Los Angeles herald., 1910-10-23
QUIT CLAIM RIGHT FOR
PROSPECTOR IS URGED
Practical Oil Man Brings Out a
Cardinal Point in Much Con-
fused Location Law

BY J. B. WOOSTER
The prospector is usually poor man
who speculates in the dark with ma
lures mineral resources, With hopes
that some day his locations may meet
the approval of the man with money
In most cases he is unmolested in his
locations, allowed to do his $500 worth
of work on the 100 acres acquired by
him through the agency of seven people
and himself, allowed to pay for record
ing and notaTy's fees; but as soon as
the operator joins in the belief that the
locations are valuable for oil n law Is
found that seems to give the oil value
only to the party who actually finds oil
The locator who holds the first con-
tract with the government for the min
eral rights is ignored or stands in the
position of the individual who roams
the unexplored land, finding hermit
ically sealed pocketbook that he lacks
strength to open; the strong man, when
fully assured of its contents, appr0prl-
ates it to his own use and claims it on
account of discovery of its contents
Who would act as guide to mineral de-
posits if not the locator following the
paths of nature, reading the slgnboards
of the foothill groupings, recording his
discovery and thereby bringing power
to develop it? If the locator is obliged
to operate his location, then prospect
ing ceases.
GOOD FAITH ESSENTIAL
If 1ocators cannot quit-claim to each
others, so that it is possible for one man
to hold 100 acres, and thereby make an
annual showing of labor to the extent
of $780, covering one quarter-sectlon OF
land for one year, and recording same
in undeveloped territory, then locations
To
pecting, just develops that part that
looks commercially good. In many
cases he sees no reason for considering
the locator or allowing him to share in
the profits; jumps the land, discovers
oil and holds up his hand awaiting gov
eminent recognition on account of dis
coVery. No locator can afford to locate
twenty acres of oil land and hold it
intact He cannot afford to drill on
that amount of land in new territory
if he had the financial strength to do
so, or work 500 assessment on it to
insure holding it one year. The locator,
so often wrong, should have his reward
when right.
1t is alleged that the locator just To-
Gates to sell or quit-elaim to others.
He certainly should have that right:
for in case his locations are unprofit-
able capital will allow him to hold it
indefinitely when it seems to bear no
begins to "shoW color in the pam" drill
a we'll on the occupied land, discover
oil, and ignore the man holding the
mineral title from the government.
There are many jumpers of occupied
land who hope to sustain their position
by friendly witnesses to show that the
party claiming the mineral title has not
kept faith with the government doing
his full 500 worth of assessment work
each year: but it remains an axiom
that in most cases the locator or holder
of mineral title did SOME work each
year. and so recorded it as an assess
ment fully in keeping with desert
with no water, place of shelter and
scarcity of food. The jumper hopes to
win out on technical ground, demand
ing the full amount of work that would
measure an assessment of 100 dollars
in settled country. [ am making no
excuses for the owner of mineral title
who did not do his work each year,
thereby keeping faith with the gov
eminent.
If the storehouse of nature is for all
her people, then the locator or his as
signs is entitled to his share of the
treasure, for the law that inValidates
the pTospector knocks the props from
all future discovery. If withdrawal is
to conserve the resources, let the peO-
pie desiring located land acquire it in
lawful manner. The bars can be put
up by new legislation, allowing control
of only limited number of acres OF
mineral land to one person or company.
The confusion of individual rights has
caused many people, through the inter
probation Of the law and court decis-
ions, to take occupied land, drill it, and
are now actually producing oil.
They have caused great value to ac-
Crue to the undeNeloped land. To them
such confiscatlon " ould not be fair, but
I suggest that where companies have
drilled on occupied land without getting
valid rights from mineral locatOrs and
found oil. they pay 10 the owner of the
mineral title i royalty based on actual
pipe line returns for the full life of the
territory, of one-eighth on territory OF
less than 100 barrels, and One-fourth on
amount above 100 barrels This will
obViate evasion and insure correctness
in division The law that has gov
erned oil locations under mineral guild
ance cannot be changed from the GUS
tom in vogue. up to the time of new
legislation, and all trespassers should
be made to pay to The owner of occu-
pied lands duly recorded a royalty, the
same as decided land. The operator who
did not heed the government decree and
drilled ON withdrawn lands when he
was not within his own rights should
feel the strength of the law that made
the command.