The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-14

his associates were the owners BY Iur-
chase Of II claims in the Monarch min
ing district. in Colora 10. The owners
were all non-residen.s. blu. hid a SUI
perintendent. whom they paid $1,000
with which TO do the annual labor on
the L claims. At the enl OF the wear
two CT these claims We're relo ..tte1. or
Jumped. by the grantors IF 3uimby.
on the ground that 500 had rot been
expended upon them as the Law re-
quired. On the trials of viii n there
were three. it appeared by Eoyd's own
witnesses that the value Of he work
performed. inclusive of the tools used.
was less than $50 in each case. AID yet
the court held that the law had been
complied with by the payment of the
money to the superintendent. The fore
going are only two of the PRINCIPAL
questions that have arisen and been
adjudicated. There are many others.
which want OF space prevents consider
ing in this article.
AS a general proposition this is true.
that no man finds a good mine in the
states without having from one to any
number of lawsuits on his hands, which
means the expenditure of a great deal
of money, the consumption of years of
time and no end of worry. The case
mentioned of Body VS.. Quinby took
eight years from the time of its COM
mencement until its final determination
in the United States supreme court
Let US see how different things are
in Mexico. A pertenencia. as mining
claim is called, consists of one hectare
t2-41 acres) or a square of 100 meters on
each side Ia meter consists of 1927
inches)- That is 10 say. il takes about
four Mexican mining claims to make
one full-sized claim in Leadville. viz:
500 by 1.5G0 feet. Smaller claims called
n 1af r,,ac 10 Ia
nounced. A announcement meaning
making a location. When the location
OF claim has been determined upon
all possible data is obtained concerning
il before the announcement is made.
II may be an old mine which has pro-
duced millions of dollars, and yet if
the law has not been complied with
it is subject to relocation. The law
says an "inhabitant" of the republic
can explore for mineral. Nearly every
district has its mining agent and all
the prOSpector has to do is to have
the regular form of petition used in
making out a announcement. as it is
called, made out and submitted to the
mining agent of the district. If there
does not happen TO be a mining agent
in the district, the petition is presented
TO the local postmaster. The expense
of registering the petition is 81. After
registering the petition the mining
agent has 30 days in which to appoint
an expert 20 examine the property. who
has eight days in which TO reply TO the
summons. and if he accepts the service
the mining agent issues in duplicate
a document stating that the claim has
been denounced and directing Directing
parties to make known their prior
claims within period of four months
from the date of the announcement or
forfeit any right to the property.
The charge of the expert for making
a report upon the claim. together with
the plans, is about SIS per claim and
travelling expenses. These expendi-
lures are all in Mexican money, worth
As cents in the states. The expert has
60 days in which to send in his plans
and report. The notification that the
property has been denounced is pub
lished in the official journal Of the dis
trict. the cost of which varies in the
different states, from 81 10 81 being the
usual Zee.
The cost of making up d mining title
is from SO to S12 Titles, when once
granted. unless fraud is shown, are
irrevocable so long as the taxes are
paid. which are so per year on each
peTtenencia, and no work or annual
labor is necessary to hold the same.
The taxes may be paid quarterly CT
annually. at the discretion of the hold
er, to the mining agent of the district
in which the property IS denounced, or
by special arrangement they may be
paid at the office of the treasury de-
partment in the City of Mexico. After
the title is granted it must be regis
tered in the district where the de-
nOuncensnt is made. and also entered
upon the books of the stamp Office, for
which no fees are charged.
II ought to he mentioned right here
that there is no going outside of side
lines or encroaching upon your neigh
bOr's territory. You are limited 10
your meters and bounds and in case
you discover a mine upon another
mans property he still owns the sur
face. and all the discOverer is entitled
TO is the mineral under ground ana
SO much of the surface as is necessary
20 work il and for buildings and other
mining requirements, ard for which
the owner Of the ground is ccmrea-
stated by agreement, or II 10 amica5le
agreement can be reached, by arbitra-
ton.
The mining laws of Mexico are ex-
ceedingly liberal, and simple as WELL
and are contained in small pamphlet
of seventy-siX pages. AXIS inches wide,
printed in English on one page and
Spanish on the other and can easily be
carried in ones pocket. TneSe are no
complicated codes of procedure. differ
ing in different states; no bewildering
mass OF mining decisions like those
contained in ''Waliace's Reports" and
the different state and territorial re-
ports; and. more than all. there are To
jury trials in which mass of contra
dictory expert testimony too often con-
fuses men of ordinary minds, and there
are likewise no opportunities TO tempt
men by the use of money. Mining cases
are tried in Mexico before a single
Judge. and appeals lie to the supreme
courts Of the different states, and to
the federal supreme court in Mexico
To the honor of the courts in Mexico be
it said, as may also be said of the judi
ciary in the states and the United
States federal courts. they are above
reprcach. Mining litigation is quite
rare here. and il does not take long to
get final decision.
There Gre other conditions in which
the comparison is favorable to Mexico.
1t is a safe statement TO make that
there has never been q mining district
discovered in the states that did not
have its quota of claim jumpers and
bad men who teTroriZed the whole COM
munity for an indefinite period. unless
now and then strung UP by vigilantes.
In Mexico it is different. | do not mean
to say that there are none, but when
one is discovered the rurales are sent
after him with a warrant for his arrest,
and when he is captured and is en- Fouise
10 some place of confinement, if he is
really a tough character, he is stood up,
and they Just shoot him and bury him
where he falls. No questions are asked
about it, and a long and expensive
trial is avoided 1t is astonishing what
a civilizing effect this has on bad men.
Then. again. there are no miners