Wednesday, May 29, 1.901
PATENT YOUR MINING CLAIM.
THE SUMPTER MINER
I ,)
:y
t
Your Title to the Ground is Only Possess
ory Until That I Done.
Judge Parker, of Jefferson county,
Montana, has rendered a decision to the
effect that a railroad has the right of way
over an unpatented mining claim. The
case at Issue was that of a locator who
was working a claim north of the town of
Boulder. It was located and held under
the usual form of discovery and declara
tory statement.
When the new llneor cut-off of the Great
Northern was constructed through there
last fall, It was surveyed, located and con
structed across the mining claim and In
such a way as to cover the mouth of the
tunnel by which the ground was opened.
Prim brought suit for damages.. The
case came to trial, but on a statement of
law by council for the company the plain
tiff was knocked completely out and had
the costs assessed to him besides.
The company's attorney set up Insuffi
ciency of complaint and also the fact that,
according to an act of congress in 187;,
railroads are granted a light of way over
government land until a patent or abso
lute title is obtained by the occupant. A
miner on such ground has only a possess
ory right until a patent is secured. He
might have thousands of dollars of Im
provements on his mining claim, but a
railroad company could come along and
take a right of way anywhere through it
and he would have no recourse.
Evidently the same ruling would apply
to the occupant of a homestead through
which a railroad might locate Its line at
any time previous to the occupant secur
ing title from the government and the
occupant would have no recourse for dam
ages against the company. Exchange.
Pint Cranston Elevator on John Day.
J. K. Firth, representing the Joshua
Hendy Machine Works, of San Francisco,
was In Canyon City last week. His
company Is the builder of the Cranston
elevators, and it is likely one or more will
be Installed In this section of the country.
This elevator Is used In working mining
ground where there Is not sufficient fall
for a dump. The first machine of this
pattern was put In successful operation on
Canyon creek many years ago by a man
named Cranston, who left here to have a
pattern made by some Iron foundry, but
never returned. The machines are a
success wherever used, and Is considered
the only practical method of working over
the placer ground along the John Day
valley and on Canyon creek. Canyon
City Eagle.
Oregon Mill Treating Present Need Ore.
Joe Reese and Fred Morey have leased
the Oregon mill until January 1. After
being thoroughly overhauled by J. C.
Hill it commenced work Tuesday on a
trial run of twenty tons of roasted ore
from the Present Need. This will be fol
lowed by a run on Couger ore, and when
that Is completed It Is expected the Pres
ent Need will keep the mill going stead
ily. Prairie City Miner.
New Map of the Cable Cove District.
Engineer W. H. W. Hamilton has just
completed a new map of the Cable Cove
mining district, 17x23 Inches In size,
showing the various properties there, the
mountain ranges, water courses, wagon
roads and trails. Blue prints of the same
are for sale at THE MINER office at St.50
each, sent postpaid to any address on re
ceipt of the price.
ORDINANCE NO.
AN ORDINAMCI PROVIDING FOR THI TlaU AND MAN
NSR OP IMPROVING Mill STRUT PROM THI NORTH
LINI OP AURURN STRUT TO THB RAIIWAV CROSS
ING ACROSS SAID Mill STRUT SOUTH OP BSCCH
STRUT.
Whtrtas, dut and lt(l notlct of tht propoud la
provtBint of Mill sfrttl from tht north Hat o Au
burn strtttto tht railway crossing across said Mill
street south of Beech street, pursuant to the order of
the City Council, having been elven by posting no
tices as required by law, and no legal remonstrance
thereto having been made or filed by owners of prop
erty abutting upon said propoposed Improvement,
therelore,
The City of Sutnpter does ordain as follews:
Section t. That Mill street from the north line of
Auburn street to the railway crossing across said Mill
street south of Beech street, shall be Improved In the
manner and within the time hereinafter provided.
Section a. That said Improvement shall be made
by gradlng,sald Mill street within the limits of said
proposed improvment to the proper grade, as estab
lished to Austin street by crJInances heretofore
adopted, and as mav be established bv the Cltv En
gineer and adopted by the Council, from said Austin
street to said railway crossing, and by graveling
said Mill street within the limits of said proposd Im
provement for the width of fortv feet with washed
gravel to the depth ot ten Inches, an J by the lalng
of all necessarv crosswalks, sidewalks and gutters.
Section The surface of the street shall be clear
ed of all obstructions exepilng such sidewalks and
crosswalks as are now laid and are properly con
structed. In proper place and In good condition and on
such established and to be established grade.
Section 4, The contractor or contractors for slid
Improvement shall not dig up or disturb the surface
ol the street for a greater distance than hun
dred feet at anv one lime.
Section 5. The contractor or contractors shall be
responsible for any loss or accident resulting from
carelessness or neglect, and such Improvement shall
be completed to the satisfaction of the City Engineer.
Section 6. The contractor or contractors shall
complete the same within such time as the Council
may hereatter order.
Section 7- The contractor or contractors to whom
the contract for said Improvement Is let, shall look
for payment only to the fund to be assessed upon the
property liable for such Improvement and paid Into
to the City Treasury for that purpose.
Section 8. The City Engineer Is hereby required
to prepare an estimate of the probable cost of the Im
provement above proposed, Including costs ot engi
neering and superintendence and file the same with
the City Recorder.
Passed the Council this sjth day of May, iooi.
E. L. Mannino, Recorder.
Approved, May t. iooi. ,
J. H. RonniNS, Mayor.
ORDINANCE NO. II.
AN ORDINANCB TO PROVIDE TOR Till PRBVENTINO
AND REMOVAL OF NUISANCES AND TO PROVIDE
FOR THB PROTECTION OP THB PUUIIC HEALTH
AND SAFETY.
The City of Sutnpter does ordain as follews:
Section 1, No person shall expose or offer for salt
within the city limits any spoiled or tainted meat,
fish, fruit or vegetables, or the flesh of any calf less
than four weeks old, or cast, leave or keep In any
read street or alley or other place within the city
limits, any spoiled or tainted flesh, fish, fruit, fowl,
hide or skin, or any part of any dead animal, or any
stagnant or Impure water or unwholesome sub
stance of any kind. Any person violating this sec
tion, shall, upon conviction thereof. In the Recorder's
court, be fined not less than ten nor more than fifty
dollars.
Section . The owner, agent or occupant of any
premises within the city limits to which a privy be
longs or appertains, who shall use or keep the same
or permit the same to be used, o kept as to cause a
noisome or offensive smell, shall be deemed guilty of
maintaining a nuisance, and shall, upon conviction
thereof. In the Recorder's court, be fined not less
tnan ten nor more than fifty dollars, and the City
Marshal shall cause such nuisance to be abated.
The expense of abating such nuisance shall be taxed,
as costs in sucn prosecution, cui snau oc paid vy me
city In the first Instance and thereafter recovered
from such owner, agent or occupant, provided, how
ever, that no prosecution shall be Instituted under
this section unless such owner, agent or occupant
shall reluse to abate sucn nuisance witnin twenty
four hours after having been nolllied so to do by the
Marshal.
Section . No person shall permit or suffer to ac
cumulate In or upon any yard, lot, place or premises,
owned or occupied by him, or for which he may be
agent, or upon any street or alley adjacent to such
yard, lot, place or premises, any stagnant or Impure
water, refuse, vegetables, decayed or decaying sub
stances, garbage or filth of any kind, not suffer such
lot, place or premises to be or remain In such condi
tion as to cause or create a noisome or offensive odor.
Any person violating this section, shall be deemed
guilty of maintaining a public nuisance, and upon
conviction thereof, In the Recorder's court, shall be
fined not less than ten nor more than fifty dollars, and
the City Marshal shall cause such nuisance to be abat
ed. The expense of abating such nuisance shall be tax
ed as costs In such prosecution against such offender,
but shall be paid by the city In the first Instance and
thereafter recovered from such offender, provided.
however, that no prosecution shall be Instituted under
this section, unless such offender shall refuse to
abate such nuisance within twenty-four hours after
having been notified so to do bv the Marshal.
Section 4. Whenever the Marshal Is directed to
abate a public nuisance, he Is authoilred to remove
anv obstruction necessary to abate the same.
Section j. It shall be unlawful for any person to
deposit, or cause to be deposited. In any road, alley
or street within the City of Sutnpter, or upon any
land belonging to the city, any refuse, waste or rub
bish of any kind, except upon such land as the coun
cil may designate as a public dumping ground, and
anyone violating any prov'stons of this section, shall,
upon conviction thereof. In the Recorder's court, be
teed not less than five nor more than fitly dollars.
Section 6. That ordinance No.it, new series, of
the Town of Sumpter, entitled "An drdlnace Provid
ing for a Public Dumping Ground," be and the same
is hereby repeated.
Passed the Council May. 15, loot.
E. L Mannino.
Recorder of tht City ot Sumpter.
Approved May it. iooi,
J. H. ROBBINS, Mayor.
ORDINANCE NO.
AN ORDINANCB FIXINO THB COMPENSATION OF THB
CITY PHYSICIAN.
Tht City of Sumpter dots ordain as follews:
Section 1. Tht City Physician of tht City of
Sumpter shall receive as full compensation for all
duties performed by him under tht Charter and Ordi
nances of tht City of Sumpter, tht sum of Fifteen
Dollars per month, to be paid by warrant drawn on
tte City Treasurer.
Passed the Council May i, 1001.
L Mannino, Recorder.
Approved this eth day ot May, 1001,
J. H. ROBBINS, Mayor.
Joshua Hendy Machine Works
Nos. 38 to 44 Fremont Street
SAN FRANCISCO, CALIFORNIA tTJl
tfEjflRPgntjiiMiHA.
IMPACT WATER WHEEL
WRITE FOR CATALOGUE AND PRICES
r
AW'W
OPERA HOUSE SALOON
SUMPTER BEER ON DRAUGHT
BILLIARD AND POOL TABLES
Agents for Matting
ly and Moore Whis
key a 20-year-old
whiskey as good as
Elixir of Life. All
whiskies are out of
SUMPTER,
fV
Famous.
HOP
GOLD
BEER
STAR BREWING COMP'Y.
Portland, Oregon
IN KEGS, BARRELS OR
BOTTLES AT PRICES
UNEQUALED BY
...OTHERS...
Sumpter
Forwarding
Company
SUMPTER, OREOON
ASK FOR HOP GOLD
Sti.irtz Mining and Milling
olstlng, Pumping and
Saw Mill Machinery, Hy
draulic Mining Machinery.
Giants, Water Gates and
Hydraulic Rlvlted Pipe. .
Water Wheels and Water
Motors, Engines. Rollers.
Pumps and Machinery of
every description. J jt
. Prospecting Machinery.
bond and guaran
teed the genuine ar
ticle. Popular re
sort for Commer
cial Travelers and
Miners.
OREGON
RIO GRANDE WESTERN
RAILWAY
lit OOtt-MOfKMl ltH I Hi
DENVER RIO GRANDE r
. COLORADO MIDLAND RAILROADS
Of MM CMOtOfl Of
THREE DISTINCT ROUTES
W THI
MOST MAINIFICENT SCENERY
IN AMtftlOA.
IT II TMf OHVt TftANtCONtlMNtM. llhf PAMlhQ
omioriy THttOUOH QUAINT aho pctumouc
SALT LAKE CITY.
LIA0VI1XK, COLORADO SPRINGS
anal DENVER.
IMS mi. allawta.
TMS HIO (WANDS WtSTI RN RAILWAY OPfHATia
TMRtI PAST TBAINt 10 TNI (AST
OAILY, OARHYINQ
vHSIVntan aavjsjaj SJtfEf
iHfSSSSH VTHMSSSYy VfwFtWV
TO OMAHA AND CHICAGO
tollHOUr CH.MU.
fraa Raellnlisa Chair Car.
arfawt Dtnlfig-Car Sarvtoa.
vo4 iNtrnMurin 01 p.wiNHtTa mourns or
J. D. Mansfield 8'7.J!r.i..
MS). W. HCIHTI, Om'I PsmV A.,SH US OMf
Sumpter
i Bottling Works J
Gagen' & Sloan, Proprietors.
Manufacturers of all kinds of car
Donated drinks and ciders. Or
ders filled and shipped on short
notice.
Jk J .St J Jt
SUMPTER, . OREGON
KTUKT!