Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1906-12-15

MORE REGARDING FOREST
RESERV AND MINING

MORE REGARDING FOREST
RESER ES AND MINING =.
Our observations regarding the rela-
tions between the forest service and the
various phases of mining have aroused
considerable interest and have caused a
number of inquiries to be made further
into the subject. We believe that it is a
sufficiently live subject to warrant such
further observations as seem pertinent
from time to time, and accordingly again
call attention to certain facts that may
not be entirely clear.
We have previously pointed out that
the forest service is most favorably in
clined to recognize legitimate mineral
or other claims made on forest reserves,
insisting only that the claim shall have
been made in good faith and that il
shall be more valuable for the purpose
for which it is made than the reserve is
for the forest which it seeks to protect
for the common good. Thus mineral
claims, water rights and any other hold
ings on forest reserves which have been
subjected to the government investiga-
ton bear in a measure an unofficial
stamp of approval While it's wholly
outside the scope of the forest service or
the department of agriculture to pass Of
ficially on the status of a mining claim
or other holding it is within its province
to carefully investigate such holding
and ascertain its probable validity. In
this way investors in such projects have
at least theoretical protection against
fraudulent schemes, though all such
projects should as soon as possible re.
ceive the approval of the proper author
tiles.
The attitude Of the forest service to
the location of mining claims on re-
serves is well set forth on the official re-
port blank that is provided for such
cases. The forest officer investigating
such a claim is advised that "the mere
color of mineral in rock or ground on a
tract Of land, while it may constitute
presumptiye evidence of the presence OF
mineral, does not argue for moment
that that tract is valuable and lucra-
tive mining property; that 1t is of any
value at all for its minerals, or to make
more pertinent illustration, that it is
| half as valuable for minerals as it issfor
the timber on it, or for agricultural pur'
poses and the fact that IN individual
or a company has made excavations or
performed other work on claim entire
| ly barren of results, so far as any de-
yelopmeut Of mineral or prospect OF
mineral in paying quantities appears,
and without any apparent expectation
of anything Of the sort, and for the evi-
den, purpose only of holding the land
for timber or for valuable springs or for
agricultural purposes, where an agricul.
tural entry cannot legally be made is a
pertinent fact or set Of facts, and your
report in each and every case should
cover this ground fully.'
Here we have the perfectly fair atti-
tude of the service toward mining
Wherever paying mineral ground can
be shown to exist it may be claimed as
such, but the most stringent rules are
adopted to prevent the preparation OF
fraud against the government
1t has been found that certain other
regulations regarding the forest service
are not clearly understood, for example
the status Of water rights and the fumes
and bitches constructed for their use
wherever such rights or structures enter
or are built upon reserves. The enjoy
ment of such rights or the construction
of such fumes and bitches is in the ma
ture Of trespass against the United
States, and the trespasser is liable tC
prosecution and his improvements be
come Immediately the property of th'
| United States. In fact there are 81
many cases that might arise regardin,
rights on forest reserves, that We advise
any and all who have or think they have
any claims or holdings on forest re
serves. to investigate such holdings ant
ascertain whether they can secure lega
right to such privileges or whether the.
are trespassers.
Transactions with the forest servic
will be greatly facilitated by Il clear un
derstanding of the purposes for which
it was created and the method by whicl
it operates. Its establishment is pa
ternal step on the part of the govern
: ment, an effort to preserve for the com
mon wealth certain valuable possession
which in the ignorance or yiciousnes
of man would not long be preserved
The main spirit of the service bein
that of protection and aid, it will b
seen that any man seeking legitmat
concessions from the service has lttl
to fear and will not only be granite
, such concessions, but the forest officer
, are instructed to render every assistanc
and courtesy in helping him to secur
them. As ignorance of the law excuse
no man, it behooves those who may poi
, sibly have relations with the forest sci
i. vice to ascertain their status as soon 8
possib ible.-Denyer Mining Reporter.
To Protect Game and Fish.
! Members Of the committee appointe
by the South Dakota Game q Fish Pre-