Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1895-08-02
THE NEW MINING Law.
1t Might be More appropriately
Termed ain 1fcf to EucOnr-
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.ANGEvILLF. IDAHO.

age Mining LitiOatiOn."
When representative Rowton
sent us last winter a printed copy
of the Wyman Mining Bill, as re-
ported from the committee to the
House, we were so impressed with
it's cruditics and many defects that
in company with S. w. Smith, of
Elk City, we sat up nearly all of
one night and jointly drafted sew
eral amendments designed to i'm
prove the law, and make it clear,
comprehensive, easily understood
and effective, as the attOrney-gen-
eral puts it in the subjoined letter.
These amendments we forwarded
to Mr.. Rowton, requesting him to
introduce them to the committee
having the bill in charge. The
letter of the encouragement indi-
Gates that this was done, but that
the intelligent committee simply
paid no attention to anything or
anybody but stubbornly stuck tc
the text of the bill as originally
reported. The subject of mining
legislation was new to Mr.. Rowton
and he was unable to present it,
and so the bill passed the House
and finally became the law almost
without dissent. AS a result, the
law is a farce and fraud, and seems
designed more to encourage litiga
ton, promote business for mining
lawyers and to harass legitimate
mining men and mining invest
ments, rather than to simplify the
mining code of the State.
Under the present law locators
of 100 acre placer tracts are re-
quired to sink a ten-foOt shaft on
each and every 20 acres! This is
not only an imbecile provision per
sc, but it nullifies the mining laws
of the United States. Ten foot
holes must also be sunk, or tunnel
driven, on each and every quartz
location. The locator is allowed
no discretion in the matter of de-
veloping his claim by adapting his
work on his claim to its topograph-
ical or geologic features. AS a re-
suit, 80 per cent. of the work re-
quired to be done on locations made
under the new law is time, money
and labor thrown away. One of
the points contended for in our
proposed amendments was that
contiguous locators on the same
lode should be permitted to con-
solidate their work for the joint
development of their several claims
if they so desired. This, and that
other general principle of mining
law, that work may be done off the
claim, if done for the development
of the claim, has been brushed
aside and ignored, and each locator
must now sink his shaft or drive
his tunnel according to the hard
and fast rules prescribed by our
legislative sOlons, rather than to
let the locator do his work where
it will promote the development
and best interests of the claim.
The intent of the law to prevent
the location of lode and placer
claims for speculative purposes is
righteous enough but it is evident
that the father of the bill knew
nothing whatever of the practical
exigencies of the situation.
Litigation is bound to spring
from it, as the blackmailers, blood
suckers and claim-jumpers who
infest every camp as soon as its
claims have "a value, will take ad-
vantage of the obvious impossible
ty of complying with the requir'
ments of the new law to harass
owners of valuable ground into
expensive litigation, or else extort
ing blood-money to buy them off
The farmers of Camas Prairie may
think that all this does not affec
them; but when they have to foo
the bills for long terms of cour
wholly given up to mining litiga
ton they will find that they hav'
a very substantial interest in til,
matter, and also in seeing tina
their Legislators do justice to legit
innate mining interests. Up her
in Idaho county we do not feel tn
evil effects of the new law so sc
verely as other counties, becaus
we have not reached that stage G
mining development where mine
located under the new law ar
worth contending for;but neverthe
less the law is a distinct detrimen
and menace to the mining interest
of this young State, and it canno
be too soon modified in the parti(
ulars herein pointed out.
We append herewith letter o
this subject which will be rea
with interest by our mining col
stituency.
ATTORNEY GENERALS OFFICE,
BOISE CITY, IDAHO.
June 81, 1895.
MEssRs. HEPPNER < RICHARDSON,
Clearwater Post Office,
Idaho Co., Idah,