Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1908-08-14
U. 5. Register at Boise
Gives Miners A
Square Deal
Holders Of Mineral Lands Have
Heretofore Been Subject to
Unjust Rulings.


William Balderston, the scholarly and
practical register Of the United States
land office at Boise. has Just been sus-
tained BY the general land Office in
what may truly be termed 4 revolution
ary decision that means great things TO
Idaho.
The decision was in a case wherein
the state sought TO take as lieu lands a
mineral claim that had been held and
worked by Daniel Morgan as z placer
nine The state claimed that the land
was not mineral, and SO was open 70
entry as lieu lands-or, if the claim
were so established, It would De open
TO entry under any Of the other forms
of land entry applicable TO such land
Morgan, who had not actually mined
the whole claim, held that It was Of
mineral bearing formation, and that it
was properly subject 10 entry only
under the mineral laws.
The important part Of the decision Is
as follows:
The purpose OF the government is
TO withhold mineral land from other
forms Of entry. This IS emphasized
throughout the statutes affecting the
public domain 1t IS made plain that
the government viii not pass title to
mineral lands excepting under the
mineral laws, If IL car be avoided
: > al -
be determined and the fact brought
10 the attention Of the government
while It still holds title and we
therefore hold the testimony as to all
the mining claims involved IN the cor
test was properly admitted and made
apparent that the entire tract IS of
such mineral character that II cannot
be entered or settled under any but
the mineral land law.
In affiming the decision the commits
sioner says: The testimony, however,
diselcses that other mining claims on
the land were being held ana worked
for their mineral deposits and that a
greater portion OF the land was mineral
in character. The act of congress ex-
pressly excepts mineral land, and It IS
the duty OF the department to inquire
into the character of land up 70 date
and approval and certi6eatiol Of the
In not few cases, indeed, in most
cases. the prospeetOr IS given the worst
Of the decision, and is required to ac-
rually prove that all the land is aetu-
ally profitable for mining. This is
impossible for the typical
who Is a man OF small
means. The trend Of the decisions IS
that if mine is not actually paying,
{ IS not mineral land in the intent Of
ne law. Such a forced Interpretation
las worked a great hardship to the
mining industry; for under this theory
many of the greatest mines Of the
world would at some time be held %
,e nOn-mineraL The Drum Lummon.
n Montana, for instance, out Of which
Thomas Powers, a penniless prospector,
made himself a multi-milliOnaire, was
It one time deserted. after having been
worked for years; and such a law
would have brought It back into the
or timber or stone class Of
,uhlie lands. There is hardly a mine
hat has not gone through a somewhat
imilar experience. The great Butte
mines. worked first as placer proper
les, and then for their silver. were all
vt worthless when the silver values
,egan TO turn into copper.
Under the old Interpretation it was
,ossible for any one 10 file timber
nd stone or homestead entry over any
mining claim that was not actually
aging. and throw the hard working
amer OF the land ne might have
-orked for years. This has occurred In
lore than one instance here in Idaho.
Lr. Balderston. the register who started
lie eommon-sense revolution for the
ghts Of the miner. believes that the
apartment VIII sweep away the old
-actice and give the miners their plain
yhts hereafter.