The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1880-06-01
CONCERNING LODE LOCATIONS.

In the review already made of the new
mining bill, published in yesterdays MINER,
we have by no means pointed out all the OBJ:
jectionable tendencies of the proposed enact
ment. That the bill itself would introduce
confusion ; give occasion to boundless litiga-
ton establish a ground work upon which
Fraud could gain a footing for the successful
operation of his plans, we think we have
sufficiently shown. There remains, though
the innocent provision relating to the location
Of prospecting claims - to be considered.
Hitherto the principle at the bottom of our
mining legislation has deem democratic in the
better sense of that much abused word, DEM
ocratic not in representing the principles of
any particular party but in being so con-
stlluted that its aim and scope has ever been
towards securing the greatest good of the
greatest number. The benefits conferred by
it have been conferred in such u manner that
their enjoyment has been as a birthright shar-
ed by the people generally, without distinc-
ton of class, instead of an inheritance set
apart for the special benefit of a select few.
But the new law will change all that. Under
its operation mineral lodes will no longer ex-
list as prizes to fall to the share of those whose
skill, enterprise or good luck may prove equal
to their discovery. This was the old order OF
things. The new renders possible, yes, not
only possible but it renders certain the estab-
lishment of a monopoly in mineral lands, a
monopoly to be controlled and enjoyed by the
monied class exclusively. To make a lode
location under the old law, it is necessary
first to find a lode containing mineral, thento
find one wall of that lode. No matter how
strong may be the presumption that any gwen
piece of ground contains the "extension" OF
a ledge making towards it, wherever visible.
that piece of ground remains unclaimed
and open to location until the discov-
cry Of ore and wall is actually made
This excellent provision has the effect
of holding back and keeping open for pre-
emption lands in which rich mineral lodes
are believed TO exist. So long as the lodes
remain undiscovered, the land must remain
unclaimed, and rich and poor enjoy an equal
chance in the lottery of mining. Blu under
the proposed law III case of any great strike
the whole surrounding country would be i'm
mediately taken up as prospecting claims.
Those claims would speedily g~ravitate into
the hands of men able to stand the annual
tax of 5000 per year OIL their representation,
so with the proposed change in our mining law
will depal1 20 4 very great extent, the poor
mans chancn If "%riking it in the mines.
This new mining bill is Of a piece with all
other schemes lately started up by Eastern
men witt regard to the mining and grazing
regions of the West. Their upidiLy has been
aroused at the spectacle of such vast stretches
of valuable mineral and grazing lands upon
which monopoly has not yet been able to fas-
ell its clutches, and to enable it , to do is the
object they have in view. The clause relating
to prospecting claims does not at all depend
upon the applicability or non-applicabllity OF
the square location to any given section. II
enacted at all it will be a general law, to OBJ,
tain over all mineral lands of the United
States. For this reason the protest against il
should be all the mole vigorous.