Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1898-02-26
PROPOSED NEW MINING LAW.
The Proposed Changes in the u. 8. Min
ing Laws Criticised by Black
Hills Prospector.
Cusrrn Cry 8 ID. Feb % 1898

Prof j. K. Todd, Esq, Vermillion, S. ID.
DEAR SIR am informed that there
was miners convention held in Den
yer, Colorado, Sept. % and %, 1897, fol
the purpose of revising the mining laws
of the United States. / am further in.
formed that after due discussion
there was committee appointed to draft
a code of laws and amendments to the
present Law, such as in their judgment
would be most wise and expedient.
Now, you being our state geologist, aid
o member Of that committee, and frona
the further fact that you were the only
representative Of South Dakota to that
convention, take the liberty Of ad.
dregsing this letter to you. 1t is hoped
that you will give it due consideration
and that you will read it before your
committee before making your final
report. / have read with great deal
of interest the changes in our mining
laws which your committee propose to
make, and l understand it is the inten-
ton to memorialize congress TO adopt
these changes, and enact them into laws
for the government Of all miners COM
mencing Jan. Ist, 1899. In the few
comments / propose to make, it is not
my intention to call in question the
sincerity and good faith of any member
of your committee, but on behalf Of the
miners and prospectors of the Black
Hills, desire to say that question the
propriety, or wisdom Of making any
changes at the present time, and least of
ali such changes as your committee have
laid down. do not deem it necessary
to discuss each section of which there
To- oil ht,f Il r,sr l<,
notice few, which appear to me to be
particularly Objectionable.
To commence with section 2, wherein
you would apply the same law to govern
the location of clay ground and other
surface deposits. as you would TO vertical
veins Of quartz, it strikes me that there
is such vast difference in the nature and
situation Of the two that they should be
classed separately, and that a much
larger area should be allowed in locating
the first than in the latter, as the de-
posits extend in the one case no farther
ther the bed rock, and are soon ex-
hausted, while in the other, or vertical
veins, they descend in to the earth, and
even when continuously worked they
may last for generations 1t is also ap-
parent that there would be great in
Justice in making tho same charge per
acre for surface deposits of clay peat or
gypsum, as should be required Of those
who would acquire mines which yield
gold and other precious metals. | sub
init that for the reasons which | have
mentioned, and for other reasons which
might be given, that our present law is
much better than that.
Next, in section 3, it is proposed to do
away with what is known in mining
parlance as the apex law, which at pres.
ent prevails, and under and by virtue Of
which miner may follow his vein to
it's utmost depth. Under the change
which your committee propose, the
pros !ector, who, after long years Of
sea zen, at last finds n vein Of mineral
which if he were permitted to follow
might yield him fair reward for his
labor, must stop at his side line drawn
vertically downward, and thus he is un-
Justly deprived of his legitimate reward,
and must yield up the vein (Which his
industry has developed and brought to
a paying basis to stranger who has
done nothing to deserve any part or lot
in the matter. Now, if there is any
right which should be held sacred to the
miner, it is the right to the vein he has
from the cropping at the
surface, even to the center Of the earth,
if it should extend that far. / have fol
lowed the avocation Of miner and
prospector for 38 years, but if there
were law enacted which deprived me
of the privilege Of following my vein, |
would quit the business, for the reason
that there would be nothing in it for
me. In my experience, as rule, l
have found miners to be generous, but
question if one could be found who ever
yet attained that sublime degree Of
benevolence who would willingly give
the best years Of his life continually
sowing for others to reap.
Sec. L. This section would change the
size OF quartz claim from l500x3O0
feet (the size in this state) to 1920 feet
square so ifa miner desired to take
full claim he would be compelled to
take in about forty acres Of land. This
law was evidently intended to make
things satisfactory TO the prospector who
by the law has been compelled to stop
at his side line, by putting that side line
SO far off that in his workings he will
never reach it, but it Is not consstant
with the grand rule of our republic, to-
wit: The greatest good to the greatest
number" | regard this law as unwise
and unfair, inasmuch as it would allow
one man to cover and monopolize all Of
the mines in some cases in whole dis
trict. If such law had been in force
in the early days of Colorado, the dis
coyerer of the Gregory would have
ow ned all of the good mines in that
section, including the Bobtail, the Bates,
the Foot and Simmons, and a score Of
others whose names l have forgotten.
In those days the man who discovered a
vein could claim 200 feet on that vein
by so feet in width. We never com.
planned that it was too small. Small
claims insure the rapid development Of
Il district, because great many miners
can become free and independent own
ers of mine, and if ii is good it is large
enough for him to realize fortune, and
that is enough. Large claims, such as
are contemplated in this proposed
change, bars ont enterprise, retards the
development Of district, and initiates
against the prosperity and upbuilding
of successful camp. No practical pros
pector has ever asked for such change,
he don't want it, he don't need it, any
more than a cat needs two tails 1t is
mineral he wants, and not 60-acre
farm Such law only panders to the
greed Of a certain class of men who like
the dog in the manger could not eat
straw and would not let the OK.
Sec. 3. A change is here proposed,
which requires prospector to pay in to
the surveyor general $50 in cash when
he locates claim, and also to be put to
the expense of having said claim sur
veycd by deputy mineral surveyor,
and his failure to do so works for
feiture of his claim. ! submit that this
is an expense and hardship greater
than the average prospector can bear.
For you must know that many a poor
prospector has worked and developed