The Idaho Springs siftings-news., 1907-10-26
Law G the Apex 70 be Discussed.

practlca. discussion as will lead to a
betterlueHt of conditions surrounding
the mining Industry, the annual meet
ing OF tin American Mining congress
will open Ia Joplin. Missouri, Novem
ber l%tA, Papers on practical sub
jects Will De presented by men ac-
knowledeyd To be authorities in their
various lIurs and it is believed that
the sessions will be productive of I'M
provemt ut i'll the service. a decrease
in the cost of ore treatment and an
increase IA mineral production.
The purpose of this organization, OF
which James F. Callbreath, Jr.. of this
city, is The secretary, is to advance
the mining and metallursical indus
tries il a their various branches
within 1pr United States; to assist in
bringiES about a more perfect coop
GRAFTON h.Cween the government OF
the United States and the develop
ment OF mining and metallurgy, to
prOmote Il more cooperative tendency
in the e1ulution of agriculture, min
ing, manufacturing, transportation and
commeTcy, and for the particular
purpose O. bringing the mining men
Of the ''nited States into closer rela-
tion with one another through social
intercuIrsr and the discussion OF mu-
tual interests.
The creation by congress of de-
partmeut OF mining as separate exc
cutive branch of the national govern
ment Will receive special considera-
tion. \ campaign will be inaugurated
which II is hoped will result i'll the
early apIalntm.nt of secretary OF
mining. There is a well recognized
! need iur more assistance from the
government in the mining industry to
prevenI Il scarcity of those metals
which are the basis OF manufacturing
and without which the industrial pro
gress ot The country must decline.
At the last session of this congress
two laws We're approved and recon-
mended to the various state legisla-
I lures for enactment The first, for the
protection of mining investors, was
enacted by number of the states and
! 1t is expected that legislation of sim
liar character will be approved in all
the states, The second related to the
creation of mine drainage districts AT
the coming session reports OF the fol-
| lowing committees will be received
+ anu CtnSllttFtu. NItupIdl ItNlSloA VI
mining laws: laws for the prevention
/ OF min accidents. side-line location
/ law. abolishing extralateral OF apex
rights law for the protection of min
/ ing investors.
One of the most important discus
sions Of the congress will be regard
/ ing the question of smelter rates, on
which subject Judge E. A. Colburn of
this city, is chairman of the commit
| tee. Al the last session discussion
took nlace between the American
Smeltng & Refining Company and the
ore producers on THE Mutual Rela
tions and Grievances of the Smelling
Trust. ard the Ore Producer 1t is
freely charged by many ore producers
that the so-called smelter trust is max
ing extortionate charges for its serv
ice; that 1t is making enormous pro
fits upon capitalization largely
watered, that thr 1ush the railroads II
is able to stifie competition, and that
its present rate of growth will enable
it in short time TO control both pro
duction and market, and to absolutely
control the independent miner.
On the other nand it is asserted that
there is no smeltei trust, that Compet
tion is everywhere possible and that
} 1he pFOulS made ny tne smelleIS are
fair and reasonable.
This question is one of vital impor
tance and the Anne rican Mining Con
eress has undertaken an investigation
such as will enable it to reach a fair
conclusion as to The justice or injus
tice OF the charges Information will
be gathered as to the exact condition
in regard to ore slnclting in every sec
tion OF the county.
The principal address of the Con
aress will be delivered by DR.. James
Douglas of New York city on Cooper
alton between Mining Companies in
the Same District" This will take up
tine law Of the apex. which gives to tn,
owner OF the outCropping or apex of a
vein the right to follow the vein whe,-
ever it may go. This is what is called
extra lateral right and will be one O
the most important questions to come
up before the congress. In Arizona
they have no mining litigation and
the profits are not shared with the
lawyers, but the earnings are put into
the mines and railroads and an inde-
pendent system being built which will
be helpful to everybody. It came about
in this way. In Clifton. Arizona, was
a mine which was adjacent to the ia
nous Longfellow mine, owned by the
Lesinsky company. Their extraction
operations had been confined to tn"
Longfellow mine and next door to
them company had been organized
by some Detroit gentlemen, known as
the Detroit Copper Company, at the
little town of Morenci, which then con
sisted OF single tent. A side-line
agreement was made between the
Longfellow company and the Detroit
people by which it was agreed to
abolish the law Of the apex as far as
the three mines in that locality We're
concerned, and that they would apply
the common law 1ule that side and
end lines carried down vertically
would limit their properties. The re