Summary of Mining Laws, Federal, Territorial, and Local; Desert and
Timber Lands; Homestead and Pre-emption Rights; Spanish and Railroad
Grants. Land Offices. Officers of the Territory. Legislation on
Irrigation. Artesian Wells, Mining, Etc. Routes, Distances, and
Fares from and to all the Principal Points east and west, and in the
Territory. Altitude of Important Points. Meteorological Tables. Mineral
Springs. Southern Pacific Railroad Lands, Etc.
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Before the passage of the Act of 1866, by Congress, the ownership of
the mineral lands was retained by the nation. The first discussion of
the policy of selling such lands began in 1850, the argument being to
make them a source of revenue. The policy of leaving the mineral land
open for private exploration and development prevailed, and remained
the rule until 1866. The uncertainty of titles, etc., was urged in
1865-6, as reason for a change. Under legislation preceding that date,
no title could be or was conferred to mining claims, beyond possessory
rights, maintained by working and payment of a small royalty. Citizens
of the United States might explore and occupy under regulations as
prescribed by law. In the absence of congressional enactment, local
legislation was authorized to provide necessary rules; the local
customs and district rules not in conflict with the United States laws
were also recognized. The law was, in reality, a license only to go
upon the mineral-bearing portions of the public domain. Ownership,
however, attached to the minerals extracted, and the government had no
claim to them, except so far as royalty or license fees were concerned.