The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1906-01-05
LOCATION LAWS
The Right Way to Secure Mining
Claims

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 surprisingly
ignorant of those features which have 4
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, 70
the extra-lateral right, and to some
other legal phases of mining, are not 80
readily understood, the most astute at
torneys being themselves often at a
loss how to proceed with safety to their
clients, but TIE statutes defining the
location of claims is 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 a 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 hy
plain and easily understood, and for
this reason the conflicts constantly
arising over the ownership of mining
ground should not occur at all. The
fault often LES with the locator him
self, who cs relessly fails to comply
with the requirements of the statutes
and sets up an insufficient number Of
corner monuments or posts-sometimcs
none at all, or putting them at the
proper places, they are so frail as to be
readily destroyed or so i~nconspicuols
as to remain unobserved by others
seeking mining ground. Often too much
dependence 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 If
the territory he locates under the law.
This is insufficient and will not meet
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 cannot be seen,
because of intervening brush, rocks cr
rising ground, then additional interme-
date stakes must be set, so that, in the
language of the statutes, the boundaries
of the location may be plainly traced.
Discovery is the inception of the
miners right. This should first be
made and the location laid out to con-
form to existing conditions-as to
strike of the vein, etc.-as 1ear'y IS
may be ascertained. Often it is diff
lfcult or impossible TO determine, with
out considerable work, the direction If
strike of a vein or ore deposit, and then
the miner must stake the claim to the
best of his ability and judgment. A
claim may be laid out prior to discov-
cry, but it must be remembered that in
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 per-
missible when the outcrop of the vein
is obscure, but a location without pre-
vious discovery is difficult TO hold
against trespassers.
The mining law should be amended
in this respect that the bona fde loca-
tor may have sufficient time, based
upon continued work, within which he
may hold his claim against others while
searching for the vein or deposit Of
mineral believed to lie beneath the
surface. Occurrences of this character
are numerous in regions of bedded de-
posits, deep placers and fiat veins, but
no law exists on the statute books
which makes provision for discovery
under such conditions.
The most confusing feature of min
ing legislation is the lack of uniformity
of state laws. The several states have
the power to enact laws regulating the
location and development of mineral
lands, providing such enactments do
not conflict with the United States
laws, and most of the states have taken
advantage of this to pass laws calcu-
lated to promote the development with
in a limited time-60 to 80 days, gen
orally this requirement being made a
part Of the act of location. Laws of
this character have been proven to be
beneficial to the legitimate and mo.e
| speedy development of the mineral
lands of those states, as it does not
permit the location of mineral grounl