The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1883-01-17

!. MINING ug11R10TS.
It N 10 be hoped that TIE Legisla-
ture win soon Be In working coodj.
: tiou aud do something, - was sug.
gested some time ago, In the Interest
II mining. lliness do not ask foe
= protection; they are mt protecttonisls,
but only ask that the industry in
which they are engaged nay have .
chance. lp the early history Of quartz
mining In this Territory development
was handicap ed By . Territorial en-
actn,ent, allowing men to hoad valua-
be quartz property By record title.
, Our quartz interests might have teen
stagnating to this day bat lor the law
Of Congress Of 1877, which compelled
claimants to quarts property Ia do .
j. certain amount Of work thereon an
nually. The wisdom Of this law was
seen and appreciated from the day Of
w pvs
TIE old Territorial law stood o.
the statute hooks under the plea that
It was . protection to poor nsen who
might not be 10 . position to develop
their property, and that Il would be
unjust to inquire Of them impossilili-
ties. There never was . more absurd
claim. The law was pn the Interest
Of n,onopo,ists and speculation, who
desired 70 hold on 70 and cell proper |
~ that he'd nat been enhanced In
value one dollar by any exertion on
their part. 1t was On Outrage ON the !
poor man, who was shut out from
employment and the opportunity Of
taking up property that be Was will
Ing to develop with his labor. 1t was
IN Outrage on the farmer and bs.si-
ness man, whose field for the sale NJ
productions and trausaction Of busi-
ne8 was circunlscribesi by legkla-
tive embargO'in the interests Of mo-
Dopollsts.
In the light " the pest should We
shape our policy for the future. The
cry comes up from Nevada aud other
bsllion-producing countries that
their industries are languishing fro,c
. want II confidence. Outside capt. 4,
tai went In at the period Of mining
boons, and there It lies unprolucsive
to the investOss and 10 the men who 4
settled and Improved property In the q
neighboshood. Much Of this mining {
property. IL free and unineumLered, c
would be adding To the wealth and Z
industries Ct the country. We must .
cease to rely ON development l,y for 9
eisn capital. and rely upon ourselves; 4
aud when We show that We have q
In our own proper n
ties thln will We begin to o
restore confidence In ~ with the V
world. n
TO bring about these desirable results Il
here must be = thorough revision az %
our law Of corporations. When men q,
get money mo mining stocks there Il
must b some way devised that It 81
hall nat forever remain dead capt. IL
'al to them and buried wealth TO the b,
In which It b situated. h
Mining stocks must be made a,sessi- 1t
Ne. We must 90 even further, dis n,
artling the absolute private property en-
heosy and adopting the community h
{ Interest theory In regard 10 n,iu- oa
~ property. and allow . minority ~ le,
be stock to lay assessments. Majority m
say 10 the minority III "
Oh don't like the way things are
10 you can sell out" Privileges Of
like kind should Lc accorded to
,inorities. This will lie no inpova-
'On upon the established principle Of an
W In regarl to property rights, ~
ne paramount rights of the public IN
yer oil property are that ITS tenure Ia
hall not be antagonistic To the public ~
ntereat. Wen who have made ex- u
ensive investments In business in OF
to mining properties have al
lights too sacred to be disrrgarled, 81
hat such psUperties shall not be no an
~ to ruin them. tn
The paramount rights Of the public IL
yer these matters invests the legis- III
tive authority with full power to IA
npose ulp"n them such regulations m'
will advance the public good. Of
Vhen the law III ls.::: was passed the o.
y was raisssi that there had l,een vi
n invasion ri vested rights. aud tn
Int individual right to property had a'a
'en destroyed. 4 more correct legal tee
atement Of the effect " this law I'a
ossDd have l'een that rules anil rrxu- Il"
t'Ons affecting the tenure tn mining iul
'Operty had lw,en established. The mn
legislature cannot destroy a night, to
It II may vary the Conditions f,r ma
enjoyment: II cannot deny an en-. NJ
rcenSent, but It can change the ha'
inetiy. 1t h clearly within the pro- go'
nee ~ legislative authority to make an
les affecting the tenure even to pie
tented mines. such an extrrnse sin
ercise 81 legislative authority h not JET
and b only mentioned "A IT,"
indication ri the )n,wer Of the Leg fen
allure to relieve this Industry from %u.,
y stagnatt"n that may settle upon -
mil
The bill which passed the Senate -"
d b now pending In the House, ''"'
fhOrizes the President to no innate io'
d with the atlvire and cOnsent Of ~
SENATE reapls'int Fitx John Por- ~
, late Major General of United -.
ates Holun.e crs and Brevet Briga- Ne
r General aud Colonel Of the !"