David Josiah Brewer

“ Near its close is this, as to the patent: 'If no adverse claim shall have been filed with the register and the receiver of the proper land office at the expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a patent upon the payment to the proper officer of five dollars per acre, and that no adverse claim exists.' In other words, when the price is paid the right to a patent immediately arises. If not issue at once, it is because the magnitude of the business in the land department causes delay. ”

“ The first, being an absolute grant by purchase and patent without condition, is not defeasible, while the second, being a mere right of possession and enjoyment of profits without purchase and upon condition, may be defeated at any time by the failure of the party in possession to comply with the condition, viz., to perform the labor or make the annual improvements required by the statute. ”

“ Its scope and purport are expressed in the opening words, as follows: 'The miners of each mining district may make regulations not in conflict with the laws of the United States or with the laws of the state or territory in which the district is situated, governing the location, manner of recording, amount of work necessary to hold possession of a mining claim, subject to the following requirements;' and then follow several provisions in the nature of limitations on the general authority thus given to miners. ”