Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1903-08-01
A NEEDED REGULATION.

In all the past there has been no clash
J between the farmer and the miner, as
the miner was always secure in his
rights, and was always disposed to be
generous and willing to live and let live.
The farmer in the mineral portion Of
the Black Hills has hitherto held his
ground under the placer act or else as
mere squatter, which has never been
recognized as claim by the government.
In most cases the farmer was a miner
before he was farmer and worked the
channel on the creek until the pay streak
became exhausted and then ceased work
because it would not pay. From that
time on he has continued to hold the
ground, and to work the bottom land,
and from It he has made living. But
in most cases the placer claim has been
abandoned for lack of the necessary as
sessment work and he has held his
ground as a squatter. The quartz miner
cared nothing for the bottom land and
he has always been perfectly willing
that the squatter should have, and make
his home upon it. He has been willing
that the farmer should fence his land,
and if it was necessary to fence across
his quartz claim in order to take in a
little more plow land. The quartz miner
has made no objection so long as the
farmer left him gate and an open pas
sage to his mine, the placer miner and
the farmer have got along we'll together
and they have been the best of friends.
When our senator from South Dakota
was enabled through his influence to
have law enacted giving the squatter
the right to acquire title, and receive a
government patent under the homestead
law, he done a good thing, but he com.
plicated things considerably. From the
| lay of the land and the nature of the
situation neither the placer nor the
| quartz could be taken by legal sub-divi-
sions. AS matter Of fact most all the
mining claims of whatever character
were taken and worked before there was
any government survey, and of course
no attention was paid to section corners,
for such things are unknown. Now the
government allows the farmer to take
his land by legal subdivisions and in do
ing so there is hardly homestead claim
taken that does not over lap some mining
claim. OF course some Of these mining
claims are old, and have been abandoned
hu hair nd
there is no trouble. 1t is the overlapping
of the live valid claims, ground which is
owned and legally represented by the
miner is where the trouble comes in.
The farmer goes on and gets his patent
| undisturbed, and then comes to the
miner and says, II own this land, i want
to set my fence back on my line, and
you are required to vacate this ground.
1t is mine and l have government deed
| to it. Now what is the miner to do :?
Shall he loose his claim upon which he
has spent perhaps ten of the best years
of his life, working, developing and
maintaining under the mining laws of
the United States, and the State of South
Dakota. The miner goes to lawyer for
! counsel, and the lawyer says why you
ought to have had an understanding
with the farmer before he proved up,
and obtained a promise from him to deed
back after he obtained patent such
ground as laid within the boundary
lines Of your mining claims. EYES," re-
plies the miner "he should do that now,
but he says he don't have to and he will
not. And if he will not do it now, what
reason have to think that be would do
it under verbal promise which could
not be enforced under the law" Well,
then, says the lawyer, "you should have
brought contest. You should have
taken your witnesses and gone to the
land Office and had trial as to the
character Of the ground and perhaps the
commissioner Of the land Office might
have ordered special survey and had
your mining ground cut out" "Con'
test" says the miner, "there was no con
test. never wanted his farming land
and ] never suspected that he wanted