The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1909-05-09

in Denver last week w. G. NJ. Stone
the president. received letter from
clifford pinehot, head of the national
bureau of forestry, and 1t was pub
llely read Ii bears particularly
npon the question OF the forest re-
serves, and Mr.. Pinchot declares
entire sympathy with the developers
of mines. lie insists that it Is the
intention OF the national bureau TO
see that the miners rights. under
United States laws, are enjoyed with
in the forest reserves exactly as else
where. II the miner is harassed or
impeded In any way by forestry
agents. he wants 10 know II, and he
says that the majority of cases ex-
amined by the forestry agents have
been reported favorahly to the min
eral loeators.
There is not one law for the pat
ent ing of mining claims upon the un-
reserved public domain and another
law for national forests. At the
same time 1t must be recognized that
on national forests the forest service
must in the performance OF its duty
TO administer lands as forests. take
action when the Law itself Is about TO
be eyaded to defeaf the purpose for
which the forests We're set aside.
Real miners should themselves reeog
nize that their interests are not
identical with the interests of those
who wish, under color of the mining
laws. 10 hold or get title to lands for
other than mining purposes.
Il wish to make my position clear
with the utmost definiteness SO that
If actions OF forsest service officers
fail to square with that position. the
responsibility may be placed upon
me and | may take steps TO right the
wrong The rights of miners are de-
fined b. law can not go back of
II. and. so far as IL concerns the ac-
qurlng of title. | do not execute 1t.
But | do moi wish 10 stop with the
letter of the law. In tho sense of CIV
ing the miner just what the law gives
him and no more. | will go just as
far to help the legitimate miners as |
can without doing Injustice Ia the
rights of the public. To the extent
Of my power | will see 10 It. and am
seeing To Il. that h. has preserved
for him the timber which he will need
70 develop his mine. and that he gets
IL al fair price. not monopoly
price II he needs the grass on his
claim for his own work animals, II
he Is outside of a national forest and
In state which has a fence law, he
cannot protect IL without fencing, but
within national forest the necessary
grass Is assured him without charge.
ON the other hand. no man may. II
can prevent him by making the facts
known, initiate or patent mining or
other claims In national forests In or
der to obtain. Ivy the sale of timber
or grass or the control OF water or
the land itself a return which the
law did not intend To give.
ITO prevent such things. IL is right
that claims within national forests
should be examined by forest officers
before they go To patent, or when the
land appears 10 be held improperly.
In way To interfere with the ma
tlonal forest administration. In the
case of mining claims. so far as the
resources of the forest service have
permitted all examinations have been
made by mining experts and geoio-
gists 1t must be borne In mind,
however. that under no circumstances
does or can the forest service or any
employe OF the forest service decide
whether claim Is good or not. Ihat
rests with the land office. The Tor
est service simply states the facts. as
II finds them. and reports its con-
elusion on those facts. The land
office applies the law TO the case. and
decides whether. In view of the facts
as presented. hearing should be
ordered before the claim Is allowed
to go to patent. II the statement OF
the facts Is wrong, the claimant has
every opportunity TO show al the
hearing that II is wrong. In other
words. the forest reserve appears
merely TO bring out the facts II can
never be the Judge in the case.
Nevertheless. | recognize that 10
subject claimants TO the annoyance
and expense OF a hearing needlessiy
would be TO harass and impede them
in the exercise OF their rights the
forest service must not show an OBJ
structive, litlglous or unfriendly spirit
towards those who are entitled 70
their claims. There appears 10 be
belief In some quarters that 1t Is tue
policy OF the forest service To make
1t as hard as possible for claimants
to establish their rights within ma
tional forests, and that In pursuance
of this policy II has sought to DIS
courage claimants by forcing them 10
contest, whether they have good
claim or not This Is not true Inc
larger majority of claims examined
are reported on favorably If II shali
appear that In any locality claims
sent to hearing In any considerable
numbers, this fact Will in itself be
evidence that the forest service has
been over Jealous. Forest officers
must hQ zaalaaa and affipiant In pro-