The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-06-27

terests, and they have already bought
i give this on the authority Of a
trade journal-l6,000 acres in Tenncs-
see, and are buying options on 10000
moro. That means that Tennessee
phosphate is to 20 abroad where they
need it,
| Frank Pierce, assistant secretary Of
| the department Of tho interior, told the
committee the condition OF the claims
that had been already patented in the
land Office, and then made tho sugges-
tion that congress should pass some act
which would keep the phospllates with
IN this country. He declared that this
would best be accomplished by leasing
the phosphate deposits, providing in
the leases that there should he no on
ports of phosphates, and also providing
against monopoly. Mr. Pierce submit
ted TO the committee n bill embodying
this idea. In reference to the claims
that had already been located, Mr..
Pierce said that If these claims were
originally located as placer claims, and
were free from fraud the department
was willing 10 issue patents; also, if
the claims were originally located as
lode claims, the department was willing
to issue patents to those locators for
lode claims. He further suggested that
each bona fidc locator have The claims
TO his land as he located it sent to the
courts for the ultimate determination
as to whether it be lode or placer. If
il be held "lode.' the placer appli-
cant could not take it. unless he had
claimed il MS lode within a placer; if
it be held "placer,' the applicant
certainly will take it under placer
location or under a lode location (but
without dip rights). Mr.. Pierce re
fpTrp1 tp tbot olanSa Of iba hill W .birh
provided that no title to lands under
the mineral lode laws shall give the
locator any right beyond the pcrpen
dicular limits of his claim, and asked
that 1t be stricken out. lie said the
bill treated of future locations, and |
classified them as placers, and that the |
general law provided that placer loca !
tlons shall not have any cXtra-Jateral
rights, lie said that If this was in
tended TO refer TO locations already |
made, he did not think that congress
ought to assume TO take away the eX
ira lateral rights Of n locator which are |
granted to him by the general mining |
law. He suggested that if the with |
drawal of the lands was revoked. the |
lands be treated rs though containing
placer deposits.
H. f. Payson. representing the To-
Gators under the lode law, declared that
lode location was the only y proper
one. Az this point Mr., Mondcll sug-
gested that, owing TO the nature Of the
deposits. if a claim was patented under
the lode laws, locator, instead of get
ting fifteen acres, might be getting
$4,000 acres. Mr. Smith Of the survey
made the statement that in Wyoming,
near Nugget. the phosphate beds lie in
such way that the eXtra-lateral right
would extend, possibly SIX or eight
miles: up TO Il point where Il fault cuts
off the bed. MIR. Payson replied that
the man who discovers the lode, puts
his money into il, and commences TO
dig, ought to have the right to follow
his dip. just as long. as that vein is .
continuous, no matter if it goes down to
the center of the earth, if the heat
would permit him to mine it. In an ,
swer to a question, Mr., Payson denied
any. knowledge of fertilizer trust. He !
denied the power of congress to amend !
the lode laws in such manner as to
cut off the extralatcral rights, as this !
was n vested right, Mr.. Pierce coin /,
:lded in this by declaring that it would :
be an exceedingly unwise policy for :
congress to pass any law that takes +
away any rights which the mining To-
:ator thinks, and has thought for over
or yeas, are vested rights. Mr.. Pay
son v61tured the statement that the .
proposition to prohibit the expectation