INTERIOR DEP’T 6IVES
VIEWS ON ASSESSMENT
WORK REQUIREMENTS
Clarification of a number of ques
tions connected with assessment
work and other phases of the mail
ing laws is undertaken by the De
partment of the Interior in a lepter
to Mining Supervisor H. D. Stewart
in which the relation of the mining
Jaws of 1907. 1912 and 1921 to
each other is dscussed. The De
partment’s viewpoint is outlined by
First Assistant Secretary E. C. Fin
The matter was brought to the
attention of the Department by Mr.
Stewart in submitting several ques
tions formulated by Attorney Gen
eral Ruvtgrard.
The Act of 1907 provides that
failure to complete assessment work
by December 31, shall forfeit the
claim whether or not it be relocated
by others. The Act of August 1,
1912. provides $100 worth of work
shall he done on every 20 acres of
a placer claJim ' each year, includ
ing the year of location.” The Act
of August 24. 1921. provides that
the period tvithin which the work
required by Section 2324 R. S. Is
to be done shall commence July 1.
The 1 ist of questions submitted
j by Mr. Steward is in substance as
I'nder the Act of 1912 is a claim
forfaited if 'the work is not eom
: pleted wftthin the year, or iethe Act
, of 1907 modified so that the claim
[ ina^ be hold if work is resumed be
fore the relocation though not oom
: pleted within the year?
Does the Act of 1921 affect the
Act of 1912 so as to change the
period within whtich the work must
be done? If it does when must the
finst work be done under Section 1
of the Act of 1912? Must ft be
done within the calendar year in
which the claim was located? Must
i‘ be done writhin 12 months of lo
cation? Or must it be done before
July 1. next after location? In
other words, does the Act of 1921
apply to any other work required
than thait required by Section 2324
Revtised Statutes, or does it also ap
ply to the work required by the Act i
of 1912 though not required by the ;
older sections of the Revised Sta
If the first work required by Sec- ;
tion 1 of the Act of 1912 is not done j
before the rime -for performing H ]
axpfiroe is the claim forfeited or j
may the locator “resume?”
Mr. Stewart, at the suggestion of
I Mr. Rustgard, referred the ques
tions to Director H. Foster Ba'in.
[of the Bureau of Mines and asked
that they he submitted to the U. S.
Attorney General for an opinion.
Reply of f>e|»arlment.
Dr. Rain forwarded the corre
spondence to the Department and
Assistant Secretary Pinney. under
date of February 5. last, pave its
Interpretation of the Acts in ques
tion as follows In part:
“I do not deem it essential at this
time to submit the matter to the
Department of Justice for an opin
ion. No concrete case ispresented
and any opinion exftressed would
he advisory only. In general it
may be sat'd that the question with
respect to the due performance of
assessment wdrk is one which in
voles the right of possession be
tween litigation claimants In the
courts having Jurisdiction.
‘‘In substance the questions sub
mitted are whether the resumption
of wcwk will protect a placer claim
located under the Alaska placer act
of 1912. and whether the act of
1921 changed the assessment per
iod for such placer claims.
“The Act of March 2. 1907 (34
Sta.t.. 1243). amended the laws
governing claims in Alaska and ex
pressly provided that upon failure
of the owner of any clatim to comply
with the provisions of the Act as to
the performance of work and 'im
provements ‘such claiim shall be
come forfeited and open to location
by others as If no location of the
same had- ever been made.’ Under
that legislation the courts have
held that an owner in default can
not save his claim by the resump
tion of work prior to a relocation,
the statute being in effect self-ex
ecuting with respect to the forfei
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BOARD OF DIRECTORS.
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F. T. FISCHER,
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OFFICERS.
B. O. ANDERSON.
Vice-President.
J08. E* AONBW,
Tree*, and Gen*1. Mgr.
H. J. LOOHOW.
i I<awN Further Modified.
| “The mining laws were further
modified and amended in their ap
J plication to the Territory of Alaska
as to placer claims by the Act of
August 1. 1912 (27 Stat.. 242.)
That Act prescribed that on every
placer clatfim thereafter located in
Alaska not less than $100 worth of
I labor should he performed or im
provements made ‘during each
; year, including the year of location.
for each'"and every 20 acres or ex
! cess fraction thereof.’
"I have no doubt that the forfei
ture provision of the Act of 1907
continues and applies to those pla
cer claims located after the Act of
August 1. 1922, equally as well to
those located prior thereto. There
Is nothing in the later Act pointing
■to the contrary'- simply pre
scribes more stringent requirements
with respect to annual work.
"The Act of August 24, 1921, (42
Stat.. 186) is entitled:
An act changing the period for
doing annual assessment work
on unparented mineral! claims
from the calendar year to the fis
cal year beginning July 1, each
"It is in form an amendment of
Sedition 2 of the Acrt of January 22,
1880, (21 Stat.. 61). and provide*:
Tha't the period within whiett
the work required to be done an
nually on all unpatened mineral
claims located since May 10.
1S72, including such claims in
the Territory of Alaska, shall,
commence at 12 o’clock meridian
on the first day of July succeed
ing the date of location of such
claim, provided further, that on
all such vn'Md existing claims thp
annual period ending December
21. 1921, shall continue to 12
o'clock meridian Juily 1, 1922.
Special Acts Cited.
“Ce.ntain suspension enactments
excusing annual work upon mining
dawns i-n Alaska ‘have applied to
placer am well as to other claims.
See the Act of December 1. 1913
(38 Stat.. 23R); joint resolution of
February 28. 1919 (40 Stat.. 1213).
and. joint resolution of November
13. 1919 (.41 Stat.. 345). These
last covered the years 1917, 1918
“The Act of December 31. 1920
(41 Stait.. 1084), extending the as
sessment period of 1920 to and in
cluding July 1, 1921, so that work
done upon any mining claim in the
United States or Alaska on or be
fore July 1. 1921. was of the same
effetot as if performed within the
calendar year of 1920. Thereafter
the Act of 1921, supra, wa-s passed
which changed .the assessment per
iod from the calendar to the fiscal
year and specified that the period
should commence at 12 o’clock mer
idian of July 1 succeeding the dafte
of localtSon. It also extended the
assessment period of 1921 to 12
o’clock noon JuBy 1. 1922.
"Tins was a general aci applying
to all unpatented claims including
those in Alaska. The purpose and
scope of the Act is Indicated .in its
title* as quoted above. By consider
ing this Act in connection with the
suspension laws and the special
placer Act of 1912, .the intent of
Congress can be cleetrly discerned
and the provisions of each Act giv
en due operation. The Act of
1912 was special and detailed in its
requirements. It was designated
to correct for the future certain un
desirable conditions existing in the
Territory and applied to every pla
cer claim thereafter located in Alas
ka. SpedfloaMy it required assess
ment work during each year, in
cluding ttye year of location. The
calendar year then constituted the
assessment year. There was no
purpose or intent to repeal the re
quirement relating to assessment
work for the year of location.
“It my opinion that upon an
Alaskan placer claim located during
the year 1920, the requisite annual
work completed on or before July 1,
1921. was effective to preserve the
claim (Act of December 31, 1920);
that upon such a claim located dur
ing the year 1921 and during 1922,
prior to noon of July 1, 1922, as
sessment -work completed before 12
o’clock meridian, July 1, 1922, was
fully effective, sLnd that as to Alas
ka placer claims located thereafter,
first annual work must be perform
ed prior fo noon of July 1 succeed
ing the date of location. (Acts of
1912 and 1921). This view of the
law accords wfiith the purpose and
spirit of the several Acts and gives
uniform and harmonious operation
to the different provisions of law.'
Act of 1921 Controls.
“The language of the Act of 1921
to the effect that the assessment
period shall commence at 12 o’clock
mcridBan on July 1 succeeding the
date of location is not applicable in
Me Wterafi form to Alaska facers lo
cated since the passage of the Act
of 1912 Mill controls and excepts
such claims in that respect from
the general law just as ft did from
»he Art of 1880. which is now
i amended by said Act of 1921. The
!«•!»* -til Act of 1912 did not vev\»r
take to fix or define the assessment
peitiod; that was determined by the
provisions of the Act of 1880 as the
calendar year. The main purpose
of the Act of 1921 was to change
the aasrcwment period from the cal- |
endar to the fiscal year. The re
quirement* of the special Act of
1912 writh respect to assessment
work for the year of location should
not be deemed repealed or super
seded by the lateT Act of 1921. !
I
“Referring to the engineer's in- •
qujfcries. I would state that in my |
opinion an Alaska placer claim lo- J
cated pursuant to the Act of Aug
ust 1, 1912. beoomes forfeited for!
failure to complete the required as- j
sessment work during the assess-1
meat period, if accordance with the i
provisions off of the Act of March 2. |
1907; that he resumption of work i
will not protect or preserve such a
location, and that the Art of August I
24, 1921, changed the assessment
•period from the calendar to the
fiscal year bed-nning at 12 o'clock,
July 1. with respect to Alaska pla
cer claims upon which annual work
for the year of location must stfll
be performed.”
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