Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1911-10-21
Location of Mining Claim in Forest

Location of Mining Claim in Forest
Reserve
The United States statutes permits
any person to enter upon the Forest
Reservations for the purpose of pros
pecting, locating and developing the
mineral reserves thereof, provided such
person complies with the rules and reg
ulations covering such Forest Reserva-
ton. The statute also provides that any
mineral lands in any Forest Reservs-
tion shall be subject to location and en-
try under existing mining laws. 1t is
also provided by statute that the claim
ant shall have the exclusive right of
possession and enjoyment Of all the sur
face of any claim, and of all veins,
lodes and ledges throughout their entire
depth, the top or apex of which lies in
side Of such surface lines, extending
down vertically.
Under these statutes the rights of a
locator of a mining claim within the
boundaries of a Forest Reserve are sub
stantially the same as those of one who
locates a claim on the public domain.
Under these statutes the question has
arisen as to the meaning and construc-
tion of the clause providing that "the
claimant shall have the exclusive right
of possession and enjoyment Of all the
surface"
In passing upon this particular ques-
tion Federal Judge in the district of
Idaho said substantially that the Gov
ernment confers upon locator the right
of possessing and enjoying the surface
of mining claim for mining purposes
without the payment of any considera-
tion whatever, and offers for small
consideration to convey to him the en-.
tire estate. 1t gives the mineral to him
who finds it, and, for purposes incident
to the extraction thereof, permits him to-
possess and use the ground in which it is
found. 1t does not give him the ground
but empowers him to purchase it, and
he may do so if he desires its permanent
and unrestricted use. But the statute
gives the locator nothing but the right
of present and exclusive possession for
the purpose of mining. 1t does not
divest the legal title of the United
States, or impairs its right to protect the
land and its products.
The two titles recognized by the Gov.
ernment confer totally different rights.
One confers the right on the locator to
the possession of the land for the pur-
pose of carrying on his mining opera
tions as long as he performs the required
conditions. Subject then to the locator g
legitimate use for mining purposes, the
Government continues to be the owner
OF the land and is interested in conserv-
ing it's value and preventing injury and
waste.
1t therefore follows that Forest Re-
serve lands embraced in a mining claim
continue to constitute a part of the Re-
serve notwithstanding the mineral loca'
| tlOuJ VI COuI DO W all lCRdl
and privileges Of the locator. The par
amount ownership being still in the
Government, and it also having q revis
ionary interest in the possessory righ
of the locator, the Government accord
ingly has q valuable estate which is nee
essarily substantial property right o
the Government Under this construc
tion the locator's rights are not curtailed
there is no intrusion upon his posses
sion his right of epjoymen is no
necessarily qualified or infringed by tn
intention of the Forest Reserve. II
may possess and utilize the entire clai N
including the surface for all purpose
and to the same extent for and to whic
he could have possessed and used it If n
Forest Reserve existed.-United State
vs.. Rizzinelli, 1872 Federal, 675. August
t l9l0.-Mining World.