The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1908-12-19
SERVICE, ITS ATTITUDE
TOWARD MINING CLAIMS


concerted impetus, bitter attacks have
been made by certain papers in the
mining districts against the manage
ment of the National Forest Service by
Mr.. Pinchot for alleged discrimination
against the mining industry. The Chief
Forcster's letter, therefore, should be
of general interest in that it clearly de
ines the attitude of the service to-
wards miners and their interests under
the laws.-Editor' Note.
Washington, October "a, 1905.
Editor, Denver Post:
Dear Sir-My attention has been
called to editorials in the Denver Post
of October IL and Is discussing the al
legged attitude of the forest service to-
ward mining claims in the national for
ests and toward the mining industry of
Colorado. These editorials contain
such grave misstatements of the laws
which govern prospecting and exploring
for minerals on public lands (~including
the national forests), of the regulations
of the forest service, and of the atti-
tude of that service toward mining de-
velopment, that l deem it wise to lay
a description of the actual situation be-
fore you.
Your editorial of October IL begins:
"Here is plain speech for plain people.
And it is made in honesty to the men
and women of Colorado; to the shop
keepers, the trader, the business man,
and the ~wage-earner. 1t has to do with
the bread and butter question; with the
personal well being of the common citi-
zen; with the future of the state. 1t is
not politics. 1t is not philosophy. 1t
sets forth no opinions. 1t states only
stark facts, and leaves conclusions to
the common sense of the reader
- "Before a prospector can ex-
plore it, Gland in the national forest)
che must get the consent of some one
of Mr.. Pinchot's assistant foresters.
And as none of Mr.. Pinchot's men are
practical miners, consent to explore and
prospect is more often refused than
g~ranted.' = = .sThe Post gives
these facts to it's readers with a gooa
conscience. They are not exaggerated.
They are not imaginary. They are not
campaign arguments They are true
Stake Claims. in your edi-
torial of October Is you say: "Pros-
pectors were denied permission to stake
claims y y = There is no exag-
geration in this statement. Every word
is emphatically true"
The fact is that no regulation of the
forest service has ever denied the right
of any prospector to stake a claim
where and as he chose, in any national
forest in the state of Colorado or else
where. No p~rospector has any need to
ask permission of anyone to stake
claims in the national forests. The law
of June 4, 1897, quoted on page 216 of
the last edition of "The Use Book, y
says: "Nor shall anything herein pro-
hibit any person from entering upon
such forest reservation for all proper
and lawful purposes including that of
prospecting, locating, and developing
the mineral resources thereof: Pro.
vided, That such persons comply with
the rules and regulations covering such
60 -. ~ -. .-J
regulations of the forest service have
ever interfered with the right to pros
pect, locate and develop mineral claims.
The forest service has lone it's best to
make the law and the regulations
known by printing them in the manual
which tells how to use the national for
ests.
Even if the forest service desired to
prevent prospecting in the national for
ests, and it emphatically does not, it
could not do so under the law. If any
forest officer has ever undertaken to
prevent prospecting in Colorado or else
where, he was himself breaking the
law and disobeying the regulations of
the forest service, and no such case has
ever been brought to my attention.
The fact that the forests of Colorado
are freely open to prospecting may be
verified in a moment by reference to the
statutes of the United States. The
hastiest consultation of accessible
authorities would have prevented any
mistake. So far from the national
forests of Colorado being closed to
prospecting, numerous mineral locations
have been and will continue to be made
in them, as the mining men of Colorado
well know.
Your editorial of October Is says:
"Nail these facts down hard. Test
their truth for yourself. You will find
that they are true. They are vital facts,
too.' = "The Regulations of
the forest service'-not the laws of the
United States, remember provide that
a mining prospector can not make a
claim valid unless the can prove to
the forest service that both the char
acter of the mineral and the manner of
its occurrence are such as to warrant
expenditure for development and rea-
sonahla ovnactafiou of a valuable dis