The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1906-10-13
IGNORANCE OF THE LAW
EXCUSES NO MAN
written for The News By J. W. DEAr)

little in the way of adtudfcated cases
except wha the English reports AFFORD
ed. but today except historically the
same reports are not referred to. The
excellencies OF the Mexican code of
mining rights had no application. Our
statutes were hammered out. loaded
with ~insanely unreasonable require
ments by nationa legislatures COM
posed of farmers and manufacturers
and a few coal miners. touched up by
the graft of politicians and corruption
lists.
For IS years the bar of the west has
been working for ane Interpretation of
insanest statutes. We had to bring up
question by question. seek determine
ton after determination.
The courts were interferred with by
the land department and its assertion
of impossible jurisdiction, with its in
competent weakling commissioners. its
dry goods clerks writing decisions for
chiefs to sign, it's silly tape and its wide
open avenues to public despoilation and
wholesale plumber.
We rode perilous ranges by night,
crossed the mountains upon snow shoes
between billiards.. enduring bitterest
cold. to get the extraordinary RENE
Dies" Injunction, mandamus, and those
orders which should prevent waste of
the substance of these estates capable
of being loaded upon wagons and of
being removed, to prevent waste and ir-
reparable loss and destruction. to head
off the conversion of values whose ex-
act figures had not been determined. to
save the things over which litigation
- IT. foa& r-anru "a tho liEaG nf
many lawyers have gone into these de-
cisions most extensively won.
Our laws in their letter rave never
fitted conditions. Gross injustice is in
some cases unavoidable. Tremendous
expense that no other industry could
bear is possible of entailment and all
for want of simple defining enactments
as to certain rights. because the general
government has not supervised this
most essential industry, has not sur
veyed and classified it's lands. has not
subdivided, has not made specific the
things capable of being made specific,
has not fixed upon maximums and mini
NUNS of holdings, but has allowed tc
hang like the sword of Damocles this
fear as to extra-lateral rights, thar
which no law ever bore greater power
to curse industry, individual and com
munity.
Its assertion except between men OF
exceptional fortunes means disaster I'M
speakable. Its cost is the production
whatever that may be, of superb prop
critics. BY it's enforcement a compare
lively valueless estate may eat up the
most valuable 1t is constituencies
1t was perhaps Incorporated into the
law through mistaken understanding
or rather through flat ignorance of all
mining conditions, but has been pre-
served in the law because avarice has
demanded it's retention so that the pos
sessions of others might be invaded and
appropriated by heaTtiess greed.
There are several ways to fight Il If
taken seasonably and applied surely,
but it took years to invent and to ap-
ply, the best years of the lives of able
men.
The miners of the desert and purchas-
ers from them can save labor. trouble,
worry litigation and loss. by at once
correcting with work. with amended
survey which by it's ties to sections and
to establish monuments will. though
corners and be removed
WdHtOnly, eHdDlo their Te-cStdDllSnIHeH
correctly, by amended records. and by
seeing to it that money paid for annual
labor shall be spent lawfully ard to
advantage and not in dust holes. and
that affidavits in proof of work shall be
true.
There are decisions in Nevada reports
that would not stand the test CT higher
appeal.
We have ~outgrown leading strings, all
in a ome having leaped to lusty
manhood strength and size.
We are not longer children to be cx-
cused, but as ''full-bearded mon" are
to be held to account with the law
Legal sugar plums and loll,pop are
no longer to be substituted for the
strong pabulum required for stern eff
fort-henceforth we will be held legally
responsible for acts overt and covert.
Our privilege is alone in the priority
of possession and of use of this portion
of the public domain, upon and within
which all who shall come have rights
to every and all parts not legally
claimed by strict compliance with
statute law, and statute law is mex
orable. is in no sense subject to equit-
able nor charitable construction.
These new Corners will search the
records and will explore the ground.
Records and monuments, discovery and
performance, must agree.
IT is nonsense to talk of future RENE
diation, of the good intent" after err
rors have been taken advantage of by
others, it is silly and maudlin.
Before establishment of adverse
rights. cross and tapping locations. in
reference, the policy of the law is to
let you correct, amend. make good, but
not so after others have claimed what
you meant to claim but nave been too
negligent to perfect.
Comply with the law and there is lit
tie to fear.
Remember the fundamental maxim of
the law, "Ignorantia legis excusat non.'