The copper era., 1909-11-18


 tion has deceived itself, is mistaken, and a consequence of it's mistake, among other consequences, is the bad effect of the National Forest Service on the mining industry.
 Specifically, the counts of the cou- plaint of the mining industry against the personal administration of the National Forest Service, charging the cumulative bad effect of it, are two, as follows:
 That the personal administration of the National Forest Service ad- ministers a commercial policy which increases the cost of mining directly, and involves the industry in com- pliance with time consuming official regulations which further increase the cost of mining indirectly.
 These particular added costs and such official regulations were specifi- cally waived or disclaimed as govern mental policy in the mining statutes of the United States, which have never been repealed or so amended as to admit of their opposite becom- ing the governmental policy.
 First. The unrepealed mining statutes grant to locators of mining claims on public land the right to take timber from pubic land outside of their mining claim locations for use on or for their mining claim locations without charge for it, and without notice to the government.
 In direct opposition to this the per sonal administration of the National Forest Service has compelled mining claim owners on public land which is part of the National Forest, to first ask in writing for permission to cut such timber outside of their claims, second to permit the National Forest third, to make payment for the timber at stumpage rates, which are, as rule, far higher than the prevailing private commercial
  addition, the personal administration reserves the right to absolutely refuse to permit the cutting of timber by the miners, and in some instances has thereby compelled mining to cease, the timber asked for being indispens- able to the operation of the mines.
 Second. The mining statutes make a mining claim substantially a grant of the land as of the date of the location, inviolable while it remains a valid mining location. Under the statutes the mining locators of min ing claims on public land own the forest standing on their claims, with the sole right of use to it for their of the claims without charge for it, and without notice to the gov ernment.
 In direct opposition to this, the per sonal administration of the National Forest Service claims, and enforces it's claim by duress, that the National Forest Service may sell as it elects the timber on mining claim locations within the National Forest, even though the mining claim locations are many years older than the National Forest. Within the writer's personal knowledge, sales of timber standing on valid mining claim locations have been made to outside parties by the personal administration of the Ma tional Forest Service, the timber has been delivered and the money charge made for it has been accepted by the National Forest Service.
 Third. The unrepealed mining statutes grant to mining claim loca- tors the right to appropriate without charge or notice to the government, such easements on the public lands as they may deem necessary or desir- able for the working of their mining claims either individually or collec- lively. The mining claim locators may build trails, wagon roads, cable ways, railroads, reservoirs, ditches, canals, fumes, water powers, steam power stations, electric power plants md power transmission lines, occupy waterways, build stamp mills and ore -eduction works, all requiring greater pr less easements on the public lands outside of the mining claims to pro vide the sites for construction. The mining statutes do not require that lny charge whatever shall be paid for the use of such easements or that notice shall be given to the govern nent when they are appropriated. Further, the government reserves the mining appropriators the easements 1sed in all land patents issued.
 In direct opposition to this the per ;onal administration of the National Forest Service claims requirements 1f, and enforces by duress on, mining claim locators and owners in the Ma ional Forest, that before appropriat- ng they shall first survey and plat l he desired easements and thereupon apply to the National Forest Service | for permits to use easements, which l permits may be issued or refused, md if issued may be revoked, all as