Elk City mining news. (Elk City, Idaho) 1903-1913, 1905-01-14

operation the mineral wealth of the
country has been given to others who
CHANGED to own the adjoining land, or
the minerals have been locked up, and
the mining industry retarded by it. If
proof is demanded that can be furnished.
Under the extralateral rights industry
and deep mining are made possible and
labor and capital get their just reward.
Mining disputes are carried into courts
of law, where the fight is often contin-
ued for years, whereas it would be diff
ferent if all mining disputes regarding
the boundary lines of mining claim,
or trespass on neighbor, were settled
ION the ground at the nine by arbi-
tration of mining men who have ex
amined and understood the local condi-
lions at the mine. Those who desire a
change in the law, as at present, have
good intentions, but they base their
argument on wrong premises, and have
not had experience under the same con-
ditions that they seek to impose on the
western United States. and to go from
the present condition to a worse state
of affairs. An experience of about forty
years minimizing in Europe, Canada and
eastern and western United States en-
ables me to give facts on this important
question for protecting the best inter-
ests of capital and labor invested in
mining. JOHN STEUART.
Los Angeles, Dec. Is.
To the Editor:-The defenders of the
extralateral law claim that it benefits
the prospector most of all, and that it
encourages and protects him.
Anyone who gives the question a lit
tie thought and studies the records of
the past, will, am sure, be convinced
of the doubtful benefits derived by the
prospector from this law. Long before
the shadow of extralateral complica-
tions dims the horizon, the original
locator has ''folded his tent" and HES
himself to new prospecting fields; for
we all know that the prospector rarely,
if ever, goes so deep that he cannot hop
out of the acknowledgement when he
so desires. If by chance he should re-
tain possession of his property and he
appeals to the law for protection, what
is the usual result? He may be arrayed
against wealthy corporation and he
has not the means to fight it. The SER
vices of mining lawyers and geological
engineers come high, and by the time
he secures final judgement, if he does
not find himself in debt he is fortunate,
indeed
If final judgement would be rendered |
within a reasonable time, it would not
be so discouraging, but in the United |
States, where the history of such cases
is one of continuous appeals and vexa-
tious delays, the outlook for the pros
pector of small means is gloomy, in the
extreme. To support this fact, the
writer will cite one instance of many
that have come under my observation.
In this case the original locator is now
surrounded by powerful mining corpora
lions. When he found he was being
robbed he appealed to the courts. This
was six years ago, and during that time
he has secured judgements in four diff
ferent courts for sum well up in six
figures, and the end is not yet. In fact,
the president of the opposing corpora
ton on being approached by a reporter
when the case was last decided against
him, said: "Why we have just begun to
fight this case; Mr. can leave it as a
legacy for his children"
There is no doubt in my mind but that
it will be so.
This law, no doubt, was intended to
benefit the prospector at it's inception,
but that was d time when lode mining
in the United States was in its infancy
and tho apex was supposed to be an
ideal condition. That these ideal con-
ditions rarely exist is now conceded by
all, and this law, which was intended TO +
benefit, is now an obstacle to legitimate /
mining. 1t has been proven in countries /
where the change was made that no
serious hardship was imposed either on +
the prospector or investor. It seems
to me that whera claims are 1900 feet
wide and the vertical plane extension
law, that a prospector has all the (
ground he needs. If there were any
obstacles to prevent him from locating
q side claim, there might be some cause
for complaint.
The laws of location should ha ca sim