Gilpin observer., 1907-10-24
NEWS FROM THE MINES AND MILLS
Law of the Apex to be Discussed.


With a program suggestive Of such
practical discussion as will lead to a
betterment of conditions surrounding
the mining industry, the annual meet
ing Of the American Mining congress
will open in Joplin, Missouri, Novem
ber 18th. Papers on practical sub
jects will be presented by men ac-
knOwledged to be afthorities in their
various lines and It is believed that
the sessions will be productive of i'm
provement in the service, decrease
in the cost of ore treatment and an
increase in 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 metallurgical indus
tries in all their various branches
within the United States; to assist in
bringing about a more perfect coop
Grafton between the government of
the United States and the develop
ment of mining and metallurgy; to
promote more cooperative tendency
in the evolution of agriculture, min
commerce; and for the particular
purpose of bringing the mining men
of the United States into closer rela-
tion with one another through social
intercourse and the discussion of mu-
tual interests.
The creation by congress of de-
partment of mining as a separate exc
cutive branch of the national govern
ment will receive special considera-
tion. A campaign will be inaugurated
which it is hoped will result in the
early appointment of secretary OF
mining. There is a well recognized
need for more assistance from the
government in the mining industry to
prevent a scarcity of those metals
which are the basis of manufacturing
and without which the industrial pro-
gress of the country must decline.
At the last session of this congress
two laws were approved and recon-
mended to the various state legisla-
lures for enactment The first, for the
protection of mining investors, was
enacted by number of the states and
it 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
and considered: General revision of
| mining laws; laws for the prevention
of mine accidents. side-line location
law, abolishing extralateral or 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
/ xx-hi irt cnhioct Il Cnlhrrn nf
this city, is chairman of the commit
tee. At the last session discussion
took place between the American
Smelling & Refining Company and the
ore producers on THE Mutual Rela-
tions and Grievances of the Smelling
Trust and 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 it is making enormous pro-
fits upon a capitalization largely
watered, that through the railroads II
is able to stifle competition, and that
its present rate OF growth will enable
it in a shcrt time 10 control both pro
drction and market. and to absolutely
control the independent miner.
On the other nand it is asserted that
there is no smelteT trust, that competi-
tioh 10 CNSly POooioiC TIA
the profits made by the smelters are
fair and reasonable.
This question is one of vital impor-
tance and the Amer rican Mining Con.
gress has undertaken an investigation
such as will enable it to reach 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 smelling in every sec.
tion of the country
The principal address of the Con.
gress 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
the law of the apex. which gives to the
owner of the outcropping or apex of a
vein the right to follow the vein wher
ever it may so. 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. 1t came about
in this way. In Clifton. Arizona. was
mine which was adjacent to the ia
nous Longfellow mine. owned by the
Lesinsky company. Their extraction
operations had been confined to the
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 II was agreed to
abolish the law OF the apex as far as
the three mines in that locality were
concerned. and that they would apply
the common law fule that side and