The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1905-11-18
Law OF MINING LOCATION
Requirements of Statutes Plainly
Set Forth-When Legal Date
of Location Begins = Amend
ment to Mining Law Suggested.

1t is a natural supposition that after
the many years of experience in mining
In the West, miners generally would be
perfectly familiar with the law relating
to mines. and yet some are surprising y
ignorant of those features which have
a most important bearing on the subject
OF location-the initial point in secur-
ing mining property ON the public do
main.
The laws relating to aliens. to the
extra-lateral right, and to some other
legal phases of mining, are not so
readily understood, the most astute at
torneys being themselves often ut loss
how to proceed with safety to their
clients, but the statutes defining the To-
cation of claims are simple and easily
understood. To such an extent is this a
fact that the logical inference is. that in
some cases the miner purposely fails to
understand, or frames law of his own
which suits his ends better than the
plain language of the statutes. The
laws regulating the location of mining
claims and securing title to them by the
performance of certain acts are plain
and easily understood, and for this
reason the conflicts constantly arising
over the ownership of mining ground
should not occur at all.
Where Stakes Must Be Set.
The fault often lies with the locator
himself. who carelessly fails to comply
with the requirements of the statutes
and sets mp an insufficient number of
corner monuments or posts-sometimes
none at all, or putting them at the
proper places, they are so frail as to be
readily destroyed or so inconspicuous as
to remain unobserved by others seeking
mining ground. Often too much de-
pendence is placed on the discovery
stake. upon which is posted the claims of
the locator, who states thereon the name
of the location and the extent of the
territory he locates under the law.
This is insufficient and will not meet
the requirements of the law. Stakes
must also be set out at the corners and
at the end centers of the claim. These
stakes or monuments must be plainly
visible from one to the other, and if,
when standing at any of the stakes, the
next adjacent stake can not be seen. be-
cause of intervening brush. rocks or
rising ground, then additional inter.
mediate stakes must be set. so that. in
the language of the statutes, the bound
aries Of the location may be plainly
traced.
Discovery Is the Miners Right.
Discovery is the inception of the
miners right. This should first be
made aud the location laid out to con-
form to existing conditions-as to strike
OF the vein, etc.-as nearly as may be
ascertained. Often it is difficult or i'm
possible to determine without consider.
able work the direction of strike If a
vein or ore deposit, and then the miner
must stake the claim to the best of his
ability aud Judgment. A claim may
be laid out prior to discovery, but it'll
must be remembered that i'll such event
the legal date of location begins at the
time discovery is actually made. and
not from previous date of location.
Such location may be permissible when
the outcrop of the vein is obscure, but a
location without previous discovery is
difficult to hold against trespassers.
Amendment to Mining Law.
The mining law should be amended
in this respect that the bona fide locator
may have sufficient time, based upon
continued work. in which he may hold
his claim against others while search
ing for the vein or deposit of mineral
believed to lie beneath the surface.
Occurrences of this character are
numerous in regions Of bedded deposits,
deep placers and fiat veins, but no law
exists on the statute books which makes
provision for discovery under such con.
ditions s.-Mining and Scientific Press.