The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-09-17
SENATOR kEARNS'
IDEA APPROVED
Chicago Mining World Agrees
That Mining Judge Is
Badly Needed.
THINKS THE PRESIDENT
WILL HEED SUGGESTION
Lack of Mining Training Often
May Turn Decision
Wrong Way.

shown by the Federal government to
the agricultural and Industrial forces
that have national bureaus whose heads
are members of the Cabinet, says the
Mining World of Chicago. There Is need
for Department Of Mines. and while
Congress on vacation may not remember
It's debate on this vital topic, Senator
kenrns Of Utah Is making ,ublic plea
Tor the appointment of mining Judge
to succeed Justice Harlan, who Will soon
retire from the United States Supreme
court. The Senator with inherent ma
tive wisdom mentions several prominent
Western jurists, not forgetting his own
State. who arc eligible for the highest
judicial seat In a Republic.
L wonder says Senator Kearns. "if
our statesmen, our publicists, and those
who make and administer the law, real
iZe the vast influence which mining In
the United States has on tho country's
commerce? l wonder II Congress and the
President have shown that deep concern
for this great industry it's commercial
Importance md influence deserves7
wonder II tho people understand how
much 1t contributes TO their material
welfare?"
Yes, and no. Senator, Legislators
whom you probably know, as well as
the President, show interest in the min
eral Industry only when the public wants
to know why the antitrust law is not en-
forced to the letter, and why Govern
ment ownership and operation of mines
would not remedy the existing economic
conditions that are SO largely influenced
by the combinations. AS you know, Sen
ator, aside from the large returns re-
ceived by investors in the mineral in
dustry, enormous sums are collected by
the railroads for carrying the products,
and In some cases this trafhc consti-
tutes the main support Of the trans
portation companies.
Greatest of All.
'"It is not sufficient to say remarks
Senator Kearns, that the mining indus
try OF the United States Is the greatest,
is the most important, has the largest
capital invested or is the most progress
slve, for while these things are true.
1t may also be said the industry is en-
bryonic. The countrys vast mineral re-
sources are yet untouched. Mountains
that yield no profits or small profits to-
day, under the touch OF modern appll
ances and equipment tomorrow Will pour
forth great streams Of wealth. And this
wealth Is national wealth. This develop
ment is national development. The
product Of this field OF industry Is the
strongest pillar in the countrys CONNER
cial prosperity"
According to the Mining Worlds stat
istlcian, the United States is producing
over 81 500 900 900 worth of minerals and
metals annually, products that are not
only consumed In this country, but sup
ply also large part OF the worlds de-
mand. But then why expect the general
public to appreciate the vast extent OF
our mineral wealth when, as Senator
Kearns intimates, mot the most thought
full, nor the most enthusiastic man-who
lives among the mines and witnesses the
tremendous work already being accom-
plished In the West-can understand the
Importance OF all this on the country
at large. He sees cities builded with
this wealth. He realizes that hundreds
of thousands are daily employed in the
expanding of the industry. He knows
what local influence is exerted. but Its
effect on the commerce Of the country
generally he does not conceive, because
IL is inconceivable.
Survey Is Doing Good.
Fortunately, the United States Geo
logical Survey, with its limited appro-
priation is accomplishing something
toward educating the public TO under
stand better the Nations growing min
eral wealth. by disseminating much val
liable information on the economic i'm
portance OF the great variety OF miner
ais that are produced, This informa-
tion rightly should be distributed by
Department OF Mines. which shall aid
trys development, but"-and here is
where Senator Kearns turns on the bea-
con light-"care should be taken that at
least one member of the court of last
resort be sufficiently trained In mining
law and In the nomenclature Of mines TO
properly understand the intricacies Of
mining litigation. So often do rights to
vast properties depend on the interpre
tation Of a word or Of an expression that
the most learned justice Is apt TO err,
much more him whose training and
whose personal observation have not
fitted him for this work"
1t seems hardly necessary to say that
mining controversy which is highly ex-
penslve, may often turn the scales Of
Justice when one litigant has more money
than the other, and when. the judiciary
has among It's members, Judges who lack
the proper training In this special field.
Mining cases are most Intricate, and
sometimes, as in the Butte litigation, 1t
becomes necessary for the contending
parties to pool their interests into one
large corporation. in order that there
might be a settlement before the Day OF
Judgment,
There is every reason to belieye that
the next few years Will witness mining
litigation Of such tremendous Importance
that 1t would seem to be not only pro-
priety, but almost obligatory that mem
bers of Congress from the West bring
this matter (of appointing a mining
Judge to the United States Supreme
bench) to the attention Of the President.
AS at present constituted no member has
had training in mining law" Therefore.
Senator Kearns suggests the selection of
mining lawyer to the Supreme bench
from the mining States. as he would
be better trained because of his expe-
rience and his environment"
II would not be surprising II Presi-
dent Roosevelt established q precedent
by appointing mining lawyer to the
vacancy on the United States Supreme
bench. The President has distinguished
himself on several occasions recently,
so why not believe he will favor the sug-
gestion of Senator Kearns. and incident
ally do justice TO the mineral industry?
Mining RYauks