El Paso herald. (El Paso, Tex.) 1901-1931, 1911-01-17
The Mining Laws of Texas and
the Prospector's Chance
CBy Martin Fishback, E. NJ

would be equivalent to an invitation
and the beneficial result would soon
make itself known.
The Primitive Way.
Nearly all of the richest mining dis
tricts of the west were discovered and
prospecting long before the United
States government had subdivided the
country; the prospector, when he
found and located a claim, was not
( and could not reasonably be expected
to be an astronomer, a navigator or
civil engineer and establish the long1-
tude and latitude OF a place where a
white man had never set foot before;
all that he was required to do was
to state the general direction of the
strike of his vein, scrubbed on
blazed tree near the discovery, or on a
board knocked off an empty powder
box and fastened to a stake near the
regulation 10 foot hole, and put up
some corner stakes A certificate to
that effect, which also embraced q
rough description of the surrounding
country, was filed at the nearest re-
cOrding office when convenient often
several months later. and the title to
the claim was established and contin-
ued in force so long as the annual as
sessment work was performed This
rule prevailed, to the writer's knowI-
edge, in some districts in Colorado I
less than 20 years ago. In one case
the national supreme court decided
that If a prospector has discovered
mediate presence of a vein and keeps
diligently at work, such incomplete
discovery is equivalent to discovery of
the vein in place. If it does not go
so far as to decide that the prospector
could at once locate upon such indi-
cations. it does decide that he has
rot only the right TO be protected in
his possession while following up such
indications, but that he will be pro-
tected to the extent of a full claim
when his location is complete. IN. R.)
May Need Revision.
Although it is a certain fact that
the liberal mining laws of the United
States have made possible this wonder
full development of the western states.
it is also true that as the country be-
came settled and civilized" the sub
division Of government land progress
ed. and the frontiers gradually disap-
peared, in recent years this limitless !
opportunity for the prospector has |
been abused, not by the class of pros |
pectors previously referred TO, but by I
a class Of individuals who may be |
classified as the dog-in-the- manger /
type, who, because the law made it so /
easy to hold a claim, are now to be |
found in every camp fostering a re- |
tardatiOn of development. The extra |
lateral and apex right which was orfS- /
inally designed for the protection of !
the prospector, has become a fruitful |
source Of endless and intricate legal /
snarls. costing immense sums of mon
ey; most of these litigations. however.
occurred after the prospectcr had sold
out and the purchasing company had
deVpl0npd
ing company would start the trouble
and legal battle was on. Hundreds
of lawyers in the west have become |
wealthy by Specializing" in mining
law.
Undoubtedly this liberal mining law
has served its usefulness and does it.
self need revision to fit present needs
and conditions; but there certa inIy
must be a happy medium and golden !
course to pursue to bring the pros
pector and the undeveloped mineralized
sections of western Texas together.
Invite the PrOspectOr.
The mining law Of Mexico today is
a piece Of legal art and perfection. but
1t is not a poor mans law; the mining
law Of Canada is in many respects
better and more favorable to the pros
pector; the mining law of the Philip !
pine Islands is, on the whole. superiOr
5ary to copy anything from any of
them; common sense is the best yard
stick; the test of value is the use
made of it. Persuade the Texas law
makers to hammer into effect a min
ing law that Will induce the prospec-
tor TO come; law that is simple and
convincing and strong in protection;
give the prOspector a chance to scour
the hills without imposing upon him
h
fer him an opportunity to dig down
On his vein or deposit Of ore to per
haps take out enough money to nav
1 reasonable price for a clear title.
1r at least to make a showing suffi-
eient to enlist financial assistance.
Once the prospector is interested and
makes good" the appearance on the
scene of the mining engineer and the
capitalist will be a natural conse-
1Sence. and the mining Industry in
rexas will become a reality.