The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1906-10-27
FOUNDATION OF MINING TITLES
Written for the OoLifdd News
BY JUDGE J. w. DEANE


BY JUDGE j. w. DEANE

yaIidated location. always PROVIDED. however, mat SUCH
discovery had priority over that of another whether within
the bounds of the location, or without the location but lap
ping it,
In the new. loose and open formations of Nevada. min
erals may be in or out of place. and it is doubtful If in the
sense of the law has laid down there is a vein. and espe-
cially is this true of vast porphyritic areas like this Gold
field.
At another time W e may take up this matter of veins and
may show how the courts have been led away from a vein
with two walls to a vein with one wall, and the logical pro-
gression of the apex claimant to a vein with no walls and
no defining bounds whatever. and the ability of distin-
guished counsel to shape Gods creation to the purpose OF the
robberies which statutes provide for.
Rodies of ore lodes more properly, are so much larger
than shafts could possible disclose, that when found by the
shaft method their courses can not be even approximately
determined. outcrops, or apices within ten rect OF suriac'
arr exceptional, and a superb outcrop might be several nun
dred feet from the vein it at one time crowned.
The mightiest of the mines of all time have had no out
crop in the sense of an obtruding segment IL the rim Oh
The whole Ely copper country has masses of elected ma
terial, quartz with pre-, vein segments that have ROLLED
away from the place Of their detachment, or masses the
formations that once inclosed which, have eroded and erum
bled.
There is room for a strong appeal to the conscience o
congress through the stirring of the conscience of the PEG
pie, to be framed by some one honest and able. who know
the laws as they are. the decisions that have been renderd
who can appreciate the stupendous riches of our public do
main, capable beyond question of restoring all the rlches o
the world should they be lost. who understands me eh'
of the people toward this greatest of all the peoples posses
sions.
1t should be framed as a measure Of relief against ex
tortion and plumber. The idea that as to posterity the pub
lie lands are a sacred trust should dominate the memorial
The experience of the past rs years of mining iii TIN
United States should be embodied and made the foundation
of a code. Its administration should be productive o
revenues for enforcement and the land department mad
profitable instead Of cumbersome.
There is no hope in warning mining congresses whioi
battle against Institutions rather than In peha1 o prh
ciples.
The question and it's presentation are not within tn
province of the doctrinaire. The magnitude of the indus
tries that might follow judicious bestowals is concsivaoi
only to those who can appreciate the immensely u handi
capped endeavors.
1t would take the whole time and thought of men born t.
the west, reared in its atmosphere familiar with the iega
and other phases. 1t must be done eoncertedly by men VIII
can afford the time and who have the ability to handle
subject so mighty.
will in a future article present views for others t.
think of and to work upon. but the stress of personal affair
will not permit full handling and an attempt at justice t
a theme so important to men of this day and to generation
not born.
Now as to another location stage, putting aside discursiv
digressions. the certificate need not be a complicated paper
The essentials of the location notice will nearly suffice TO
the first record assertion of claim, but reference to promi
nent peaks, to established monuments. for ready identified
ton is necessary and the document must measurably con
form with stakes on the ground.
If claims are worth holding it is worth while seasonaol
to actually survey with instruments and to file .amendef
certificates to conform, to be connected upon plats. and tn
wise buyer will see to it that this foundation of title RICH
is not left until matters become irremediable because of tn
strict observance of statutes by those who quietly ar
founding titles adverse.
Thereafter location and certificate comes that perjury
breeding provision as to the performance of annual labo
to the amount of one hundred dollars. affidavit as to tina
fact being prima facie evidence of its performance. shiftini
the burden of proof to those opposed. 1t is senseless, bens
fits one, distresses many an one, and is worse for its in
ducements are vicious. 1t tempts to falsehood under oath
This requirement, so silly, so idle, so rotten in effect, nigh
be well gotten rid of by the payment of that sum to tn
government, thereby anording a fund that would maintii
regulation of mineral lands, their classification and super
vision, or in lieu of the payment performance that shall b
certified to by an officer duly qualified.
But this is a subject apart, and the next thin
in the order is the procurement of patent. that is the coz
veyance from the government after all specified things a,
been done. and upon payment for the coveted lands.
There is no necessity for obtaining the patent, and prop
critics may be held forever, whether or not incorporated, b!
living to the legal demand. Every suit an owner may re
sort to may be resorted to by the mine claim possessor.
In some places where the taxes are arbitrarily laid am
extortionately, patenting may well be deferred.
1t is of all things essential to correctly found and b.
the methods above pointed out. To correctly proceed ma!
cost initial fees which compared to the loss of ground tina
contains a great mine are as inconsiderable as the interes
paid upon deposits by a New Hampshire savings bank.
The penalty of indifference, of ignorance, and of non-com
phance' may be the loss OF estates, in whole or in paft
immensely valuable.
No one can see into the ground until a hole is drilled
Fractions, fringes, outlying things, have made vast fortuna
in every principal camp in the west. That which may no
be sold for one thousand dollars in January may be cheaI
at s1o,ooo,oOo in June of the same year, or June of the mex
year.
Danger is ever present until defects shall be cured. Their,
are those in every camp on the alert for opportunities tina
you and I uneonsciously hold. that we have not hunted out
and if we have not priced them sufficiently to care for them
why complain if they are wrested from us legally by those
who know in what we have been remiss?
More and more clearly is seen the wisdom of Judge
Mflers decision. We are nov considering a law n LEI
prospectors in upon that part of the public land, those areas
measured by leagues and leagues, however acquired thai
through whatever fraud, jobbed off by whatever clique in
abusive control of this great popular holding, and for means
to give the prospector right to acquire title Notwithstanding
the grant.
One theory is that the United States never parted with
the minerals, that even congress could not do.
The basis of the ownership by the people, that of public
good and OF national necessity, is maintained by some.
We are getting toward the real right though gradually
The law of eminent domain in application to tunnels
penetrating mineral ground is the basis of a recent splendid
Colorado decision that adjacent owners may benefit and
share, may tap with laterals or may extend always upon
fair contribution for maintenance, etc.
Into that decision enters all the argument in this in
stance by me cited. Our second industry in the production
of raw material is beginning to get notice from the courts
as to the rights of the people.
Neglected by the nation, no attempt to fit the governing
laws to the needs of the business, survey made occasionally
at the insistence of a senator who throws it as a sop to the
people he neither serves nor rules. classification neglected,
no attempt at division, no restriction upon avarice and greed.
no SAFETY attempted in the matter of wells and of watering,
the prospector is left to his own devices as to a business
of the most vital national concern.