The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1880-03-16
SQUARE
The Disadvantages Of the Proposed New
Law fn Relation 10 the Location
u. e." OF Mines. -...gH.
virginia Chronicle

The abolition Of the present mining law.
and the substitution of a square location"
system, as proposed by the Public Land com
mission, is a radical change which hOuld not
be hastily made by Congress.
The principal argument used against the
present law is that it leads to much litigation,
but the law has been already settled by judi
cial decisions on many important points, and
if it were amended so that ~stricter regulations
were prescribed for the recording of an accu-
rate survey and marking prominently the
boundaries of claims on the ground, the bulk
of the present litigation would be avoided.
The square location scheme, so far as de-
veloped, proposes to give the discoverer of a
mineral deposit the right to $500 feet by
l 800 feet of surface ground, and the exclu-
slve right to all mineral found directly under
meath such surface ground to the center of the
earth. This would be about 50 acres of sur
face ground, or two and a half times the
amount allowed to a locator under the pres
ent law. Even this excessive width-which
would enable a few individuals to monopo-
lie a whole mimi. distrlct-would only al
low a vein which dips the same as the Com
stock to be worked TO a depth of about 1900
feet before it would pass beyond the lines of
the location. Such a law would work injur-
iously to the interests of deep mining, such as
prevails on the COmstock, and which in the
near future will prevail in all other districts
having fissure veins.
The present mining law permits a locator
to secure the government title to a mineral
bearing ledge, although he may not have
found an ore body of industrial value--only
assays or good indications and under this
law the Utah, the Bullion, the Scorpion, the
Capital, the Sullivan, and many other claims,
can secure a United States patent. And no
injustice is thereby done to any one, because
each p~atentee is only allowed to work veins
the apexes of winch fail within the lines of
his location. He is not allowed to sink
through his own ledge of uncertain value, and
work upon a valuable vein known to extend
under his claim, but under a square location
he would be allowed to do this.
1t may be said that these evils would be
avoided by granting a patent only in a case
where a body of milling ore is discovered.
This would leave such claims as the Bullion
and Utah without any secure title, and still
would not cover the case of the st. Louis and
Vivian. Both of these claims have found
large deposits of milling ore near the surface;
both are entitled to patents under any law
that can possibly be framed. Under The
present law the claims do not conflict, being
upon different locations but as the Vivian
surface location would, under the square
location rule, extend over the part of the
vein at present worked by the St. Louis COM
pany, the Vivian would now be entitled to
the st. Louis ledge as well as the Vivian
ledge. The ABOVE objections would apply
with even greater force in districts where
several lodges lie near together, although dis
tinct and separate, like Austin or Bodie.
What constitutes a ledge, for the purpose
of getting a United States palent, is now a
mooted question, though of not much practi-
cal Importance under the present law but
.-l --,- -: 80 81 ryo,,1l
become a point of vital Importance and opeli
wide the door to endless litigation. This is
:, no mere theoretical objection; it is confirmed
by practical experience under the Spanish
, law, which allows square locations.
After a mining company had courageously
ventured their means and demonstrated the
4 value of the lode, it would be manifest injus-
3 tice to allow another company to sink a shaft
I just in front of them and rob them of the
5 further fruits of their enterprise. 1t would
I be a terrible damper on mining development;
} yet a square location law would surely
encourage just this thing.
1t would be about as reasonable to apply
the common law of Coke and Littleton to all
the real estate transactions of our day as to
! apply it to mining under the changed condi-
: lions and circumstances of this coast. 1t
! might do for the first thousand feet in depth,
but now that we are able by improved ma
4 chinery to reach the depth Of 1900 or 5000,
uOtulDS Gall REACH tHc requirements y u thC
case so we'll as the system of indigenous
q growth embodied IN our present law.
Another remarkable recommendation of the
Public Land Commission is that which pro.
q poses that the adjudication of contested
mining cases be taken from the learned and
e experienced judges of our local courts, and
, from judges acquainted with the nature Of
the matter in controversy, and given to young
clerks Cat a salary of Sl25 per monthly in the
: land Office at Westinghouse is now the
j, practice with regard to agricultural entries.
- Then the unfortunate miner would experience
more than ever the blessings of delays, enor-
- nous travelling expenses, fraud and bribery,
in order that the principles OF a :. strong GEN.
trail government " might be applied to this
e as we'll as other departments Of the admins
c tration.
We shall await with great interest the ac-
ton Of our OBSERVATION-DISCLOSURES Jones
and Sharon and Representative Daggett-
4 when the square location business comes up
: for debate. Meantime the people of Nevada
should take steps to make their voices Heard.