Elk City mining news. (Elk City, Idaho) 1903-1913, 1912-07-18
Bureaucracy and Mining Locations.

Bureaucracy and Mining Locanons'
Mining Science has before referred
to the recent ruling Of the General
Land Office in what is known as the
East Tintic case, whereby an entry for
patent was cancelled on. the ground
that an insufficient showing Of mineral
values was made to constitute a valid
discovery. 1t becomes more and
more apparent that this ruling is likely
to become the rallying point for the
general opposition of Western mining
men to the tendencies against the
liberal rights of prospectors and loca-
tors as expressed in the statute. The
bureaucratic spirit of the government
seems to overleap itself in the desire
interpret the law of discovery in the
most oppressive manner possible, in
contrast with the literally that has
hitherto been manifested; nay, in con-
trast with language that has been ut
tered by the courts concerning 1.-The
basis of legal discovery. 1t has often
been held, in varied terms, that min
eral showing such as prudent person
would consider sufficient to warrant
expenditure of time and money in de-
velopment in legitimate basis of dis
covery. While such language opens
the way to differences of opinion as to
the degree of prudence displayed in
given case, it indicates the liberal view
which the courts have felt bound to
take of the statute, since the statute IN
no place defines how discovery shall
be determined. The limit to which the
spirit of the statute can be carried con-
sists in extending the application of
the word valuable" elsewhere used,
to the specific clause in which discovery
is required. Certainly the title to a
claim becomes very slippery when it is
left to land Office Inspector to pass
upon the degree of prudence of the To-
Gator. = 1,
While it is to be assumed taat the
locator will protect himself by means
of proof of discovery, in view of the
possibility of an adverse claim or OBJ
lection, the statute does not specifically
require and formality in this particular
when the ground goes to patent. On
the other hand, the statute does require
a certificate of annual labor, which
leaves the inference that the makers OF
the law regarded development as. the
impairment fact. 1t is because of adj
verse claims that the courts have Sc
frequently been called upon to decide
as to the validity Of discovery the
matter being usually left to gary
Now that certain theory of govern
ment has arisen to protest against tn,
location of claims upon timbered LIANT
or ground suitable for purposes othe
than mining, form of dispute has de
veloped which involves the locator OF
the one hand and a departmental func
tionary on the other. Such disput
does not go directly to the courts ant
a jury of plain citizens, but is turne,
over to another departmental func
tionary for decision. Here we have tn
essence of bureaucracy, sitting in judg
ment upon the aspects of value whic
mineral discovery possesses.
But in the East Tintic case it was de
clared and not denied that the land il
question was not suitable for any pur
pose save mining, while it is we'll know
that the Tintic district of Utah is
supremely important mineral area
There could be no occasion for de
partmental functionary to defeat tn
entry for patent on the score of tn
real conservation policy, unless to Sc
up an example for some other case i
which few trees are involved. Man
mining men have held for long tim
that the discovery clause of the statut
is unnecessary, but in view of the re
strictive use for which certain govern
ment theorists have found it available
it may prove difficult to abolish it.
..During racent years various example
have arisen of the oppression whic