Gilpin observer., 1909-05-20
P|NCHOT'S LETTER

Two conferences were held by
the Mining Congress Forestry COM
mittee with Mr.. Pfnchot on March
10 and March Is of this year. The
| outcome of the action of the latter is
set forth in the following letter Just
received by the Mining Congress from
Mr.. Pinchot.
ITO the American Mining Congress,
Special Committee on Mining
in National Forests.
Denver, Colo.
Gentlemen
"FolloWing what was to me our
most promising conference at Den
yer, upon my return to Washington |
have taken up with the legal officers
OF the Forest Service, as l told you
| would do, the preamble and reso.
lutions adopted by the Forestry Com
mitteee of the American Mining Con-
gress, which we discussed in Denver.
March IS. These resolutions contain
two principal statements. The first
in Importance is:
THAT we highly appreciate the
ctutesy received and the consideration
given US to our arguments at the
recent conference on the 18th inst,
and the prompt compliance with our
request for modification of the rul-
Ing and the practice in regard to the
examination of and reports upon
claims for which application for pat.
ent has been made, and wish to ex
press our entire satisfaction with such
modification, which We understand to
be, that mining claims in any
National Forest apparently valid, al
held In good faith for mining pur-
poses will be further examined unless
the passage thereof to patent would
be prejudicial to the interests of the
government If the said claim should
in fact be found to be invalid. No
claim will be protested except upon
report by qualified mining man
which gives facts which tend to show
the invalidity Of the claim.
"One of the objects which both
your committee and the Forest Ser
vice is most anxious to attain, as |
understand it, is to minimize the nec-
essity for having Forest officers con-
slider the validity of mining claims
in making statement of fact to the
Department of the Interior. Accord
ingly, | propose to modify the rule
in execution of that part of your res
olutions just quoted SO as to make
it read as follows:
Mining claims in any National
Forest apparently held in good faith
for mining purposes will not be fur
ther examined unless the passage
thereof to patent would be prejudicial
to the interests of the government If
the said claims should in fact be
found to be invalid. If any such
claim is apparently not held in good
faith for mining purposes, it will be
examined by a qualified mining ex-
pert to ascertain the true condition,
and the report of such mining expert
vii! be submitted to the department
OF the interior for its consideration.
This rule goes even further than
the agreement reached in Denver and
will, l believe. meet with the ap-
proval and support of all legitimate
miners.
THE second principal statement
of the resolutions Isl
"A ruling of the department of the
Interior which is being enforced by
the U. S. Forestry Bureau prohibits
the claim owner from taking timber
from a valid lode claim location for
he Improvement and development
of another claim in the same group
is in the opinion of the committee
contrary to the spirit and intent oi
the law and the cause of much of the
friction and dispute between the legi
innate mining interest and the Fores
Bureau. and its enforcement entirely
prohibits many from developing legi
innate mining claims and works un
due hardship and irreparable injur,
to many others.
The rule to which your resolution
refers Is one made under authority O
the secretary Of the agriculture, ant
not by the secretary of the interior
as l myself supposed and told yo,
enver. When the National For
ests were in charge of the department
Of the interior such ruling was mad
and the secretary of the agriculture