The Nome nugget. (Nome, Alaska) 1901-1904, 1904-02-10
UNITED STATES mining LAWS


Find paystreak and you have lawsuit on
your hands" is more than idle assertion Proofs Of
this only too numerous and it is not necessary
leave Nome for examples. Litigation does not
rich litigans although frequently empties its horn
OF plenty into the laps of some. law which breeds
litigation and retards development is bad were it
not Objectionable otherwise But the worst of all is
that it operates against the who makes discov
cries. endures hardshps and prvations, and who is
the first to demonstrate by his industry the value and
Importance of his work. Few proportionaely. are
the pioneers OF mining camps who 60 away with pokes
we'll filled as a reward for their industry and perse
verance.
An essential for valid location is discovery and
should precede it, This part of the law sounds
like flourish of noisy brass than any purpose it
serves. 1t is requirement seldom complied with
In but few instances did discovery precede location in
the Cripple Creek, Col, district with its heavy wash
and slide rock in Leadville, with its blanket VEINS
or in Aspen, with its umble of pockets and veins.
Nor is this observed here, during the open
son. to say nothing of the pencil and Ratchet stalking
in this part of Alaska What discovery is made by
man with sled load of stakes, who locates scores
of claims on top of the snow in midwinter? Who
would make any serious attempt to Jump his claims
for lack of discovery? Yet his locations the
purpose to keep others off who would comply with
the law And then the question arises to what
constitutes valid discovery? Will few colors in
placers trace of gold in quartz suffice? This 10
question of fact for jury, and at best is involved in
uncertainty But the law makes discovery of vital
importance; and valid location can be made with
out it.
Section 1924 of the Revised Statutes provides that
'the location must be distinctly marked the
ground that its boundaries be readily traced
This is rather indefinite What would constitute
''dstinctly marked boundary' for would be in
sufficient for another -Four little willows scattered
to the four of a 2O-acre field inadequate
to properly mark the boundaries of claim. 1t is
not very difficult to remove the stakes to take
in ground belonging to another. AT least impOr-
tant case at Nome was contested for this reason.
locator, having marked his boundary, is not re-
quired to keep it up, though gust of wind may lay
low some or all of his stakes.
A piece of ground may be located and recorded
any number of times by as many different persons.
There is quartz section in the heart of the Cripple
Creek, Col, district where than 60 locations
were made and recorded. Az there is for only
Is full claims, this ground was located and recorded
four times. Anyone running short of fuel get
quite supply by collecting the location stakes on
some of the creeks not far from Nome. No matter
how we'll person may comply with the law, he may
find himself threatened with litigation by some one
locating and recording him. Cases not
wanting where jumper ha wing ample means had not
color of right to force the original locator into,
at least, compromise.
The Klondike system of allowing the recording Of
one claim for the ground with all the crooked
doings of recorders, is unquesonably better than
our law.
The early Californians unfortunate in not
being hampered with federal legislation From 1S4S
to 1866 mining carried under the operation of
laws made by the miners themselves. "These local
rules" says judge of the supreme court of Califor
MIA, were few, plain and simple, and well under
stood. They we'll served the end designed to be &C
complished" Had the mining law of today been in
force, few enterprsing could have staked and
recorded everything worth taking before the miners
themselves could have organized and formulated local
rules and regulations Even district rules are OF
doubtful value. 1t has been decided by the courts
that local regulations do not require operative force
by adoption, but from customary obedience and
acquescence of the miners following their enactment
and become void whenever they fall into disuse or
are generally disregarded." Ito be Continued.