The Sumpter miner. [volume] (Sumpter, Or.) 1899-1905, 1902-09-10
THE LAW OF THE APEX.
Occasion Of a Warm Discussion
Az International Mining
Congress.

tiOnal Mining congress, held last wee
in Butte, the committee on resolution
recommendation the resolution intro
duccd by $. l.. Dignowity, Of Utah, in
dorsing the Kearns bill, providing 70
the amendment Of section 2322 Of tn
revised statutes To do away with extr,
lateral rights--the Endorsement of Onl,
the first part Of the bill providing fol
the abOlishment Of extra lateral righti
now in force.
The committee also recommended that
the second part Of the bill, providing
that only one claim can he lWated in q
district by II single individual, be not in.
dOrscd.
Discussion waxcd warm over the Dig.
nowity resolution indorsinn the Kearns
bill. Dignowity asked that his resolution
receive immediate attention. A motion
followed to adjourn, which was lost. W.
u. Weed, Of Washington, moved the
adoption of the resolution, which was
seconded and carried. This caused much
excitement, and Ja"obs, jumping to his
feet, loudly declared that he understood
that the motion was simply to get the
matter before the congress for considera-
tion. Over dozen delegates were ON the
floor simultaneously during the discus.
sion. The chair held that the motion
was u yet the bill before the house.
Delegate Ncill, Of Utah. then moved u
reconsideration of the vote passing the
resolution, which WAS carriei.
Delegate Martin, Of South Dakota, ex.
planned that the idea of the bill was to
change the law of the apex 40 that u
locator would own the surface Of the
claim and all within the end and side
lines extended vertically downward. The
last part of the bill, providing for u sim
gle location in u district, had been dis.
approved.
lie contcnded that the subject Of extra
lateral rights had been discussed for
years. aud il had been fruitful of litiga.
tion. lie had heard of experts who had
b'cn unable to determine the true al1xss
ri lcdvcs. The present location area IL
,OO by iSO feet, aud the proposed amend.
ncnt provided ior n l9ation Of 1900 by
100 feet.
Mr.. Ncill, oi Utah. said that ut pres.
.nt u lGator, o have II valid claim.
must have mineral in place. 4 series of
claims would entirely cover the apex and
n person trying to make u location below,
in direction of the depth, could MT make
n valid l@ation ~, the vein that aIexcd
in the original claim. and in its dip EN-
tered beneath the surface of the second
claim, for the reason that the mineral
could M, In found in place, lie said
that il the kcarns bill was adopted
II would require marked changes in
the mining laws relative to lration of
claims.
Delegate Joseph, Of Utah, was unal.
tcrably opposed to the resolution. lle
said II gave the prosI1ctor 52,, acres
and II il did not limit his possession in
mining campit would shut out n great deal
II prospecting. The evident purpose ol
the bill, he declared, was to throttle
aud give everything to the
capitalist.
Mr.. Dignowity, the author oi the res.
olut,On, said that he could not see where
the proposed law could injurc the miner
or locator. They could take up 1850
feet square and locate ~ many claims as
they liked. Under the existing law, he /
said, they could escape the work Of the
following year and afterward relocate in |
another name, and nothing Was done to !