Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1899-02-25
The Pubic Domain and Miners Rights.

Gn0 fuDuc Domhlu anu m1n0rb hlGuJs.
J We have been asked by many Of our
readers in regard to the rights Of min
ers and ranchmen. which to their under.
standing has become very much COM
plicated, by the rulings and instructions
Of the land commissioner since the es-
tablishment Of the Forest Reserve in
the Black Hills. We will give the status
of the situation as we understand II, and
from all we have been able to gather
from a close and careful reading, we
believe we are able to state it correctly
In the first place the forest reserve does
not interfere with the rights and privi-
leges Of the miner who complies strict
ly with the United States mining law.
This law dates back to 1872, and the
rights which were extended. To tho saia-'
er at that time, has never been abridged
or taken from HIM from that time to
this. But no law can be framed to
cover every peculiar and particular cir
cumstance which may possibly arise
under al the conditions which are met
with in locating. holding and working of
mineral veins This is no more thar
what might be expected when we come
to consider all of the multiplied varia
tions and conditions that the miner en-
counters while laboring and endeavor-
ing to pry into the secrets Of nature,
which are hidden in her vast and intri-
cate laboratory. For this reason an
appeal is sometimes had to the courts to
settle the question Of the rights Of mine
owners. These differences often occur
where both parties are equally honest,
both believing they are right. Many Of
these cases are such in their nature that
the law does not reach or cover specfi-
edly and they are termed cases of equity.
In these cases, the Judge must do the
best he can, and render justice accord
ing to his best judgemnt and let it go
at that. 1t is thus we have rulings and
decisions of judges which do not con.
stItute law, and are often appealed from,
and sometimes reversed by a higher
| court.
The superihtendents of the forest re-
serve have instructions with regard to
mining claims which are situated in
their district to see that the original law
is observed and enforced, 80 far as il
refers to the timber growing on said
claims, only that and nothing more
This comes from the fact that mining
claims, where the require are met
with. and the annual work kept up are
not considered as public domain. but
are regarded as ground which has been
segregated from the public domain and
are not subject to the same regulations.
| The man who owns a mining claim,
either quartz or placer, upon which he
has performed $4,000 worth of labor
has made the first payment to the gov
ernment, and the claimant is entitled to
use the ground for any purpose he may
see fit whether for mining, agriculture
or grazing. All surface ground and tim
ber growing upon such land belongs to
the claimant subject to the laws govern
ing mines aid miners. All the land
which is not so claimed and held is what
is commonly denominated as public
domain" and it is this class of land
which is chiefly under the special care
of the agents Of the forest reserve. All
the ranchmen and farmers who have
made their homes upon such land, or
even where they have originally claim.
ed the same as placer, but have
not kept up their assessment work,
are in the eyes of the law simply
squatters on the public domain
But the squatter also has rights which
must be respected. He has the right to
live upon that land, and TO utilize the
same, and to hold it against all corners
who desire to use it for the same pur.
pose for which he is using it. Say for
the purpose OF agriculture and grazing
and where the party has lived upon the
ground for years, fenced it, built upon
it, and made improvements to prove his
good faith We believe he should be en-.
titled TO receive from the government a
patent for the same as homestead. We
believe such law will he passed, as il
should be passed, securing to such dwell.
Ter his home. Such law would be but
just and fair, he is as rightly entitled to
his l60 acres located IN the valleys and
parks among the Hills as though
he had settled on the out lying
prairies which surround the Hills. But
this last proposition has not yet been
enacted into law. Such bill has been
introduced in congress but has not we,
been acted upon. Meantime these lands
being in the mineral belt are subject to
the explorations Of the prospector and
should he find vein Of ore running
through such ground he is entitled tc
locate the same and hold it so long al
he does the annual work upon it. The
settler on these lands for the present
has not such guarantee from the gov
ernment as that which is pledged to the
miner.
Another disadva ntage which the set
tier on such lands labor under is, that
in case of a controversy between the
settler and the miner, as to the char
acter of the land with reference to i'll
being more valuable for agriculture
than for mining, the burden Of proof il
upon the squatter. Further than this
he is living upon what is still strictly
public domain, and the timber upon his
ground is subject to all the rules ant
regulations which eminate from The