The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1908-11-24
MINING RIGHTS AND FORESTRY.

We have from Mr. Clifford Pinchot,
chief of the National Forestry service,
an article in refutation Of certain
structures upon the acts of that service,
made in the editorial columns of tho
Denver Post That portion of Mr.,
Pinchot's S answer which refers to the
location OF mines on forestry reserves
is. Of general interest. Tho Post had
charged that prospcctors were denied
permission TO stake claims on the forest
reserves To this Mr.. Pinchot makes
this conclusive reply;
The fact is that no regulation OF tho
Forest Service has ever denied the right
OF any prospectoU TO stake claim where
and as he chose. IN any National Forest
IN the State of Colorado or elsewhere No
prospector has any need TO ask permission
OF any one 10 stake claims in the Ma
toual Forests. Tho law of June J, 1897.
quoted on page 216 OF the last edition of
"The Use Book" says: Nor shall any
thing herein prohibit any person from en-
iering upon such forest reservations for
all proper and lawful purposes Including
that OF prospecting. locating. and devel-
oping the mineral resources thereof:
Provided. That such persons comply with
the rules and regulations covering such
forest reservations" No rules and regu-
latIons of the Forest Service have ever
irterfered with the right 10 prospect. To-
cate and develop mineral claims. Tho
Forest Service has done Its best To make
the law and the regulations known by
printing them In tho manual which tells
how to use the National Forests
Even IL the Forest Service desired TO
prevent prospecting In the National For
ests. and IT emph2tically docs not. II
could not do SO under the law. Ii any
F'orcs, officer has ever undertaken 70 pre-
vent prospecting in Colorado or else
where ho was himself breaking the law
and disobeying the regulations OF TN"
Forest Service and no such case has
ever been brought 10 my attention.
The fact that the forests OF Colorado
verified in a moment by reference TO tho
statutes uf the United States. The has
uest consultation OF accessible authorities
would have prevented any mistake So
far from the National Forests of Colo
rado being closed To prospecting. numeT
Gus mineral locations have been and viii
continue TO be made in them, as the
mining men Of Colorado we'll know.
And further, in regard TO thc control
of mining rights. Mr.. Pincbot shows
that everything relating thereto, includ-
ing the issuing of patents, il in the
hands of the Secretary OF the Interior,
tho forestry service having nothing 10
do with that matter in any of It's
phases, save only as thus explained:
The Forest Service has never denied n
patent 20 any mineral claim I'm any Ma
tionnl Forest. nor declared Che same To- oc
invalid. for II has no right TO do so. Rut
II Is the duty OF the Forest Service un-
der the law. TO report 10 the Department
OF the Interior. upon It's request. the ac-
tual facts on the ground concerning any
claim or location within a National For
eft, 10 enable The Department OF the In
terror 10 form n judgment as To- the va
lidity 81 such claim or location. Tho De
r0rtment OF thr Interior forms that jud.y-
ment and acts upon 1.-THE Forest Scrv-
ice merely reports such facts as il finds
IL is not the judge. but merely a witness
In the case.
Two further points arc made clear by
Mr. Pincbot in the following para.
graphs:
Tn" Forest Service has had charge of
the National Fo-csts since February 1
1905. something less than four years
During that time the Forest Service, as
already explained. has neither approved
nor denied single claim. The law abso-
lutcly prohibits any such action by rnv
one outside the Department OF tho In
terioT.
At my invitation of October 10, Tho
President OF tho American -M'riu5 C7n-