Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1894-06-16
MINING AND RANcH1No,

The following communication from
the able pen of fellow townsman.
touching upon a subject which has
hitherto been given little If any atten-
ton by the press Of the Hills, lie publish
ed for the information Of local readers
having special interest in the subject
treated:
CUSTER CRY, June IA, 1894.
EDITOR CHRoNIcLE With your kind
permission / would like to say a few
words upon a subject which has been
seldom touched upon, and one which it
seems is not sufficiently understood. 1
mean the relationship between our
miners and the ranchnen which occupy
and cultivate the little valleys which
are so beautifully interspersed through
our mine. al district. There is class,
mostly new comers, who have settled
upon these lands, who seem TO think
that they are under the same law WHICH
| regulated their settlement ia the agri
cultural sections in the eastern part OF
the state. 1t is to this class Of our citi-
gems this letter is mainly addressed
They seem to have the idea that to
settle upon these lands, and to fence
them in, is all sufficient to give them
title, or at least possessory right over
all others. They do not stop to ask any
questions, or to inform themselves
whether the land has been already
located either for placer or quartz, by
miners in the district, but they hasten
to put fence around it and then they
think it is theirs. This is a vain delu-
sion, and liable TO lead them into much !
trouble and damaging expense. They
should learn that they are now living in
a mining district, subject to the laws
regulating mineral, and that miners
rights, and miners claims take prece-
dence over all others.
AS one instance among the many, two |
friends of mine, old time miners and |
prospectors, having located some very |
promising quartz claims, and also a
placer claim on mineral belt crossing |
the Lame johnny creek on these claims,
the boys have done the legal work re-
quired, and the property is in no wise
abandoned. To their great surprise
they found upon going to their claims,
that they were enclosed with a good |
and substantial fence. They called |
upon the settler and found him to al
appearances nice old gentleman who |
seemed unconscious of having done any |
harm, who in answer to their inquiry, |
why he had fenced in their claims, why, |
he said it was not enclosed. and he /
needed ii for farming, and so had fenced |
it in. That he did not intend to inter. |
fere with them in their mining, and il
they wanted to dig he would give them |
permission to dig TO their hearts con-
tent, but he claimed ownership to the
land, because he had it fenced
Now, it looks as if this old gentleman
will have to learn lesson, and l fear
he will be compelled to learn IL in the
court where it is liable TO be expensive,
for if brought into conrt the judge under
the law would be compelled to order the
fence and all of the Improvements taken
down, and removed from that land. He
must learn that il is unlawful TO fence
in miners claim without his permis-
sion. He must learn that he can lay no
claim to land save under the mining
laws, and by fulfilling the requirements
of those laws.
Again, another ranchman fenced in
miners quartz claims where they ran
from the mountain down on to the
bottom He gave as his excuse that he
had been told by lawyer that miner
could not hold under a quartz location
any ground where the vein did not
show or crop out. This ia q mistake
which he cannot correct too quickly.
He must learn that while placer claim.
until patent is acquired, only holds the
surface. that a quartz claim holds not
only the quartz veins, but all the sur
face, soil, grass timber and everything
within the boundary lines Of the claim.
OF course this knowledge is possessed
by all of those who have been in the
country any considerable length Of time.
but TO the new conner | would suggest
that, they take q little pains to post
themselves on the law before they meet
with too mnch loss. ! would say too
that hope that we have no attorney in
the Hills who for the sake of stirring up
litigation, would so prostitute his pro
fession as to give to strangers advice
which will mislead them to their injury
Mining and farming are both honorable
occupations; both should be encouraged
and fostered. There is no reason why
they should not get along well together.
Their interest do not, as a general rule,
conflict. The ranchmen's cattle and
horses range over the miners claims
without hindrancc, and that is a great
advantage to the ranchmen. but he
should learn that he must not fence in
another mans ground without his per-
\ uaissian Yours