Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1879-12-23

The New York American Exchange SAYS
that the important and permanent position
which the mining interest is taking among
the prominent industries of the country
calls for the removal Of every obstacle
which retards its advancement or threatens
its existence. A most serious embarrass-
ment which impedes the progress Of this
industry is caused by the incomplete and,
in some cases, unjust laws which govern
the location Of mining claims and the or
ganizstion and government Of mining
companies. The National laws are in .
very unsatisfactory condition, and their
modification cannot be too soon attempted.
Partly from the fault Of the laws them
selves, and partly from the failure Of mine
owners to comply with them, there are
constantly springing up vexatious suits
and Understandable conflicts concerning
mining claims. Litigation has long been
the bane of mining enterprises, and aside
from wild speculation, has done more TO
retard the development OF this industry
than anything yet discovered in connection
with mining.
The evils Of litigation are magniied by
the fact that it is only when a mine be-
comes q valuable property, and its devel-
opment has been so far advanced as to
make Its value assured. that litigation
steps in and destroys the hopes Of the
stockholders Of realizing some return for
the money and labor which they have ex-
pended. 1t is unfortunate that the laws
do not provide some means whereby
mine owners may be freed from the con-
slant dread Of "a prior claims" As mat
tiers now are, titles to mining properties
are in even . more precarious condition
than titles to real estate in this city. Of
which it has been said that not more than
mi in . thousand are absolutely good,
and without . flaw. Prior claims are
the ignis fatuus Of every mining camp,
aud where the most valuable mines are
located, litigation Is apt to flourish most
persistently. These claims are mostly dc-
titious. mostly without merit. aud all ought,
to be illegal. But no matter how greatly
they may be lacking in justice, they serve
to tie up valuable property for along time.
and to impose great expense and vexation
upon innocent parties.
No sooner does . mine give evidence of
possessing wealth. than the owners are be-
seiged with claimants, all demanding .
share OF the respective profits, or an i'm
mediate payment in cash. A refusal 10
comply with such demands, which in most
cases are o~utrageously extortionate, draws
down upon the prosecuted owners an ava
lanehe OF litigation, which rolls up the ex-
penses more rapidly than the dead work OF
opening the mine. This has been . chap
ter in the history Of nearly every mine Of
prominence that has ever been. developed
on the Pacific coast No remeSs has vet
provided for checking this evil. and
no one purchasing . mine. even although
he has the most positive proofs Of . clear
title, can feel assured hat . long and ex-
IffDStrRn ill 80
the moment that be has put his prou-srty
upon q paying basis.
While il Is, perhaps, impossible for Con-
Eress 70 devise . method by which conflicts
OF claims will be entirely prevented. vet
there il no obstacle in the way Of Congress
enacting laws which will, in . great meas
ure, do away with the system Of f~oisting
false claims upon mine owners, which now
prevails 70 an alarming and dangerous Ak !
tent II can also provide . way for the |
Of such conflicts, which NAV
honestly occur within . reasonable time
and without the excessive expense which |
litigation now involves.
The laws Of the several States relating |
TO mining Interpretations are also sadly In
need o revising. Particularly is this the |
case in New York The laws under which |
mining companies organized in this State
arg woSkinS are incomplete. and fail to
answer the purpose for which they were
The most Of them we're created |
years ago. when no foresaw the promi- |
nenee which mining enterprises would
assume in this State- They we're the pro-
duet Of general legislation, and we're meant |
10 spplya - much 30 manufacturing q min
ing companies. The immense amount Of
capital which New York 10 now putting |
into the mines Of Colorado. NeyAdA, Arr !
rona. California and other mining regions.
demands some special legislation which
vii insure il proper protection While
there are some features in the existing laws
sho1ld be retained in n laws that
may hereafter be enacted. no one viii aues-
ton that there are some changes which
might be probably made. and thas they
should be supplied by the Legislature a
the earliest practicable moment