The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-05-08

~
nseh shceid become general
UATr0 or MINERS WITHIN THE
ID REsERyE.
The roar of protest which swept across
ne Western states when the fun eject
the forest reserve order was known
- neither too deep nor too soon- Even
ftcr al the explanations made to TIE
enate. the legislative act which IS 70
Prevent the mischief had fourteen votes
eatnst It. The same stubborn resist
ncs win Be felt In the house. where the
3rsponderence Of Eastern to Western
nembers Is so much greater. ard Il will
Aks . determined effort to win over the
Undecided votes.
Thu amendment passed by the senate
Declares that Its purpose ID to remove
kny doubt as to the authority OF the
president to revoke. modify or suspend"
Pm executive order designating forest re-
ferves- II the measure passes both
pouses the matter viii be placed beyond
hn controversy; and IL Il should fail, the
Phraseology indicates that the authorities
Are not sure the president has not the
power without congressional action.
rhere is no doubt that the president VIII
exert his prerogative to rhc utmost
The question viii then again arise how
Far his authority extends. There il no
Year that the reserve order viii interfere
with any mine-owner who has patented
ais claim. The order itself also specif-
fcaiiy exempts al mining claims which
pave been located. but there has been
some doubt as to the power TO issue pat
{nnts. and some misgiving az to the rights
30f miners to construct roads or use tim
per. Without these important adjuncts
ITO the right TO dig, II would be of little
value.
The only guide to the presidents action
at present available ID precedent. This is
ito be found I'm an opinion by Attorney
General Macyeagh, who afterwsrd became
minister to Italy under Cleveland. 1t was
|evcked by controversy between the
miners of the Judith mountains. in Mon
tana. who In 1880 established a. mining
district and made many locations. In
the following year. President Garfield by
executive order set apart large portion
Of the district as a military reserve. A
conllct between the miners and the mil
itary seemed imminent. but the command
Ing onlcer. acting with discretion. permit
ted the miners to so on without moles-
tation until he could submit the matter
to his superior officer. Secretary OF the
interior Kirkwood asked the opinion OF
the attorney general. who very emphat-
icaIly upheld the miners. In the course
u his opinion. he says:
Under the laws providing for the ex-
ploration. occupation and disposal OF min
eral lands. the locator. so long as he COM
plies with the conditions imposed by those
laws. II clothed with a possessory right
which entities him to the exclusive right
Of possession and enjoyment of all the sur
face inciuued within the lines of his loca-
tion-' SECTIONS 2.s20 2.222. 2.324 Rev. Stat)
The object OF those laws IA to promote the
development of our mining resources,
uther than the sale OF the mineral lands.
aad 10 that end congress has by statute
ana by tacit consent N Is remarked by
the supreme court, In Forbes VS.. Gracey
(St u. g.. s6a). permitted the individuals
ana corporations TO dig out and convert
10 their own use the ores containing the
precious metals which are found In the
lands belonging to the government, with
out exacting or receiving any compensa-
ton Tor these ores. and without requiring
the miner TO buy or pay for the land. II
has gone further. added the court, and
recognized the possessory rights of these
miners, as ascertained among themselves
BY the rules which have become the laws
Of the mining districts as regards mining
claims The rights thus recognized by
congress are property OF great value. Very
large amounts are invested In mines. the
ownership 90 which rests solely upon the
possessory rights referred TO- 1t seems 10
me .aat where such rights have attached
10 mineral land In favor OF the locator OF
a mining claim. the land during the con-
fsnuance OF the claim, Il. e. so long as IL is
maintained In accordance with law) be-
co-aes. By force OF the mining laws appro-
pra.tsd to specific purpose. namely. he
development and working of the mine To-
Gated: and unless congress otherwise pro-
vlaea. = canncs. while that right exists
Notwithstanding she tile thereto remains
4. the government. be set apart by the ex-
eeuffvc Cor public uses. IT. thea. the pos
sesxory right of me miners, in the ease
under consideration. was fun and com
pfefe prcvfouS 10 the establishment OF the
military reservation OF Fort Marinr.s ]
am az the opinion that the inclusion OF
their claim within the limits OF the rezer-
walton was without authority Of law, and
could not legally olvest them OF such right
IAN ccmpliance with the requirements OF
che ssntute concerning the issue OF pat
ants for mining elaims) TO acquire title TO
the land"
This opinion was accepted as the law In
the case and many claims were patented
There Is no doubt that any attempts at
sson since tho order will be OF dubious
value rniess the proposed act Is passed.
hut the locations made before the order
are safe
when tho fisst announcement was made
ne telegraph Il was assumed that unpat-
.r,cd claims would be forfeited. Although
mi. Is now known - BE Inaccurate. the
,v,.atfon should be continued without
abatement. Il Is not merely the located
.,,,ms the people are interested in. but
!, the vast opportunities which yet remain
81 che explorer ana prospector.