The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-08-07
WOULD AMEND
LOCATION LAW
PAPER READ At THE MINING
CONGRESS STRONGLY URGES
THIS REFORM.
Means Of Absolutely Knowing the
Apex Of Vein Is Barrier to Its
Probability = The Adoption of
New Plans, It Is Said, Would Avoid
a Great Deal of Controversy-In-
stances Cited to Enforce the Claim.

In paper read at the late meeting of
the mining congress. W. Is. Hepburn OF
Wallace, Idaho, proposed an amendment
to the law of mining claim location, to
avoid conflicts arising from errors in To-
cation due to uncertainty as to the strike
of the apex of the lode. says the Mining
and Scientific Press. He proposed that
all the end lines of locations on the same
lode should be located parallel. To effect
this, his suggestion was that the first
locator on a ledge should claim discov-
cry of a new ledge, and the nearest Z. ).
deputy mineral surveyor should there
upon go to the claim, establish its strike
by survey and fix the end lines. Sub
sequent locators should then be COM
PEELED to make their end lines parallel to
these first established.
The principal objection to the PROPOSE
ton is that it could not do what it is
devised for. It's prepayment has failed to
appreciate that it it is a means of abso-
lutely knowing the apex that creates the
difficulty. 1t is not the lack of means
Of definition after it is known. The law
as it exists is based on the theory that
the apex is a fact capable of exact in
disputable determination. Experience
and knowledge have shown the theory
at fault, and more and more at fault as
knowledge extends. 1t is absurd to con-
tnue basing our rules of location on
theory known to be false. The adoption
of Mr.. Heyburn's proposed amendment
would only make a bad matter worse
The suggestion to require that Local
tions should be made square and with
out eXtralaterai rights, as this paper has
presented it, is not answered by the OBJ
jections he makes. The square form is
| o detail. 1t can be a rectangle, a triangle
or any form of surface. The essence of
it is in the limitation of right to the min
erals to vertical bounding planes. It can
not affect a vested right to extralateral
rights already required. The rights to
the mineral in the new location would
be subject to such extralateral rights
Of entry and mining from the old form
| of location.
| new locations could not conflict with an
| other one. The objection that the dip of
veins would carry it outside the vertical
| bounding planes at too great depth to
| be desirable for location does not seem
| Well taken. 1t is question of proba BILE
| pay. The discoverer of the mineral in
| pace being entitled to the initial exer-
else of the right of location, the owner
of the adjoining location who follows un-
| foreground the valuable mineral from his
| location on to the other ground is the
discoverer and has the prior right Of
| location. Mere deductive influence that
| there is valuable mineral in the ground
does not provide the legal basis of a
| location if it does supply the incentive to
acquire that right by digging for and
discovering that mineral at depth, Under
the present law the valuable minerals
do not stay put by location merely, Ore
chutes have dip with the lode strike as
Well as traverse to it. So dipping the
| ore chutes cross-end lines of locations
| and in some actual instances are in pre-
cisely the relation that is objected to as
consequence of limitation of mining
rights by vertical planes.
The Eureka Ida no. Maryland lode of
Grass Valley, Cal, is an instance directly
IN point. The chute apex was in the
Eureka, which was mined out early.
Dipping in the strike, it entered the
Idaho far below the surface and was
mined out there. Still dipping, the chute
crossed the end line into the Maryland
claim and is being mined there at the
present time. It is notable that the vein
does not outcrop at all on the Maryland
location, but only appears at several
hundred feet In depth. It's richness was
sucn that as commercial proposition
the risk OF sinking a shaft to discover
1t was warranted.
Project consciousness in advance and
consider the suggested change as being
the law in operation, the tendency would
certainly be toward rapid exploration of
deposits in order to get the advantage
OF discovery underground. The necessity
OF discovery as the basis of initiation of
location would block mere obstructive
occupancy of mineral land,