Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-07-20
FOREST RESERVE ACT.
Regulations Governing the Taking Up
OF Mining Claims.

The mining interests in the west are
waking up to the fact that consider
able mining territory is being grabbed
up under the national forest reserves
act and in contests with agricultural
claimants, says am eastern exchange.
Steps are under way To address
memorial on the matter To Congress
In the regulations and instructions for
the guidance of the officers OF the
forest reserves such exacting require
ments are made in regard TO the eX
animation and tests of mining claims
by the forest officer as to make II a
very exceptional prospect that viii pass
the scrutiny. The. officer must meas
ure the width of the vein. sample each
grade of ore. carefully wrap and label
the sample, place II under lock and
key to prevent sailing" and in the
event of a contest or adverse report
by the inspector, he must send 1t to
the assayer of the mint at Denver,
Carson City and Seattle to be assayed.
Upon The basis of his investigation,
the officer decides whether or not the
claim is of commercial value. If not
of commercial value, nor capable of
being made so Immediately, the claim
ants application Is rejected.
The laws of the United States permit
claimant to apply for and secure pat
ent after the expenditure of $500 worth
of work upon mining claim. The
courts, both federal and state, have held
that in the absence of an agricultural
contest for the land. small evidence OF
actual ore-value need be shown in or
der TO uphold mining location, 1t
is a rule practically universal in the
courts that II the vein or lode locat-
ed is such as TO justify a person of
ordinary intelligence in following up
the indications of ore and in expanding
his time and money in its development
1t affords a sufficient discovery to
justify and uphold the location. But
the officers OF the land department
require very much more stringent tests
They apply such tests as are applied
TO fully developed and marketable
nine
These tests" says the memorial
ARE unauthorized by law, entirely UNI
reasonable and unduly exactiug and
have been formulated by some person
or persons who are ignorant of the
conditions of ordinary mining. Such
tests have never been applied before
In the history of the mining In tho
United States. The laws of the United
States require only $500 worth of work
TO he performed or improvements to be
made upon mining claim before one
may apply for patent. When these
improvements have been made. IL he
has a vein such as the courts have
held sufficient to justify the location.
he Is entitled TO patent under the
laws of the United States. whether the
claim be situated upon a forest re-
serve or elsewhere,
"rle Officers OF the national forest
reserves have formulated rules prac-
tically multiplying the laws Of Congress.
and with which 1t Is almost an impos-
siblity to comply Notwithstanding the
entire good faith OF the applicant, Five
hundred dollafs does not go far. as a
rule, toward developing n paying mine,
and after the expenditure OF that sum
II is a rare mine indeed that will re-
Hpond IN the tests required by the
officers OF the land department.
eft requires a mining expert OF rare
judgment and foresight 10 determine
the prospective value OF mining
claim, and even men OF the highest
qualifications IN this respect sometimes
ind that their unfavorahle Judgment
Of a mining claim has proved erroneous
and short sighted. The land depart.
ment does not employ men who are
entitled n judged by ability and eS-
perence, Ia be called mining experts"