Elk City mining news. (Elk City, Idaho) 1903-1913, 1905-01-14
The ExtraIateral Right Law.
Mining and Scientific Press.

The law of the extralateral right is
always one of interest. 1t has been the
law of the west ever since mines were
first discovered there, and even if a new
law be passed by congress by which the
existing law is replaced by one provid-
ing for vertical side lines, the law of
the extralateral right will still be with
us, for new law cannot be made to
apply to claims located prior to the pas
sage of the law. There still exists
divergence of opinion on this matter,
and following are the views of two min
ing men, each of whom offer substan-
tial reasons in support of their conten-
tons:
To the Editor In the course of every
few years it has become fashionable for
some ambitious mining lawyer or engi-
neer to make grand discovery, as did
E. A. Belcher recently, that ''the
extralateral right should be utterly
abolished. 1t is thing of evil. Within
my reading no one statutory provision
has been so productive of endless and
costly litigation than this" etc, as re-
ported in your issue recently. Has Mr..
Belcher never heard of the statute of
old institution and use, which is short
and to the point, ''Thou shalt not steal?''
For under it there have been endless
litigation and lawsuits, and prosecution
far more than under all other laws
combined. In the breaking of this law,
"thou shalt not steal" ore from your
neighbours claim, and not the Just pro-
vision of the extralateral right, that is
at fault, as we find that when the min
ing property or claim boundary is
the square location, the unlawful act of
stealing ore goes on just as easily and
often as under the law of the apex or
extralateral right, when miners desire
to be dishonest. The proof of that is in
the fact that the theft of ore, under
the laws where vertical side lines are
the boundaries of mining claims, is as
common as where the extralateral right
prevails, and there is as much litigation
and stealing of ore as there is in the
western United States. If proof is de-
manded, that can be given. The square
location is also undesirable on account
of its covering more leads or deposits
than the vein or deposit which is the
subject of location. The parallel vein
may or may not be the same class of
mineral as the vein or deposit which is
operated, and as a consequence pros
pecting is prevented or good mining
ground is tied up or reserved from op-
Grafton. Hence it is that where the
square location exists little prospecting
and mining are done. 1t therefore.
stops industry in mining, and as indus
try is the secret of happiness arao..;,,,
civilized people, it is not a law or con-
dition which is in the best interest of
the miners of the state. The first pro-
vision of the United States mining law
is discovery and full freedom to pros
pect or explore. After discovery work
is required to retain title, hence indus
try is Encouraged and made compulsory.
which, after time developes economic
value. The pursuit of obtaining values
in depth underground is the business OF
mining, but as almost all minerad de-
posits depart from the vertical line in
taking depth, the miner is forced by
the peculiar geological conditions under
which his vein or deposit dips from the
vertical to follow it. Consequently the
most just miners boundary is that
which is parallel TO the apex or dip and
strike of his vein or deposit as developed