(Current as of September 2013)
Resolved 1st: “In all the proceedings of this mining district, no person shall be deprived of the right to due process of law”. (Constitution for the United States)
Resolved 2nd: “In all contests, arbitration and hearings, the official book of the Galice Mining District shall serve as prima facie evidence that all protocol and all local rules, regulations, customs and laws are currently in force and must be observed.” (Jupiter Mining Co. v. Bodie Consolidated Mining Co.; Campbell v. Rankin, Flaherty v. Gwinn)
Resolved 3rd: “The clerk of each county inside the jurisdiction of the mining district shall be notified in writing by the recorder of any changes made to the local laws, rules and regulations of this mining district.” (Mining Laws of the Campbell Mining District, Oregon. December 1871. Mining Laws of Louse Creek, Oregon. February 1872)
Resolved 4th: “An attack on the rights of any miner in the Galice Mining District, shall be considered to be an attack on the rights of every miner in the district. The Galice Mining District, its officials and every miner in the district have a morale obligation to defend the rights of his/her fellow miner and come to his/her aid. Any miner in the district may request that the Galice Mining District, its officials and the miners within this mining district come to his/her aid.”
Resolved 5th: “In no way, shall the Galice Mining District force its will upon the lawful authority and lawful jurisdiction of another organized mining district which is inside of its boundaries, that is either currently existing, or that may be organized in the future. Therefore, neither shall the laws, customs, nor local regulations of another mining district be thrust upon the Galice Mining District, its officials or the miners in this district, without said laws, customs or regulations being first adopted by this mining district in a manner outlined in its official protocol.”
Resolved 6th: “All matters
pertaining to valuable mineral deposits (as described in the Acts of 1866,
1870 and 1872), that occur within the lines of the boundaries of the Galice
Mining District, are the sole jurisdiction of said mining district. All
notices of liens on mining properties, grub-staking contracts and notices
of civil and criminal complaints pertaining to mining properties, shall
be filed with the Recorder of the Galice Mining District.”
Resolved 7th: “No miner in this district shall lose his mineral property by illness or legal inability to perform work.” (Mining Laws of Kane Creek, Oregon, November 1860; Mining Laws of Coyote Creek, Oregon. August 1867; Mining Laws of Johnson Creek, Oregon, June 1879)
Resolved 8th: “All mineral locations, regardless of type, shall be posted with at least one location notice in a conspicuous place and shall be recorded in the record book by the Recorder of the Mining District. The recorder shall receive a fee of $5.00 for each location recorded which is to be submitted to the treasury of this district.” ( Mining Laws of Union Town, Oregon. July 1870; Mining Laws of Boulder Mining District, Oregon Sept. 1871; Mining Laws of West Cow Creek, Oregon July 1879; Mining Laws of South Fork Mining District, Oregon November 1880)
Resolved 9th: “No person may enter upon the placer location of another for the purpose of locating a lode or tunnel site without the consent of the existing location holder.” (Sec. 3, Act of 1872, Clipper Mining Co. v. Eli Mining & Land Co. (194 US 220), United States v. 237,500 ACRES OF LAND, MORE OR LESS, IN the COUNTIES OF INYO AND KERN, State of CALIFORNIA, etc., et al.,(278 F2d 584))
Resolved 10th: “Where lodes or tunnel sites are located within a placer location, the owners of said lode shall be entitled to use of the surface within the lines of their lode, as well as to the right of way for ditches and for ingress/egress across the placer location, as is incident to the working and occupation of their location.” (Act of 1872)
Resolved 11th: “All locations in this mining district must be worked in order to hold them, except in cases of illness or a deprivation of ingress.”
Resolved 12th: “Abandoned tailings, ore dumps and other material that may contain valuable minerals are the property of whomever relocates the land upon which they are situated.” (Rogers v. Cooney, Chessman v. Hale, Woodruff v. North Bloomfield Gavel Mining Co.)
Resolved 13th: “All locations shall be distinctly marked by notices at the ends of bounds thereof and no more ground shall be deemed claimed than is specified in the notice.” - Mining Laws of John Day District, Oregon, June 1862
Resolved 14th: “Any improvements
and mining incident tools which have been left abandoned by the previous
owner for more than 30 days and are affixed to the soil or installed in
a mining structure in some way are considered to be fixtures and become
the property of any subsequent locator.” (Merritt v. Judd; Arnold
v. Goldfield Third Chance Mining Co.)
Resolved 15th: “The oldest location shall have the first rights to the water when it must be shared, but shall use no water unnecessarily for the sake of depriving others”. (Mining Laws of Humbug Creek, Oregon, March 1860. Mining Laws of Steam Boat District, Oregon. April 1869)
Resolved 16th: “No person or company shall divert or store water to the injury or detriment of a neighboring location.” (Act of 1866. Mining Laws of Poorman's Creek and Jackass Creek, Oregon. February 1876. Carson v. Hayes 1902 )
Resolved 17th: “No tailings or debris may be thrown upon the location of another without their consent.” (Act of 1866. Mining Laws of Boardman's Diggings, Oregon. April 1867. Carson v. Hayes 1902)
Resolved 18th: “All tailings
and other debris thrown upon a neighboring location shall be removed by
the owners of the location that put them there if they prove a detriment.”
(Act of 1866. Mining Laws of Wines Camp, Oregon, March 1867. Carson v.
Resolved 19th: “That all disputes arising from mining locations shall be settled within the Mining District, and the decision shall be final.” (Mining Law of the Miners of Althouse and Waldo Districts, Oregon, April 1852)
Resolved 20th: “All proceedings
of contested locations shall be judged by the Law of Possession and the
local customs and regulations of the mining district.” (Act of 1872)
Resolved 21st:“When mining on unappropriated waterways, no person shall encroach upon the current workings of another miner without his or her consent., nor shall a miner work so close to another that his tailings or silt creates a hindrance, without his or her consent .” (Local custom)
Resolved 22nd:“When prospecting
on unappropriated waterways, no person shall remove or tamper with mining
incident tools (such as a bucket, pick or shovel) that were left by another
miner to hold his workings in pedis possessio, nor trespass on his workings
without consent.” (Local custom)
Supplemental Rules & Regulations:
Resolution 23: Any five miners in this District shall have a right to call an emergency meeting for any purpose referring to the general interest or welfare of the District. Said meetings should be held at an agreed upon public location. Monies shall not be appropriated from the treasury for such emergency meetings. (Source: Castle Dome Mining District, Arizona, December 1862; Weaver Mining District, Arizona, June 1863). Approved: August 20th, 2013
Resolution 24: The rules
and regulations of this mining district may be revised, amended or added
to upon the motion of any miner in this district at an official meeting,
followed by a successful popular vote of the miners attending said meeting.
Approved: August 20th, 2013
Structure of the Executive Committee
of the Galice Mining District
The Executive Committee of the Galice Mining District shall be elected by a majority vote of the miners within the district who are in attendance of an official meeting of this district where an election was called.
The term of office shall last one year, with new elections taking place at the August meeting of each year.
The Executive Committee of the Galice Mining District shall consist of a Chief Executive Officer, a Treasurer, a Fundraiser, a Recorder and a Sargent-At-Arms. These are elected offices who shall serve at the will of the miners within this district and who are entrusted with the duty of leading and managing the district.
August 20th, 2013
Chief Executive Officer
The Chief Executive Officer shall serve as the head of the Executive Committee and shall preside as Chairman over all proceedings of this district. In addition to leading the district, he shall serve as the official spokesperson for the Galice Mining District and lead all official meetings. The Chief Executive Officer is vested with the authority to create and to appoint approved committees within the district, as well as to delegate his authority to another officer during a temporary absence to handle the district's affairs if needed. He may also call upon the services of another officer or a miner in the district to assist him in the research/writing/publication of agendas, resolutions and other documents for the district, as well as to operate meetings. Any miner which the officer appoints to a committee or to serve as an assistant must be approved by the popular vote of the miners in this district. At the end of his term, he shall return any property, documents or other material belonging to the district to his elected successor or to a party agreed upon by the vote of the miners in the district.
Section Approved: August 20th, 2013
The Treasurer shall be responsible for the handling of all monies and shall keep an accounting of all monies and other valuables which are owned by the Galice Mining District. Said accounting shall be made available to the Executive Committee and to the miners in the district when requested. The Treasurer shall also be responsible for maintaining a budget for the district to insure that the district does not run short of funds to maintain basic operation. It shall also be the duty of the treasurer to handle the district's expenditures for its operations and he shall have the authority to appropriate and distribute or expend any funds which are to be utilized for the district's basic operating needs or to distribute or expend funds for any other expenditure which may be decided by the miners in the district by popular vote. The Treasurer shall also be responsible for insuring that the miners within the Galice Mining District have a place to meet and insure that any monies required for rental of the facilities is paid promptly. Any miner which the officer appoints to a committee or to serve as an assistant must be approved by the popular vote of the miners in this district. At the end of his term, he shall return any property, documents, monies or other material belonging to the district to his elected successor or to a party agreed upon by the vote of the miners in the district.
Section Approved: August 20th, 2013
The Fundraiser shall also oversee all fund raising efforts that the mining district conducts for the purpose of funding its operations, be it a raffle, auction or other activity; and in the case of raffles held at regular meetings, shall maintain adequate prizes are on hand to insure the continuation of the mining district's routine fund raising efforts. The Fundraiser shall turn over all monies raised by his efforts over to the Treasurer at the end of each fundraising event. The Fundraiser may call upon the services of another officer or miner to assist him with fund raising efforts. Any miner which the officer appoints to a committee or to serve as an assistant must be approved by the popular vote of the miners in this district. At the end of his term, he shall return any property, documents, monies or other material belonging to the district to his elected successor or to a party agreed upon by the vote of the miners in the district.
August 20th, 2013
The Recorder shall be responsible for maintaining a permanent record of all matters pertaining to the Galice Mining District, its history, its affairs and its activities. The Recorder shall also make a record of any mining related document which another member wishes to record, upon which shall be imprinted the seal of the Galice Mining District. There is a $5 fee to record any document pertaining to a mineral property, said monies to be appropriated into the general fund of the Galice Mining District. All records of this mining district shall be made available to the miners in this district on request. The Recorder shall also assist the Chief Executive Officer with the preparation of any documents pertaining to the mining district, not limited to the monthly agenda, and shall be responsible for the publication, printing and distribution of any district documents. Any miner which the officer appoints to a committee or to serve as an assistant must be approved by the popular vote of the miners in this district. At the end of his term, he shall return any property, documents or other material belonging to the district to his elected successor or to a party agreed upon by the vote of the miners in the district.
Section Approved: August 20th, 2013
The Sargent-at-Arms shall be responsible for the maintenance of order and security at all meetings and functions of the Galice Mining District. In addition, he shall also insure that proper protocol is followed by not only the miners in the district, but also by its officers, to insure that the rules and regulations of the Galice Mining District are adhered to. In doing so, the Sargent-at-Arms shall have the authority, to demand compliance of any Committee Member to adhere to the local rules and regulations or protocol of the mining district. In the case of a serious abuse of authority by any member of the Executive Committee that might be deemed to warrant impeachment, the Sargent-at-Arms shall have the authority, upon the approval of the miners, to take control of the meeting for the purpose of defending the rights of the miners in the district by calling for a vote to steer the district in the right course. At all times, the Sargent-at-Arms shall serve the district in a capacity that reflects the will of the miners within the district. If need be, the Sargent-at-Arms may appoint or call upon miners to assist him in his duties at any functions held by this mining district that might be deemed to require extraordinary order or security. Any miner which the officer appoints to a committee or to serve as an assistant must be approved by the popular vote of the miners in this district, except in the case of an emergency. At the end of his term, he shall return any property, documents or other material belonging to the district to his elected successor or to a party agreed upon by the vote of the miners in the district.
August 20th, 2013
Executive Protocol of the Galice Mining District
A. While all officers have the power to make appointments of other miners to committees or to delegate a miner in this district to assist them in their duties as officers, all such appointments must be approved by the popular vote of the miners within the Galice Mining District.
B. To insure that the district operates efficiently, the Executive Committee of the Galice Mining District may appropriate funds from the treasury in an amount not exceeding $100 to cover any requirements to fulfill their obligations as an officer, upon the consultation and unanimous consent of the entire committee. When expenditures or funds are requested of the treasury, it shall be the duty of the Treasurer to consult with the entire body of the committee and to make a record that the expenditure was approved. While such consultation need not be done in person (ie. he may phone the other officers for consent), at the first opportunity, the Treasurer shall have the committee members issue their signature upon the particular record of expenditure to validate that it was indeed approved. Such appropriations made by the Executive Committee are to be utilized for such necessities that are deemed to be absolutely essential for the basic operation of the district. These types of necessities would include, but may not necessarily be limited to printer ink, stationary, the rental of the meeting hall, silver bullion or other inexpensive items for the monthly raffle at the next meeting, website fees, document duplication fees and any recurring expenses previously approved by the miners in the district. All other expenditures (even if under $100) shall require the approval of the miners within the Galice Mining District by popular vote.
Section Approved: August