Bisbee daily review., 1903-01-08
MINING LAW:
By
By s. A. MERRITT

the United states to reserve rom en- try and sale all public Land containing known mines" The miners who dis covered gold in California in 184S and succeeding years could acquire no title to their claims Technically they were trespassers on the public domain, but their possessory rights were good as against anyone but the government, and the government pursued the poli- cy of nop-interference. Had the gov ernment chosen to treat the miners who settled or those mineral lands as trespassers, or to dispose of said lands instead at public sale. there would be no such thing as the appropriation of mineral lands in the states of the Pacific slope. But instead of adopting such a course, the govern ment, tactilly at first and since 1866, by legislative enactment, offered such lands to the first appropriator, and by statute as follows: Tn all cases lands valuable for minerals shall be reserv- ed from sale, except as otherwise eX- prssly directed by law.-Reyised Statutes, Sec. 2,318.
 Now, it was expressly provided by Sec. 2319 of the Revised Statutes of the United States il language as fol lows:
 "All valuable mineral deposits in land belonging to the United States. both surveyed and unsurveyed, are hereby declared to be free and open for exploration and purchase. and the lands in which they are found to occu- patton and purchase by citizens of the United States and those who have de ,rr fn under the regulations prescribed by law, and according to the local GUS toms, or rules of miners in the several mining districts, so far as as the same are applicable and not inconsistent with the laws of the United States"
 This was the first legislation by con gress relative to the disposition of it's mineral lands in the western states and dates from the year 1866.
 It will be observed that the above enactment recognized the validity, within certain limits, of the local GUS toms and rules of miners, which long previous to this enactment had been in force in California, and which, in some sections, are still a part of the mining law. The nature and extent of the application of these miners rules to mining locations would be an interesting topic in itself, but the purpose of this article forbids a fur ther consideration of them.
 The United States mining law of 1866 was superseded by the law of May 10. 1872, which with some ex- captions was a re-enactment of the law of 1866. and which with slight mod. ifications since 1872, is still in force, and has been supplemented by state and territorial legislation.
 One important provision of the law of 1872 and which is the law now il force, is as follows: No location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located. Re vised Statutes of the United States Sec 2320.
 Hence the necessity of discovery which is the particular theme of this article.
 And in speaking of the necessity oi a valid discovery upon which to base a location, and what amounts to the same, the writer's aim is to present oaly some of the most important prin ciples and decisions pertaining to tho same, and of necessity in a very brieI way. even at the risk of its seeming rather fragmentary. The writer trust: that it will be understood that his ob feet, is to present the law as adjudgec by the courts, not to say what may ol may not be done under the peculiar conditions of a given locality, ol whether what has been done in any 10 cality has been rightly done, or oth erwise. or whether a given state o' facts as pertaining to a mining loca tion in this or any locality is within ol without the law. Legal bridges, like others are not to be crossed unti reached, but the passage is more likely to be a safe one, when proper be ginning has been made.
 It will be seen from the United States statute quoted that discover is the inception of title to minera land. The discovery of a lode of itsel gives the right to the vein, lode. or de posit for such length of time as is al lowed by law for the completion of th' location and record. the beginning 0 title will relate to the date of dis covery. From this fact a later recor, may show on older and better til, than a record made several month earlier, therefore as a practical sue gestion. we would say that in ever. instance the location notice shoul, show the date of discovery as well a he date of location.
 There is 10 discovery until vei- or it's equivalent is disclosed. Tn finding of detached and float quartz o other mineral is insufficient. There
 a custom which in measure, ha been observed by miners, to the effec