Bisbee daily review., 1909-06-26

LVdUtAcoH oPPAtNtoNNo the importance of the conservation of our natural resources. and none more than the mining engineer He has seen the depletion of these resources by extravaganza and waste but he knows, on the other hand, that the term of waste is relative one. Some of the methods of conservation, some of the lines that have been drawn about the uses of property. and inter- pretations that have recently been given existing laws are unreasonable and peculiarly irritating. These re- strictions are a heritage from the Roosevelt regime. and much as we may admire that regime and apprecl- ate some of its results, sharp pro test should be made
 I am thinkink now particularly Of the lines that have been drawn about the patenting of lode-mining claims. The attitude and procedure adopted by the land office in enforcing the re- quirements of mineral showings on lode claims prior to patent are such as must have an effect directly con trary to that intended by the law, and are making it doubly hard for the prospector or man of small cap ital to secure patent at all. The fed eral statute on this subect provides for the location of mining claims up on veins or lodes of quartz or other rock in place bearing gold. silver. cinnabar, lead, tin, copper or other valuable deposits" and it states that mo location of a mining claim shall be made until the discovery of the vein or lode within the limit of the claim located"
 Of course, the former custom of permitting a location to be patented with no investigation of the supposed mineral-bearing lode and no knowl. edge on the part of the proper officers Of government of the facts as to whether or not there did actually ex- list upon the property any mineral | bearing lode at all, was unnecessa- rily loose and careless. This has been gradually changed from time to time
 until now the requirements are IS
 much too severe as they were too simple
 The present policy of the land office seems to be to enforce strictly the letter of the federal statute and 10
 require clear proof that the discovery
 of mineral-bearing lode in place
 within the lines of each location has been made, before issuing patent. In
 carrying out this policy each claim for whifh patent application has been
 made is inspected and reported upon by an officer of the land deartmeni
 before the claim is approved for pat. lent
 Under the lond-office regulations Inow in force, the country is divided Unto co-called field divisions, at the head of each of which is the chief oi the field division, and the inspection of mining claims is made under hi;
 direction. When an application for
 patent is filed in the local land office !, steps are taken at once to have il
 examined and reported upon by an inspector. If within a forest reserve inspection is made by forest super
 visor. CT by someone acting under hi' direction. and If not in a national forest it is examined by an inspector
 sent by the chief of the field division
 In either case the inspection is con fl trolled by the chief, and the repor' ] based upon 1t may be accompanied bl recommendations from him. His at ] titude is. therefore. of importance.
 Papers relative to the case are for
 warded to the general land oflice al Washington. If the inspection and . lreport are favorable patent issues without unusual delay. but if unfavor
 able the local land officers are ap prised of the fact and send notice Ito the mineral claimant specifying
 the charge made against the issue O la patent. The claimant is then re iquired to file, within thirty days, IT
 answer under oath to these charges
 denying them, or setting forth a stat' of facts showing them to be imma
 terial, and calling for a hearing. Al
 this hearing the Governmnt is rep
 resented by the chief of the field division. who acts in direct opposi ] ton to the claimant This Is not his province, for the Government should not, and probably does not. desire ] that the claimant shall be loser jr the contest, or shall be made to strug gle against the concentrated power o , the United States, but that he shall
 have justice. The local land officers
 before whom the case Is heard decide on the evidence, which is then sub Iject to review by the general land iofice at Washington.
 The land department is much more lexacting in enforcing the require
 ment that lode be discovered within the lines of the claim that it should be. than the laws intend it to be. Re