The San Francisco call., 1897-07-28
BTALIA4IOu
FOR CANADA
The Proposed Mining Tax
Not Favored by
Miners.
Different Conclusions Arrived
at by San Francisco
Men.
They Talk of Levying Tribute on
British Miners in America to
Even Things Up.

extra tax OF D0U udJ oH nIhoilSa'i AuA'eie
in the Klondyke mines, was viewed with
distrust by some of the San Francisco
mining men.
Julian Sonntag, secretary OF the Califor-
MIA Mlners' Association, was in favor of
the United States Government using re-
talatory measures against English
miners in the United States should such
thing be done.
He said: "Of course this only gives a
part of the conference as he'd by the
Government officers at Ottawa, and until
it has been finally decided as to whether
this tax shall be imposed or not 1t would
be rather unfair to azard a decided
opinion. But, if 1t should be so decided.
then ! would be in favor of having our
Government enforce retaliatorS measures
p once.
II do not look upon this tax of $50
day as tax, but as an act of confscatio
outright. 1t means 10 keep American
miners out of Canada and out of Klon-
dyke.
IF this tax should be imposed 1 would
recommend the fifteen Western mining
States to at once instruct their Senators
and Representatives to Congress to wait
on the President and urge him to send
special message to Congress recommend
ing retailatory measures against all alien
miners in the United States"
Curtis II. Lindiey, an attorney and the
legal adviser of the Miners Association,
was less pronounced in his views than
was Mr.. Sonntag.
That the Canadian Government has the
right to impose the proposed or any other
tax on American miners within the pro-
vince boundary he had no doubt what
ever The earliest English laws, he said,
had held and hold now that all mineral
lands belong to the crown and are subject
TO such laws as the Government may see
fit to i'm pose for their preservation. The
law of the United States on the subject,
however, is quite different, and Is con-
tanned in one section, which ls as follows:
Section 2319 Of the Revised Statutes: All
valuable mineral deposits in land belonging
to the United States both surveyed and un-
surveyed, are hereby declared to be free and
open to exploration and purchase by citizens
of the United States and those who have de-
clared their in entiOn TO become such, under
regulations prescribed by law and according
to the local customs or rules of miners in the
several mining districts, so far as the same are
sppica bic and not inconsistent with the laws
of the United States.
This law was passed on May 10, 1872,
and covers all mining within the boun-
daries of the Territories and such lands a
are in the several States, in so far as
issuing patents are concerned. But once
a patent is obtained for any mine, then
the state in which it is located assumes
jurisdiction over it, and can make such
laws as its people may see fit.
Under our laws, an alien can locate q
mine and hold it until ousted by the
Government. The right TO his holding
the mine cannot be questioned by any
individual, nor can an action of trespass
or eiectment be commenced by a citizen
against him. 1t is in the province of the
Government only to commence what the
law terms "an inquest" into his right of
possession.
In this, Mr.. Lindley is of the opinion
that our Government is too lenient as
regards the rights of aliens to locate on
American mineral lands.
The right of State, or of the General
Government, TO impose discriminating
mining tax, would be permitted by any
court in the land.
The only remedy lies in Congress
amending the law to preclude all foreign
ers from locating on mineral lands. This
it could do, and no doubt would, If Can
ada should discriminate against miners in
Kinndyke or elsewhere.
w. c. Ralston, who was the first secre-
tary of the Miners Association, was in
doubt about the dispatch being the real
act of the Dominion Government. He
said:
81 can hardly credit it. The English
Government has never yet done this or
even attempted to do il in any country.
On the contrary, it has shown a most
liberal policy in regard to it's mineral
lands and the right of miners are the
same.
"This talk of retaliating is all bosh.
There will be no necessity for any such
action. My opinion of it is that the
Canadian Government is only too anxious
to have the gold in the KIondyke ex-
cd ha 4,
Government has the right to place tax
upon miners and upon the gold taken out
if it sees fiji to do so. But the miners tax
in British Columbia is only from S. to SIS.
and it would be hard to convince me there
is one law for British Colum bia and an
othere for Klondyke, and still another for
somewhere else. England does not do
such cabbage-garden work as this. Il
has too many foreign holdings to permit
itself to tax few American miners who
risk their lives in the cold at klondyke to
extract gold from under the ice and snow.
My impression is that instead of put
ting on an extra tax the Canadian Gov
ernment will encourage American miners
and afford them the same protection as il
will to its own citizens"
D. Hughes of the Mineral Land Com
panv said: THE Canadians and he other
British subjects have been allowed TO take
uD claims in our country and have never
been charged a royalty, and it would be
very unfair for them to put this tax on
our miners. As 1 take it, the scheme has
only been approved by the Canad an
Cabinet and before it becomes law must
lie acted upon by their legislative bod les.
Now is the time to catch it and prevent
it from being passed. If the United
States threatens retalIation-that is, 20
put heavy royalty on all the English
mine-owners operating mines in this
country - there is not much doubt of
bringing the Canadian Government 10
time. I presume this act OF theirs is in a
measure a sort of retaliation on their part
for our not allowing their vessels to land
passengers at will. No doubt if proper pres
sure is brought to bear on them it can be
arranged satisfactorily.
P. J. Stanton thinks the Canadian Gov
ernment has the right to demand roy
atty. He said: "Fair play is a jewel.
We can't expect to go up there and cart
out their gold without paying the Govern
ment something for the privilege. How
ever, the proposed royalty is too high,
and / don't see how they can regulate a
tax on the lucky and unlucky miners"
Horatio Beveridge of the Pacific Coast
Mining Company takes no stock In the
report, and has talked with a mum Der of
mining men who think with him that
there must be some mistake in the ac-
count; that there will be something more
fOfl WI fCh will