Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1904-03-12
Our Mining Laws.

There is an old saying and true one
every man to his trade" We are re-
minded of the wisdom in this saying
when We look back and review the at
tempts which have been made from time
to time by members of our state legisla-
ture. The men who framed and intro
duced these changes were men of recog-
nized intelligence and ability in all mat
ters with which they were familiar, but
every time they attempt to make laws
which touch the interest Of mines and
| miners they make mess Of it.
The mining laws Of California were for
the most part sensible, practical and Just,
for the reason that they were framed by
mining men, who were familiar with the
situation and what was required under
the circumstances by which they were
surrounded. The mining laws enacted
in 1872 were largely taken from the Cal
ifornia law, and although there were
some changes made and amendments
adopted, they were drawn by men who
had spent many years in mining camps,
and were largely the fruit ofexperience.
Since then there have from time to time
been great many attempts to change
and improve upon those laws. In most
cases there was fortunately some one
around who had been in the mines and
was able to show up the faults in the
proposed changes, and they were defeat.
ed. 1t is difficult thing to make law
sufficiently comprehensive and adequate
to cover every circumstance which is
liable to arise in the working of mines.
Nevertheless it so happens that when
ever an attempt is made to change or to
Go away with any Of these laws, it has
been found by further research that their
proposed amendments had all been
thought of before, and for good reasons
had been discarded. Among these is
found what is called "the law of lateral
rights" or the right of miner to follow
his vein on it's dip, even when it passes
under another mans claim. There have
been many attempts to amend the min
ing law in this particular as much of the
litigation which has occurred has arisen
from this law. The question has even
been brought up for discussion among
the different Mining Mems associations
and our mining congress. But that law
which seems on its face to be so defec-
tive is pretty tough one to bulge. 1t
has some merits which every practical
miner is bound to recognize, and thus
far it has withstood the test of all the
argument which has been arrayed against
it.
Now we see that Congressman Dixon
has introduced bill requiring Deputy
U. S. Mineral Surveyor to examine every
placer mine where application is made
for patent, to ascertain and report to the
department whether there are any quartz
veins of value underlying the placer.
This, no doubt, looks easy and simple to
Mr.. Dixon, but mining men who have
employed a crew of miners for many
months to ascertain the fact must know
how difficult task he has undertaken.
A quartz vein covered up by from 10 to
90 feet of slide rock and debris, soil and
gravel, besides a vast volume Of water
flowing on the bed rock, makes it diff
cult problem to solve. 1t would in most
cases cost perhaps thousand dollars to
do this, and as there is no appropriation
of money to cover this expense, and no
time for prosecuting the search, it
amounts to simply nonsense, and that is
all there is to it. 1t is probable that the
mining laws as they stand will be found
about as good as we can make them, and
we do not expect to see them altered to
any great extent.