The Nome nugget. (Nome, Alaska) 1901-1904, 1904-02-10

/n\HE IN nlng law OF the United States, with but
slight notifications enacted thrty-two
years ago There has been little or no public
continent by those most interested in mining
either in praise disapproval. This may be due
either to feeling that the law is good Or if not that
it is useless to complain. Age, also, often enveops
custom law in a shroud of sacredness APP
preaching reverential awe, and retains its grip more
from habit than by There are those, indeed
who do more less grumbling but, when put to the
test they cannot give their reasons or, if they offer
any, generally found to be untenable This may
be due to lack of understanding the intricaces of
our mining law. Nor should this be wondered at,
for the expoundsrs of the law are themselves hope
lessly at sea as to it's meaning and interpretation
After a law affecting such important industry
as mining has been in force practically unchanged
for third of century the time is certainly ripe for
examination and analysis of its operation and
effect. am loath to undertake even brief and per-
haps unsatisfactory discussion of the subject. AL
though having passed many years in mining camps,
and having become somewhat familiar with the min
ing law, feel the want of much desired information.
The lack of library, where doubtful points may be
looked up and cleared away, is certainly great OBJ
stacle to proper discussion. There are those who
able to do the subject justice, but there is
little to be expected from this source, and far
these have maintained a discreet silence. In what
follows shall endeavor to treat the matter in a
spirit of candor and fairness with the point of view
of the greatest good to the greatest number. If in
doing so shall have been able to arouse some in
terest in the subject | shall deem my efforts not
wholly wasted.
In 1872 congress passed what is known as the
general mining act Two years previous to this
gress enacted what is known as the placer act With
but slight notifications, these acts embrace the law
it now stands in its relation to the mineral lands
of public domain. Just six years previous to the
of 1872 congress for the first time took hand in
mining legislation. Prior to the act of 1866 those
prospecting on the public domain merely tres
passers. The law of 1866 very incomplete. 1t
gave citizens the right explore the public lands for
minerals and provided for the location and acquisi-
ton of lodes only. This law said to be unsatis-
factory for the that it gave great deal
of litigation.
The acts of 1870 and 1872 said to embrace all
the essential features of the district rules in opera
ton previous to the congressional legislation of 1866.
This is not true, for the early Calornans, who
the fathers of district rules, required practically
tinuous work to hold claim. No one could retain
possession for two years without 30 much as panning
a shovefu of dirt Claims were always limited to a
and often less. With all these restrictions usually
ONLY one claim could be held until it worked out
No one allowed to make sufficient locations
which, if adjoining, would make respectable cattle
ranch in Texas.
The purpose of the act of 1872 if its title be
relied on, is "to promote the development of the
mining resources of the United States" If under
the provisions of this act the mining of this
country have been developed, the law i. good. If, on
the other hand the law has been obstacle, the
time ripe for the repeal of such parts detr
mental and the addition of such least present
needs require. That the mining industry has
hourished during the past thirty years is proof OF
the laws efficiency. Never since has mining been
carried on with more vigor than in the period from
the discovery of gold in California in 1S4S up tc
1860 The production of gold in the United States
leaped from 100000 or $4,O0O,OO0 annually tc
$54OOOOOO in 1854. This enormous increase came
almost entirely from California. In those halcyor
DAYS of district rules the discovery of paysreak by
the miner did not involve him in litigation, uncer
tanty and vexatous delays. The shovel that now
brings to the surface pan of rich dirt is often &C
companled by temporary in junction