The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1912-01-18

TIE WALLACE MINER; THURSDAY, JANUARY IS. 1912.
at this time as director of the geological survey one VIII
takes such keen and Intelligent interest in the problem TIL
great mass OF extract data available to officer of the geo
ogca survey with the detached position the organization
technical bureau renders particularly valuable opinions from
such Mr. Smith is evidently favorable to door,
seated and extensive change but he approaches the matte
mainly from the point of one who must helm meat act
ua problems they arise He avors the separation Of rr
face from mineral rights wherever the two estates have
that be separately utilized because such separation
permits the immediate utilization of the one in present deman
without sacrifice Of the other Congress has recognized II
recent legislation that foolish to give coal of large future
value to the man who only wants and onpay for desert
land for agricultural purposes and that equally absurd t.
prevent present development of the surface by irrigation
otherwise because the coal yet demand We beev,
the principle OF searaton Of the two values where there arc
two values sound and many for SO beeyng ar
cited by Mr. Smith The general subject Of land law revision
can not be discussed adequately any paper or editorial
we commend Mr. Smiths arguments to readers and We
desire at this time to emphasize one oint only
The law of the apex has proved troublesome from the
first 1t is founded on conception Of the mod
OF occurrence OF ore deposits and practical operation it
necessary to buy and hold land to protect newly dis
tons The lies in the compexity of the law and thu
necessity for protection against Gains founded on the pres
ence OF odes of both sleeper amid less steep dip The cas-
of the Round Mountain Mining company may be cited as on
pon ana dcutes to be faced by undertaking dee'
development along the Mother Lode in California as another
The absurdity of regarding the pophyy copper deposits
Bingham Utah, as lodes such originally contemplated
law is enough to condemn the latter TO all such arguments
the common reply has been made that conflicting rights ou
Tho adj nI Nv f,n @lo+.c
location would interfere with existing rights. Adustlnen
and expensive business and other mineral claim was eve
located in the United States, the courts would have enoue
and to spare OF apex litigation for years to IT, til
other hand the square location had been adopted 10 or q
years important districts would have entirely
aped vexaous litigation arising from the extraatera rg
The districts yet be opened should not be denied proeco
because mistakes have been made in the past Any chang
made could not interfere with any existing right and
not be said too plainly too often that any revision
the mining law that may be undertaken should be in sue
ems as to prevent any possible question to the proteco
OF any accrued interests This is demanded by the spirit
harness. and any argument to the contrary academic T
such policy accords with the intention Of congress is show
by the fact that when the land withdrawal act was passed
provision made for confirming any vested rights Fo
The first time locator oil land had protection long as
continued work in good faith 1t is true that clause we
would nave operated to confirm all CLAIMS good and bad
defeated as it should have been, but legitimate ocators
left as result of the law stronger position than ever
1t happens that the United States does recognize !oc
ton as vested interest acquired against ITSELF and that dc
tense OF the possessory right of locator public land
against others seeking to dspossess him. falls to state
part Of their work of preserving the PUBLIC peace It wou
possible therefore, for the government to refuse cas-
new law was enacted to recognize rights acquired by oc;
ion but not as yet confirmed by patent We do not beev,
hat this should be would be- DONE though the point
worth emphasis in order to prevent any possible mscarrag
II justice Revision of the mining law is needed Old
ions have passed. and to face the new continue the
eopmen of the west to the highest possible utza
ION OF the great natural resources, radical changes i'm
eratlvey demanded Let the revision be prompt and thor
ugh but let it protect old rights and define ones t.
rec the nudstry from UNNECESSARY LITIGATION.