The Montana post., 1868-12-18

reason shat il the law of 1886 does de .JactO
and de jHre give an inalienable title.
all the other propositions of the edito-
rial follow IS matter OF course. L
hold, then, that the law does not give
inalienable title except to patentees In
this regard | quote from Gregory 1ale's
Mining Claims and Water Rights p.
500. In commenting on the first section
OF the act he makes use of the follow
ing language;
"This section confers no title to mining
claims other than possessory rights.
Ii confeTs a right of occupation and appro-
priation without charge, of all minerals, ores
and metals dug from the placers or beds of
Ure or raised by vein mining. It Is mere
license by the Government TO go upon the
public domain and search for minerals, metal
iiferous or non-metalllterous, and aPpropri-
ate them 1t becomes i'm
portant, therefore, TO know what the extent
or legal effect of this license Is. In the first
place. 1t may be revoked at any time by Con-
gress by n simple repeal of the law and the
right would end. Unlike a presumption claim,
which gives precedence to purchase, no equity
attaches upon the entry, with an Intention TO
improve and purchase, and as expounded In
this State (CalifOrnia) without an actual pur-
chase No estate Il grant
ed by the act in the land, the minerals IN
the land, by this license, of any certain or
detsTminate tenure, as In the case OF lease
But the grantee of such
a license from the Government can maintain
an action for the possession of his claim
In other respects the common law
rules, applicable TO licenses TO dig ore, must
govern these claims, and be interpreted as
such an authority as excuses trespass and
which regards rather the act itself than It's
connection with the land, or that merely
amounts To a bare permission or dispensation
TO do or suffer certain temporary acts and
gives n real beneficial interest In the land.
Ibis license Is in the nature of tenancy at
will, Tevokable at pleasure and, until an entry
and purchase of a lode claim, Is applicable TO
all the privileges granted under this act"
Now, if the above be sound opin-
ion. what becemes of the miners ''ina~
iienable right - How does the present
law secure him?
The instructions of the Commissioner,
it is true, do not render it obligatory on
the mine owner TO apply for patent.
That il was supposed TO be his interest
10 do so is evident. Ii he applies, and
succeeds IN his application, lie is secure,
as against the Government; If he does
not, he is merely legalized trespasser,
aud tLat legalization may be withiraw
at will-in the game manner as private
roads may be opened and closed again,
at the option OF the owner in Zee OF the
soil. Hence, if the Government chooses
10 alter or amend the law this option
may be Withdrawn, and no real advan-
tage accrues from the law, as IL now
stands.
Moreover, section permits any local
Legislature of any State or Territory to
provide for working mines. involving
easements, drainage, aud other neces-
sary means 10 their complete develop
ment. This slili further proves that
the miners rules, etc, must give way 10
legislative enactWrnts, and that any
Legislature Is empowered 10 enforce
work or representation, even on the
quarts lodes
Indeed. the whole scope nf the law is
nothing more than TO say 10 the miners,
Pick out from amongst yourselves such
persons as have the best right TO re-
csive "a patent" The law does not give
utle any further.
Again, you seem. in my judgment. 20
throw too much blame on thc Cpumis~
siousr of the General Land Office. The
law allows a patent To issue (Sec y af-
ter the expenditure of labor To the value
OF one thousand dollars, and compliance
with local ussgcs. providing there bee no
controversy or opposing claimants.
Now. how often will such state OF
affairs happen? The law provides no
lime for making au issue on the objec-
tiOns, and stays all proceedings as soon
as, either rightfuly or wTougiuiy, the
least objection be made. Ii is the opin-
ion of persons best acquainted with the
iormalities of the General Land Office
that it is the law itself and not the
Commissioner, which impedes the issu-
ance of patents. IL is evident, however,
that the people in authority are not
well informed in regard to mines and
mining. and hence their inability To is
sue instructions. which shall both CONS
ply with the text ot the law, and also
meet the needs of the local rules and
customs.
have written the above in an hum
BILE endeavor to warn our miners of
their danger, as l apprehend it, and to
impress upon them the necessity of ta-
king steps 10 finally settle the whole
matter. | must again respectfully sub
NIT that / see no better means of doing
so than by a regularly organized Gov>
erument Commission.
| have the honor to remain
Your ob't serv't,
w. 5. KEY YES, NJ. +.
II