 16 1864 in performance of appointment and request of said meeting do hereby in the sections following give and report the following laws of said district, as laws not conflicting with the general laws of said district as hereinbefore provided which are enacted and in force in said district.
Secr. 1. Bar mining claims shall consist of 100 feet up and down the creek or gulch running back the with of the bar.
LEWIS W BORTON
LEWIS & CLARK COUNTY.-VAUGHAN MINING DISTRICT.
In the summer and fall of 1875 the miners and prospectors in the Red Mountain or Vaughan district held one or two preliminary meetings, which were not recorded, and in August of that year (exact date unknown) held an important meeting of which the following is a copy :
LEWIS & CLARK COUNTY, MONTANA TERRITORY. A meeting held by the miners of Lewis & Clark, and Jefferson counties, Montana Territory, At the residence of C. B. Vaughan for the purpose of organizing a mining district.
Mr. C. B. Vaughan addressed the meeting, Stated the object, which was to establish a Mining District.
Art. I. All that portion of country contained within the following boundaries to wit commencing at the head of the East Fork of Cataract Gulch, near the Basin trail to Helena, and following said Fork to the main Gulch: thence up the west fork to tho head thereof; thence westerly along the Southerly base of Bald Mountain to the center of the divide at the head of Basin Gulch; thence northeastly along the center of the divide between Banner and Raby Gulches, past the south line of the Try again placer mines, to the west end of the Wanderer lode, which the said lode is situated on the summit of the range Sout of Red Mountain; thence Northwestly along the sumet of Red Mountain to the head of the Cheesmans Ditch on Bever Creek; thence Southly along said Wagon road to the Walfolk reservoir thence along the Basin trail to the place of beginning, shall constitute the Vaughan Mining District.
Art. II. The officers of Vaughan Mining District shall consist of a President, a Vice President, an Arbitrator, and a Recorder, who shall hold office for one year; or until successor are duly elected and qualified
ART. III. It shall be the duty of the President to presido at all Meetings held under these articles, and sign all Laws passed, and read all proceedings of such meetings, as also to give due notice of the reglar annual Meeting for the selection of officers.
Art. IV. It shall be the duty of the Vice President to discharge the duties of the President in the absence of that officer.
Art. V. It shall be the duty of the Arbitrator to preside at all arbitrations held by virtue of these articles, and to keep a correct record of all cases arbitrated, said Record to clearly show the questions involved and the decision thereupon.
ART. VI. It shall be the duty of the Recorder to keep a correct record of all proceedings had by authority of this organization, and to record in a well bound and substantial Book, all doucments pertaining to Mines in such manner and under such regulations as may be hereafter provided by laws of the District.
ART. VII. All persons residing or owning mining property within the District shall be entitled to vote at all District meetings.
Art. VIII. Whenever ten miners, legal Voters of this District, shall petition the President to call a special meeting, setting forth in their petition the necessity for such ineeting, it shall be the duty of the President to do so, taking care to give due notice in all parts of the District: and the object of said meeting shall be stated in the call
Art. IX. These articles may be alterd or remanded by a majority of the Voters at the regular anual meeting called for that purpose, the notice whereof shall state that it is the objeet of said meeting to alter or amend those articles.
These articles were read, Voted upon and adopted.
Moved & seconded that the chair appoint a committee of three to draw up additional by laws to be presented to an adjourned meeting. Carried.
Committee W. F. Chilhom, A. J. Arnold and J. Bell.
Moved and seconded that the chair appoint a committee of three to consult with the miners of the McDaniels camp for the purpose of ascertaining if they wanted there lodes included in the Vaughan District. (Carried.)
Committee: Bell, Arnold & Wolff.
A. J. Arnold was nominated for President it was moved & seconded the word Arnold be stricken out & Vaughan be inserted
B. C. Vaughan was duly elected as President
MEETING OF FEBRUARY 2174 1875 AT 3 O'CLOCK P. M.
Voted that the annual meeting be held on the first Saturday in September of each year.
BY LAWS OF THE VAUGHAN DISTRICT.
Voted that no Lode shall be recorded until a mineral vein lode, or Ledge is fairly exposed.
Voted That the recorder of the district shall be entitled to charge the following fees to wit: for recording any doucment not exceeding one page of legal cap paper, one Dollar for each additional page, Fifty centz,
Voted That whenever any dispute shall arise in the Distriot involving any question pertaining to mines or mining, it shall be the privilege of the parties to such dispute to submit the case to arbitration, to which end either party may proceed as follows, to wit, Any person thinking himself aggrived may furnish to the arbitrator a written complaint, setting forth wherein and by whom he considers his rights invaded or disregarded and stating that he desires to submit the case to arbitration; whereupon it shall be the duty of the Arbitrator to furnish the party complained against with a copy of said complaint, and to appoint without delay, a time and place for holding such Arbitration, wherefore the party shall be duly notified at least one week before such arbitration is to take place, the Arbitrator shall also notify the plaintiff and defendent that it is the privilege of the parties to choose two persons as Arbitrators, each party choose one, and that such persons shall in connection with the District Arbitrator constute a Bord of Arbitrators for the hearing and adjustment of the case between said plaintiffs.
Moved that the Helena Herald be requested to Publish the Constitution and Laws of the Vaughan District carried
Meeting Adjourned Sine Die.
NOTE.—These were all the regular meetings ever held in the district and the affairs of the organization went smoothly on, the spirit of the roughly-drawn laws and regulations being sacredly observed by the illiterate prospectors, who, although they might not know how to frame laws, knew how to observe them. In later years it has become the general custom to make all records with the respective county recorders and to refer all litigation
The necessity for the old regulations of the mining district organizations is therefore rapidly dying out.
STOREY COUNTY.-GOLD HILL MINING DISTRICT.
MINERS' MEETING AT GOLD HILL
The Chairman briefly explained the object of the meeting, after which, Judge Crane, in a brief and cogent speech, gave an account of his labors and exertions as Delegate of Nevada to Congress.
On motion of V. A. Houseworth, it was unanimously
resolved, that the Chair appoint five Delegates to meet at Carson City, Eagle Valley, on June 20th, to appoint Delegates of this District to be elected by the people, to the Convention to be held at Genoa, Carson Valley, on the 18th day of July ensuing, to consider the public good.
The Chair appointed V. A. Houseworth, J. A. Osborn, Jas. F. Rogers, L. S. Bowers and Capt A. A. Parker said Delegates
It was unanimously
resolved, that we, the miners of Gold Hill, in demonstration of respect to Judge Crane, for his manly and distinguished services as Delegate to Congress, entitles him to our highest considerations.
The following preamble, rules and regulations were unanimously adopted :
Whereas, The isolated position we occupy-far from all legal tribunals, and cut off from those fountains of justice which every American citizen should enjoy, renders it necessary that we organize, in body politic, for our mutual protection against the lawless and for meteing out justice between man and man. Therefore, we the citizens of Gold Hill and vicinity do hereby agree to adopt the following rules and laws for our government:
ARTICLE 1st. There shall be elected one Justice of the Peace, one Constable, and one Recorder of this District, for the term of six months.
ARTICLE 20. The duty of the Justice shall be to issue all subpoenas, summons', warrants, attachments, etc., as may be required, to try all civil and criminal cases, and award sued judgments as the evidence of the case or the decision of the jury may require.