The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1912-04-18
mining DECISION
MUCH CRITICIZED

The application of the East Tintic
Consolidated MING company, Of Utah.
tor patent to its mining claims. has
been denied by the land department
OF the u. 8. government ON the
grounds that the property of the COM
pany has not been developed to such
an extent that it is producing and
paying mine. This decision simply
means that, hereafter, no titles will
pass from the government to the claim
holder, unless it can be shown that the
property in question is on producing
anu proft-making basis; q condition
only attained after years of develop
ment and the expenditure Of large
amount of money.
This kindergarten and idiotic de-
cision by the land department has
stirred mining circles from center to
circumference. In our opinion it 10
idocy incompatible and could only
emenate from government officials
whose state of mentality should be in
vestigated by board Of lunacy, and
who have progressed SO far in senile
decay as to make them objects Of SYM
pathy, it not Of ridicule, Of the coun-
try at large.
The uineral-bearing lands of anv
country are almost universally located
in arid and inhospitable regions. and
are valueless for any purpose except
por the precious and baser metals thew
contain. Before present day crazy
conservation ideas obtained, the Rov-
ernment was anxious that these min
eral fields should be developed 20 that
the whole country might be benefited
by the new and LASTING wealth to be
obtained from this source. Liberal
laws were in force for the requirement
OF these lands, and the claimholder
was encouraged to develop his hold
lngs in the hope that a producing mine
might be added to the country's list
OF bonanzas; and, when a certain
amount of work and money had been
expended in mine development and
equipment, the claimowner was en-
titled to vested right in his holdings
after making the proper showings.
This law as tar as we know, has never
been revoked or changed. There is
no valid reason why it should be, NO
occasion for deviation from regular
practice in passing upon application
for U. 5. patents; and yet, because
the present administration is content
to I'LL its various departments with
boobs and incompetents, the mining
men of the country are to be harrass-
ed and embarrassed by decisions which
will not stand the test Of law if the
eases were carried to the courts.
If this decision is allowed to stand.
it will be constant menace to the
mining industry; it will discourage
prospecting and claim location; for,
if this is tn ereal attitude of the gov
eminent, the prospector may hesitate
to stake a claim for fear that some
wildeyed and presumptive department
official will declare the location in
valid because the groupings do not
carry $20-gold pieces alreadv coined;
and the ciaim-owner will be 10th to
carry on development when the wise
ones in Washington are to be the
judges OF what constitutes q promis-
ing piece of mining ground, and
whether or not it is good judgment to
go further in the search for payable
ore bodies, the existence of which are
indicated by the presence of seams and
stringers, small surface values and
hungry groupings.
The remarkable ruling of the land
department follows, and if it is logical
and sound, the majority of the mining
men of the mining regions are merely
fools and lacking in the upper story.
The decision, according to press dis
patches, is as follows:
sit is evident from the record be-
fore the department that the deposits
alleged to have been exposed ON these
claims are regarded by the applicant
as possessing practically no economic
value, but that, on the other hand,
title to the claims is sought essential
ly on account of their possible value
for certain unexposed deposits sup
posed to exist at considerable depth
beneath the surface, and having NO
connection so far as shown, with any
deposits appearing ON tho surface.
1.-THE exposure, however, Of sub
stantially worthless deposits on the
surface of claim; the finding of mere
surface indications of mineral within
it's limits; the discovery of valuable
mineral deposits outside the claim, or
reductions from established geologi-
cal facts relating to it; one or all Of
which matters may reasonably give
rise to a hope or belief, however
strong it may be, that a valuable min
eral deposit exists within the claim,
will neither suffice as a discovery
theron, nor be entitled to be accept
ed as the equivalent thereof.
"To constitute a valid discovery
upon a claim for which patent ID
sought, there must be actually and
physically exposed within the limits
thereof vein or lode of mineral
bearing rock in place, possessing in
and Of itself a present or prospective
value for mining purposes; and before
patent can properly be issued or entry
allowed thereon, that fact must be
shown in he manner above stated. -
Mining Review