[cover]
LOCAL
MINING LAWS
OF
HARRIS MINING DISTRICT,
ALASKA.
PUBLISHED BY
JOHN G. HEID & G.W. GARSIDE,
JUNEAU, ALASKA
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Local Mining Laws of Harris
Mining District, Alaska.
Harrisburg, Feb 9, 1881.
An adjourned meeting of the
Miners of Harris District was con-
vened at the house of P. McGlinghy
At 12:30 p.m.
The minutes of the previous
meeting were read and approved.
The following preamble and
resolution was read by T.A.
Wilson and passed:
WHEREAS, None but bona fide
American citizens have a right to
participate in making laws for the
government of American citizens,
and but few of those present being
able to prove their citizenship,
Therefore be it resolved that as a
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HARRIS DISTRICT MINING LAWS 2.
proof of citizenship, all persons
wishing to participate in this meet-
ing be required to make oath to the
same before an officer competent to
administer the oath.
The following resolution was then
passed:
Resolved, That it is the wish of
the miners present that Lieutenant
Commander C.H. Rockwell, U.S.
N., be requested to administer the
oath that they are citizens of the
United States, to those present who
desire to take the same.
Lieutenant Commander C.H.
Rockwell then administered the
following oath to the following persons.
I solemnly and sincerely swear
that I am an American citizen, so
help me God.
Geo. E. Pilz, John Dix,
Hugh Campbell, T.A. Wilson,
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M.H. Gobbons, R. Dixon,
James Rosewall, John Prior,
Frank McMahon, M.J. Hibbard,
J. Thompson, Henry Coon,
S. Lewis, Jas. Fallon,
C. Brown, F. Martin,
J.H. Turnbull, D. Foster,
J.D. Sage Miller, M. Hosford,
C.W. Forrest, John Olds,
M. Dunn, J. McKinnon,
J.T. Kernon, J.B. Newton,
W.M. Bennett, W. Pierce,
J.A. Ring, J.O. Nicholson,
N. R. Usher.
The committee appointed at the
previous meeting to draft a code of
mining district, presented the fol-
lowing preamble and laws which
adapted:
WHEREAS, Valuable mines hav-
ing been discovered by Richard
Harris and Joseph Juneau on the
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main land of Alaska, during the
month of October, 1880, and no
legal code of local laws having been
made, the miners residing near
these discoveries now think it pru-
dent to have a code of local laws in
accordance with the custom of min-
ers and the laws of the United
States, do now enact the following
articles:
ARTICLE I.
This mining district shall be
called the Harris Mining District,
and its boundary lines shall be as
follows, viz: Commencing at the
Auk Indian village and running
north-east true to the boundry line
of Alaska and British Columbia,
thence along said boundry line to
where it intersects the Takou River and
Takou Inlet to Stephen’s Passage,
to point of beginning.
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ARTICLE II.
Claims shall be divided into four
classes, viz: Placer, vein or lode,
mill sites, and water privileges.
ARTICLE III.
SECTION 1.- Placer claims shall
be subdivided into three classes,
vis: Creek or river, gulch or ravine,
and hill.
SECTION 2. - Creek or river claims
shall be two hundred feet in
length and shall extend from rimrock to
rimrock in width.
SECTION 3. – Gulch or ravine
claims shall be two hundred feet in
length and one hundred feet on
each side of the center of the gulch.
SECTION 4. – Hill claims shall be
two hundred feet in front, com-
mencing where creek or river claims
leave off and running back to the
summit, or a distance not exceeding
one thousand feet.
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SECTION 5. – Each discoverer of
new diggings shall be entitled to
two hundred feet for discovery and
two hundred feet by pre-emption, in
each river, creek, gulch, or ravine,
that he or they may find gold on in
paying quantities, providing the
number is not to exceed four.
SECTION 6. – A miner is entitled
to hold, if he represents according
to the laws of the district, one river
or creek claim, one bench or hill
claim, and one gulch or ravine
claim by exemption on each creek
or river in the district; a miner can
locat ground for not more than two
bona fide partners, and they must
be residents of the district at the
time of location.
SECTION 7. – All claims shall be
distinctly marked by placing stakes
at each corner and giving such de-
scription by reference to some
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natural object, or permanent monu-
ment that the claim can be easily
found and its boundary lines readily traced.
SECTION 8. – No person or com-
pany shall be allowed to dump
tailings or other debris on the ad-
joining company’s ground without
the consent of said company’s each
miner, or company shall be entitled
to drainage through the adjoining
ground.
SECTION 9. – The working season
shall be from the first day of June
to the first day of October. All
placer claims must be represented
during this time, unless just reasons
can be given for laying over claim
as provided in these articles.
SECTION 10. – Placer claims may
be laid over during the working
season for the following reasons:
Sickness of claimants, lack of
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water, or continued heavy floods in
the rivers. Where a claim is laid
over the claimant must place a no-
tice on the claim, stating the cause
of laying over, and must file a
duplicate of the same with the Dis-
trict Recorder.
Section 11. – All placer claims
that have been duly represented
during the working season are layed
over from the first of October, until
the following June.
All disputes concerning placer
mining ground may be settled by
arbitration.
ARTICLE IV.
Vein or lode claims shall be lo-
cated and worked in accordance
with the mining laws of the United
States.
ARTICLE V.
Mill sites shall be located on non-
mineral land, according to the laws
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of the United States.
ARTICLE VI.
Water privileges may be located,
but such locations shall not conflict
with the interests of the river miners.
ARTICLE VII.
A Recorder shall be elected annu-
ally by the resident miners of the
district. It shall be his duty to
keep a true record of all location of
claims, transfers, or lay-over no-
tices. The record shall be kept in
the most settled part of the district
and open for inspection.
ARTICLE VIII.
Vein or lode claims shall be re-
corded within twenty days after
location, and placer claims shall be
recorded within ten days of location.
ARTICLE 9.
The Recorder’s fee shall be One
Dollar and Fifty Cents ($1.50) for
each record of placer claim, trans-
fer or lay-over notice, and Two Dol-
lars and Fifty Cents ($2.50) for
each record of vein or load claim,
mill site, or water privileges or
transfer of same.
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ARTICLE 10.
A miner’s meeting can be called
by the recorded of the district at
the request of twenty or more min-
ers, but he must give at least ten
day’s notice, and said notices must
be posted in at least three conspicu-
ous places in the district.
The following resolution was then
passed: That we hereby recognize
that the records as kept by R.
Harris as the legal records of this
district, and all claims recorded in
said record book be considered as
legally recorded, and that said rec-
ords be placed in the hands of the
Recorder-elect as soon as qualified.
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Geo. E. Pilz, Chairman.
Thos. A. Wilson, N.R. Usher,
Frank McMahon, J.H. Turnbull,
S. Lewis, W.M. Bennett,
W. Pierce, John Prior,
M.J. Hibbard, J.D. Sage Miller,
J.A. Ring, Henry Coon,
M.H. Gobbons, Wm. Hosford,
B. Newton, Jno. Dix,
J.O. Nicholson, C.W. Forrest,
James Rosewall, Jas. Fallon,
M. Dunn, D. Foster,
John Olds, C.H. Rockwell.
HARRIS MINING DISTRICT
FEBRUARY 18, 1882.
An adjourned meeting of the
miners of this district was held in
house of Wm. Newcomer at two
o’clock p.m.
Minutes of the meeting of Febru-
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ary 8th read and approved. Com-
mittee appointed at the previous
meeting to report amendments to
the present code of laws governing
water rights, etc., made the follow-
ing reports:
MAJORITY REPORTS.
We, the undersigned, committee
appointed by the chairman (Mr. T.
A. Wilson) of the annual meeting of
the miners of Harris Mining Dis-
trict, for the purpose of drafting
amendments to the present mining
laws of the district, to report to an
adjourned meeting to be held at the
residence of W.H. Newcomer on the
18th of February, 1882, have the
honor to respectfully submit the
following for ratification:
ARTICLE I.
SECTION 1. – The right to use the
running water flowing in a river or
stream, or down a canyon or ravine,
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may be acquired by appropriation.
ARTICLE II.
The appropriation must be for
some useful or beneficial purpose,
and when the appropriator or his
successor in interest ceases to use it
for such a purpose, the right ceases.
ARTICLE III.
The person entitled to the use
may change the place of diversion,
if others are not injured by such
change, and may extend the ditch
flume pipe, or aqueduct by which
the diversion is made to place be-
yond that where the first use was
made.
ARTICLE IV.
The water appropriated may be
turned into the channel of another
stream and mingled with its waters
and then reclaimed but in reclaim-
ing it the water already appropriated
by another must not be diminished.
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As between appropriation [appropriators], the one
first in time is the one first in right.
ARTICLE VI.
A person desiring to appropriate
water must post a notice in writing
in a conspicuous place at the point
of intended diversion, stating
therein:
First.- He claims the water there
flowing to the extent of (giving the
number) inches, measured under a
four inch pressure.
Second.- The purpose for which
he claims it, and the place of in-
tended use.
A copy of the notice must within
ten (10) days after it is posted be
recorded in the books kept by the
Recorder of the district.
ARTICLE VII.
Within twenty days, during the
working season, after the notice is
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posted, the claimant must com-
menced the excavations or construc-
tion of the works in which he
intends to divert the water, and
must prosecute the work diligently
and uninterruptedly to completion,
unless temporarily interrupted
rain or snow.
ARTICLE VIII.
By “completion” it is meant con-
ducting the waters to the place of
intended use.
ARTICLE 9.
By a compliance with the above
rules, the claimant’s right to the
use of the water related back to the
time the notice was posted.
ARTICLE 10.
A failure to comply with such
rules deprives the claimant of the
right to the use of the water as
against a subsequent claimant who
complies therewith.
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ARTICLE 11.
Persons who have heretofore
claimd the right to water, and who
have not constructed works in
which to divert it, and who have
not diverted nor applied it to some
useful purpose, must after this title
takes effect, and within twenty days
thereafter, proceed as in this title
provided, or their right ceases.
ARTICLE I.
SECTION 2. – To have article 3,
section 12, to read: All disputes
concerning placer mining ground
and water rights shall be settled by
arbitration during the absence of
civil law, and such decision to be
final.
ARTICLE II.
It shall be the duty of the Re-
corder of the district to take the
books of records and laws upon the
ground in dispute if called upon.
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ARTICLE III.
All arbitrators must be paid by
the parties who are the losers of the
case in dispute at the rate of Five
Dollars per day, or any part thereof.
[Signed.] R.T. Harris,
Phillip Starr,
William Hasford,
S. Lewis.
MINORITY REPORT
First. - All disputes shall be set-
tled by a miner’s meeting or by ar-
bitration.
Second. – Where a party has a
prior location to a ditch, he is en-
titled to protection on said ditch to
prohibit parties from injuring said
ditch by dumping tailings.
[Sighed.] P. McGlinchy.
On motion, the reports of the
committee were received. It was
moved that the reports of the com-
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mittee be considered by sections.
Carried.
The majority report was then
taken up.
Section 1. – Articles first, second,
third, fourth, fifth, seventh, eighth,
nineth, tenth and eleventh were
adopted as read. Article sixth was
amended so as to read “six inch
pressure instead of four inch pres-
sure.”
Section 2. – Articles first and
second were adopted as read. Ar-
ticle third was amended by adding
“and the Recorder when serving
shall receive the same pay as arbi-
trators.”
The minority report was then
taken up and the following adopted
as article 12 of section 1 of the
amendments:
“When a party has a prior loca-
tion to a ditch, he is entitled to pro-
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tection on said ditch to prohibit
parties from injuring said ditch by
dumping tailings.”
One motion the reports were
adopted as a whole as amended.
On motion meeting adjourned.
T.A. Wilson, Chairman.
R.T. Harris, Secretary.
[Following section marked through in this edition.]
District of Alaska, Harris Mining District,
I, John G. Heid, mining and
district recorded, within and for said
Harris Mining District, do hereby
certify that the foregoing copy of
the “Miners’ Rules, Regulations
and Local Laws” of the miners of
said Harris Mining District, is a
true and correct copy of the original
“Miners Rules, Regulation and
Local Laws” as the same appear on
record in my office in book “A of
Records” of the records of said
Harris Mining District.
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And I do further certify that said
above mentioned “Miners Rules,
Regulations and Local Laws,” are
the identical “Rules, Regulations
and Local Laws” now in force in
and observed by miners of said
Harris Mining District.
In testimony whereof I have
hereunto set my hand and official
seal this 9th day of May, 1886.
[SEAL] John g. Heid,
District and Mining Recorder.
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