The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-08-14
TAKES STAND UPON
THE APEX WAITER
Director of the Geological Sur
vey Is Enemy of the
Old Rule.

George Otis Smith, director of the
united Stntes geological survey, In an
ADDRESS recently before the Michisn r
school Of Mines. said regarding the a,ex
law and the question OF idle claims.
proposed amendments OF the we'll es-
minerals always raise the warrnest dis
men In general fayoring revision of the
mining MN, laws of the United States and
pointed by various bodies to suggest i'm
proVements. the statutes have remained
as peac.'c@lly unchanged for nearly forty
and the technology Of metal mining have
made marvellous progress.
me law or the apex has proved moro
prooucIlve OF expensive litigation than
OF economical mining, In many OF the
more recently established and more pro-
gressive mining districts this statute has
oeen made imperative by either common
Joining owners. Its repeal could not af-
iect established equities under patents al
ready granted, but would render posi- :
ole more certain property rights in large
mining districts as yet undiscovered.
where new and valuable claims will be
located one hundred years from now.
d,nf Lhe unit OF disposition should be the
Ciaihl, preferably square, limited on It's
-FOUR sides by vertical planes, and of a
size sufficient to allow the miner occupy
ing two contiguous claims to follow the
II.
II It's dip is only 45 degrees. Such defini
tlon OF mining claim is found practical
Die IN both Mexico and British Columbia,
and In the latter country the change for
the apex law was effected without trouble
or confusion.
The same knowledge OF natural condi-
tons that leads TO the suggestion OF n
repeal or the law OF the apex forces the
further suggestion that discovery OF ore
IN place can not be made universally a
per9uisits to the location OF mining
=-,,.J,a
furnished examples in a number Of re-
gions where the present law can not be
complied with, although rich deposits ex-
more definitely surmised than In most
cases where ore Is discovered at the sur
tace. To meet such actual conditions the
law should provide for the acquisition OF
netalliferous mineral land classified as
such upon the basis OF adequate geologic
evidence. whether actual outcrops are
present or not,
ed mining law. would be provision for
enforced development principle ex-
pressed u IS true In the present law. but
not effective In it's workings. A require
ment or actual use rs q condition OF oc-
cupancy Of mineral land can not be re-
sarded as either novel or radical. As
regards the large acreage OF undeveloped
patent has already been issued II is per-
haps true that the situation is without
relief: unless the Western Australia plan
steps IN and permits mining under a
lease, the proceeds OF which are assessed.
collected and paid over TO the owner. The
principle invoked seems TO be that no
property owner can rightfully oppose the
development OF the state
In the case OF unpatented claims a
remedy should be sought for what has
been termed "the paralysis Of mining
districts" and the rigid requirement OF
annual assessment work should he made
actual and effective by inspection and
supervision In order 10 put an end TO
the present procedure Of allowing a cla.m
TO lie Idle for practically two years after
localities where claims are held year
after year with only perfunctory compli-
ance, or even without any performance
Of assessment work-a type OF local dis
regard for law that Is in striking con-
trast TO the observations accorded TO the
district customs and regulations of ear
Her days. whereby the right OF posses
sion was made absolutely dependent upon
continuous operation.