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.
Cusrrp C,rv 9 N Feb 90 =

NtOi' u L. lOuu, ESP, NcTulluOD, .. ~.
DEAR SIR: Il am informed that ther,
was miners convention held in Den
YER. Colorado, Sept. % AID %, 1897, fo
the purpose of revising the mining law
OF the United States. | am further in
there was committee appointed 10 draf
code Of laws and amendments to thu
present Law, such as in their judgmen
would be most wise and expedient
Now. you being our state geologist, ai.C
a member OF that committee, ana from
the further fact that you were the onl,
convention, / take the liberty OF ad
dregsing this letter TO you. 1t is hoped
that you will give il due consideration
and that you will read it before your
coibmittee before making your fina
A Ireport. have read with great dea
Of interest the changes in our mining
laws which your committee propose to
make, and understand it il the inten.
tion to memorabilia congress to adopt
these changes, and enact them into laws
for the government of all miners com
mencing Jan. Ist, 1899. Ia the few
comments / propose to make, it is not
my intention to call in question the
sincerity and good faith Of any membe
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
all such changes as your committee have
laid down. do not deem it necessary
TO discuss each section of which there
are some forty in all, but ] desire to
| fa,s htoh ~ l.
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 a 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 a miner may follow his vein to
VI sihItIl RiI%Hsd yduf f"eta eet6anmiise propose. the
prospector, who, after long years OF
search, at last finds vein Of mineral
which il 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
paying basis to stranger who has
done nothing TO deserve any part or lot
i'm the matter. Now, il there is any
right which should be held sacred to the
miner, it is the right TO the vein he has
discovered from the cropping at the
surface, even TO the center Of the earth,
if it should extend that far. l have fol
lowed the avocation OF a 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 a rule, /
have found miners to be generous, but
question if one could be found who ever
vet attained that sublime degree OF
| benevolence who would willingly give
the best years Of his life continually
sowing for others TO reap.
Sec 4. This section would change the
size OF a quartz claim from l5O0x3O0
feet (the size in this state) to 1920 feet
square so ifa miner desired to take a
full claim he would be compelled to
take in about forty acres Of land. This
law was evidently intended 10 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 consistant
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
IL The early days of Colorado, the dis
coyerer of the Gregory would have
o~ nsd all Of the good mines in that
section, including the Bobtail, the Bates
the Foot and simmons, and a score oi
others whose names l have forgotten
In those days the man who discovered q
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 o.
district, because great many miner;
can become free aud independent own
! ers of mine, aud If il il good ii is larg,
enough for him to realize fortune. anl
that is enough. Large claims, such Al
are contemplated in this proposed
change, bars out enterprise, retards TIT
development Of district, and initiates
, against the prosperity and upbuildin,
Of a successful camp. No practical pros
pector has ever asked for such change
I he don't want it, he don't need 1t. an,
more than q cat needs two tails Ii j
mineral he wants, and not 60-acr,
: farm. Such q law only panders to tn
. greed of q certain class of men who lik
. the dog in the manger could not ca
straw and would not let the OK.
Sec. y. A change is here proposed
P which requires prospector to pay In b
), the surveyor general $50 in cash whel
2 he locates claim. and also to be put b
the expense of having said claim sur
veyed by q deputy mineral surveyor
0 and his failure to do SO works for
fsstupo of hia claim auk kunif thof m,
IL an expense and q hardship create
than the average prospector can bear
!. For Won must know that many q boo