The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-01-22
MINERAL LANDS.
What an Old Prospeetor Thinks
OF the Proposed New Law.

On the 18th inst. THE CALL published
F." ashlngton dispatch stating that Repre-
sentative Carter of Montana, from the Com
lhitiee on Mines and Mining, had reported
10 the House, with amendments, the Senate
pi,l 10 cure defects in the existing law with
RELATION to mineral lands, etc, one particu-
iar clause of which is so ambiguous as 10
cal forth comment from those who are at
al FAMILIAR with the uncertainties of pros
peetlng Tor precious metals. The clause re-
ienfeu TO, after designating what mineral
iahas snail consist Of, says: Cor other ma
tul.a af bearing metal in quantity sufficient TO
Justly any reasonable person in expanding
i nnrisiy OF labor thereon" In order 70 as
cetsaIn the views of one perfectly familiar
WIN all OF The ms and outs Of a pruspeetors
ne representative of THE CALL raid
WISH TO MIR. W. l.. Watts, an experienced
pIospector for precious metals on this coast,
anu alter reading the dispatch he gave his
opIhiOh IN tie following language:
IN most respects it must strike the aver
aye mining man as q most excellent bill, yet
tHeIe Is one clause which must fill the mind
oI the pfoSpector with forebOdlDg. 1t Is
,llS, namely: the clause defining mineral
lands, as LANDS containing lodes or rock in
piace OF bearing gold, silver. cinnabar or
0ther valuable metals, or other material
, peariile metal an quantity sufficient to Jus
wy uhy reasonable person IN erpendtn9
~ 'UOOf tHtTeUU. Ii Is d Wtli-hHO"h
laet mat there are large tracts of country
that are excluded from the certain grants,
pecause the DIted States has set 1t apart as
silnerai land on account Of the geological
1oiIhdtioh being such as mineral veins usu-
any occur IN, and IL being found that they
uo occur on such mineral land. and 1t Is left
70 tHe prospector to take chances in develop
ny the mineral veins in order to ind out
whether they are of
ANY COMMERCIAL VALUE,
Although at the outset, and perhaps until
mucn labor has been bestowed upon it, the
ioue mas shown no metal IN such quantities
ln maj the parties Interested would have any
uIncuity IN presenting evidence that the
quantl OF metal in sight at that particular
lolnt was not in sufficient quantity to
Jusllly any reasonable person III expanding
money or labor upon it." 1t would be in
vain for tue prospector to contend that there
Were Groupings of mineral vein occurring
uhuer similar geological conditions to those
OF other places where valuable mineral
bearing VEN had been discovered, and that
ne believed that by further prospecting the
ituse valuable deposits OF metal would be
found.
The parties interested and their experts
would contend, no matter what the posi-
DHitles or probabilities may be, we adhere
10 the strict letter of the law that at the
present time there is no metal IN quantities
sulhcient to justify any reasonable person
III eXpendlng money or labor thereon" in
slSnt In that particular quarter section, and
Weclalm II as non-mineral land. 1t would even
De IN vain Tor the pToSpector to contend that
on either side of the quarter section in dis
pute were mines which were situated upon
mineral vein, the strike at which points
conceded, and that therefore the general
course OF the vein evidently lay through the
DISPUTED TERRITORY,
Although all Groupings of misunderstanding
vein matter DIight have been removed by
superficial erosion or buried beneath &C
foundations of disntegrated rock and allu-
vial soil. He might even have located his
prospect workings in Gaping of barren or
nearly barren vein matter evidently upon
the strike Of vein which upon either side
OF the territory in dispute showed valuable
deposits OF mineral, and yet the parties most
interested would contend that although the
yeia matter might show traces of metal,
there was no evidence that upon that par
ticular half or quarter section, as the case
might be, metal existed !" in sufficient guam
titles to Justify a reasonable person In eX-
pending money or labor thereon"
II is an accepted scientific fact that the
waters which In many instances deposited
the vein matter held the valuable metals the
vein stone contains i'll solution, and that the
deposition OF those metals was regulated by
their relative solubility III the aqueous MEN,
struum, and the temperatures and preSSures
TO which the solution was subjected. modl-
fled by the physical causes incidental to the
temperatures and pressureS and physical
conditions TO which the Withdrawing sulu-
tions were subjected may have
VARIED GREATLY
At different points anu depths within COM
paratiyely small area, the cratic deposition
of minerals ceases 10 bel matter OF surprise;
anE il follows that barren or comparatively
BARREN vein matter Is quite Likely to exist IN
close proximity to valuable mineral deposits,
which san only be discovered by diligent
prospecting anu Developments This is borne
out to marked degree by observations on
the quicksilver deposits of the Coast Range.
The prospector has beeu accustomed to re-
gaTd as his rights the privilege OF taking his
chances wherever he saw indications; or to
put it more scientifically, wherever he saw
| rock similar to that which in other places
bore valuable minerals, occurring under
similar geological conditions.
Moreover, mining and metallurgical
science 10 rapidly progressing Ores which
few years ago certainly would not have
contained metal in sufficient quantities to
warrant any reasonable person expanding
money or labor upon them" to-day can be
worked to profit, and for those reasons
alone lands which the bill in question might
define as Don-mineral lands might in few
years be of the highest mineral value.
Moreover, there are many cases in which
other features than the fact of having rock
in place, showing metal in sufficient GUAM
titles TO justify
a REASONABLE PERSON
In expanding money or labor thereon, ought
to entltle the miner to claim the land AS
mineral, as against those who held land
| grant and had, perhaps, sold the territory in
| dispute to cattemen subject to their
swearing the mineral off the land" as it is
| termed.
For instance, supp5sing A opens mine
| upon mountain, close to certain lan0 10
| which parties would be entitled under a
| grant were 1t not that the United States had
| set 1t apart rs mineral land. A, finding it
| necessary TO run lower levels into his mine.
| locates certain Groupings of very low-grade
| ore upon the territory covered by a
| grant. line interested party brings anv
| number OF experts To swear that upon
| the territory covered by their grant there is
| no metal in sufficient quantities to Justify
| any reasonable person eXpending money or
| labor thereon. A has rot done sufficient
| work upon the territory in dispute even to
| prove whether or not the Groupings of very
| loWgrade ore be originally located upon the
| said territory would develop any valuable
| deposits of mineral, and what can the Ex-
| ecuilve Department DO but declare it
| non-mlneral land, for does not the law de-
| fine mineral land as only that clearing
metal III sufficient quantity To justify any
! reasonable person expanding money or
| labor thereon" Looked at from any point
| OF view the wording metal in sufficient
| quantities to justify any reasonable person
| in expending money or labor thereon is
| vague.~ and throws onus of proof ON the
| prospectUr or miner instead Of upon the
| parties wishing to swear the mineral off
| the land" Hitherto the question of mineral