Los Angeles herald., 1910-09-29

tion to mines, prefxes his text in vol
ume l with table of adjudicated cases
some 1000 in number. These are lead
ing cases. Other suits in the lower
| courts, wherein no new questions or
mining law have been raised, have been
so numerous as to preclude computa-
tion. Time and space do not permit
| any recital of these disputes. They are
matters of common knowledge. Neither
is it necessary now to discourse on the
inadequacies of the present mining
laws, for there have been extended
printed articles concerning this and
special acknowledgment is due Dr. Ros-
sitter W. Raymond, secretary of the
American Institute Of Mining Engin-
GERS, for his printed expositions of the
need of the revision of these laws
BONE OF CONTENTION
"The great bone of contention has
been the extralateral right. 1t has,
however, been found so difficult to
make adjustments of the extralateral
right wherever extensive and deep min
ing operations have been prosecuted,
that settlements out of court have been
the only way of determining such con-
flicts. Nearly every consolidated group
of mining claims is an example of this
sort of prudence, but where purchases
or consolidation could not be effected,
the owners of adjoining mines have ex-
ecuted agreements and releases where
by vertical plane boundaries, following
same compromise line, have been agreed
upon as limiting the rights of both par
ties. Agreements of this kind have
been made by the owners of many or
the large mining groups of the west.
1t has been suggested that this atti-
tude of the mining men, whose interests
are most vitally affected, is the final
argument against the present value and
Importance of the extralateral right.
I'm the Judgment of your committee
the evils arising out of the direct ap-
plication of the eXtralateral rights are
possibly of less Importance than the
secondary evils. In one way and an
other the present laws are so loaded
down with cumbersome provisions that
it is almost out of the question for the
poor claim owner to proceed with an
adjudication of adverse conflicts
through the courts. The final result in
every active mining district is
tangled group of conflicting locations;
and unfortunately it Is not only the
claim owners who are thus lnJurlousiy
directly affected but this involves the
class Of men who would invest in min
ing enterprises, but are deferred from
doing so by uncertainties of title and
fear of litigation.
"Eyeryone interested in this subject
recognizes that starting from the very
first necessity in acquiring mining
claim, the present law regarding dis
coVery is obsolete and needs imme-
date revision. There should be en-
acted a clear, definite and practicable
procedure for acquiring rights to both
metalliferous and oil-bearing claims, on
which, from the nature of the deposit
discovery must be long deferred.
1.-THE question of tunnel rights and
I.-Ag Il sNcTtV
under.
1.-The location Of an unlimited number
of claims by one person.
1.-The abandonment and relocation by
the same locator.
Location by poXy.
1.-THE uncertainties of placer locations
and grouping thereof under the present
laws.
"The conflicts between placer and
lode locations under the present laws.
1.-THE foregoing are only small num-
Der of the veXations and uncertainties
that now exist in our mining laws.
"In the second place we believe that
one of the main reasons for this failure
is that the laws are so interdependent
that it is difficult and in most cases
impossible to correct one fault without
affecting the entire code.
1--WE therefore strongly urge that
the idea of patch work revision must
be abandoned, and, as stated before,
with many new measures now pending
or to be proposed 1t is clearly Of the
utmost Importance that a general re-
vision should be undertaken. AS the
problems involved are particularly diff
ficult, a revised code should be the
result Of the most experienced judg-
ment and full dicussion by the min
ing communities and a careful con-
sideration Of the question, and it is
certain that the national congress will
welcome the active cooperation of the
mining and oil men of the country in
the suggestions of practicable re-
visions. The national congress must
first assent to the general proposition
and agree to undertake a general re-
vision with the cooperation of the
mining industry. And as to the details
of the plan to bring this about your
committee is of the opinion that this
can and should properly be left to the
national congress, with the under
standing that the American mining
congress is ready at all times to give
whatever assistance may be desired.
1t is suggested, however that me vital
Importance of the subject and imme-
date necessity Of the quickest pos
sible action by the national congress
may be expedited by the creation and
appointment of a national commission
to prepare such revision. In the event
of the adoption of such suggestion 1t
is manifest that a sufficient appro-
priation should be granted for the
needs of the commission to quickly
gather and consider adequate data and
information"
The report was signed by e. B. Kir-