The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1913-08-07

territory were engaged IN mining, since
this was the only industry in the reg
ion at that time. except trapping
These hardy pioneers engaged in tina
industry became the vanguard of oul
later and present prosperity They
made II possible for others to reach
here and partake of natures bounty,
and to their skill their courage, then
zeal, their faith. Is due the glory 81
establishing the nucleus of civilization
in this region which Is no longer spok
en- of in story as the great unknown
desert Of the west but as fertile
spot upon which viii be reared in the
future the contented and prosperous
homes of many other welcome immi-
grants. About the time those aggres :
sive men were panning the gravel in
the streams. ravines and gulches of
the northwest in their chase for ma =
10, 1872, was passed.
First Law Still Effective.
This act Is still the law under which
mineral claims are located and patent
ed on public lands and within National
Forests Of the United States. The law
as it now stands affords to the pros
pector and miner the absolute right to
go upon the public land and national
erals. AS soon as mineral Is located
the miner is free to extract the ore in
any manner he deems advisable. He
is permitted to take from the land en-
braced in his location, such timber as
is necessary to properly develop his
mine and there are no restrictions
placed upon this beneficial right by
the forest service. No forest officer is
allowed to interfere in any way with
legitimate mining on the national for
ests and, in fact 1t is the desire to
assist the miner as much as practic-
able and to encourage the mineral de-
velopment Of the land when 1t is I'M
dertaken in good faith.
Timber Free to Prospectors and Small
Operators.
If the land embraced in a mineral
location does not contain sufficient
timber to develop its mineral resource
es, timber is furnished free of charge
The only restriction placed on this
privilege is that the timber may be cut
and removed from the free use area
designated by the local forest officer
Such free use areas can, upon request,
be designated ahead of the time the
timber is used In order to avoid delay
This policy of granting free use Of
timber for mining development is in
tended to aid prospectors and miners
who cannot be reasonably expected to
pay for the quantity needed. The
privilege Is not accorded to rich and
prosperous mining companies whose
properties have reached the dividend
paying stage of development
A Valid Discovery.
The federal law permits the miner
to acquire title to mineral lands under
what are commonly known as the
lode and placer provisions of the act
of 1872. A lode, or quartz claim as 1t
Is sometimes called, must be located in
rectangular form and must not exceed
1900 feet in length by 600 feet in width.
Now the federal law requires that. no
lode claim shall be located until min
eral- bearing vein has been discovered
Within the tract claimed. 1t Is plain
then that prior to running the bound
iry lines of prospective mineral
claim, the prospector. or miner should
lnless the vein or lode can be traced
IN the surface, sink shaft or run
.unnel in such manner as to suffic-
entity explore the ground with a view
If discovering a mineral vein. /
Boundaries and Monuments.
To bound and mark the location and
o post the notice of claim, each Of
he public land states has we'll defined
pecific requirements ordained by local
egislation. The federal statutes, how
YER simply demand that the claim be
'lainly marked on the ground and does
ot specify the kind, size or shape of
he marking material to be used 1t
as been held that any natural or arti-
cial monument that will clearly and
efinitey indicate the side and end
mes of the location, will suffice.
AS a general rule, the mining laws ,
f the various states have no apple
bility In the handling and patenting
mineral claims by the federal gov
However In case of con- {
letting locations, the right of possess {
ion must be settled in the local state {
ourts in accordance with state stat +
ties, before the department of the 9
lterior will assume jurisdiction. This c
was outlined by congress at a
lie time of the passage of the Act IF a
SO. IN
ederal Requirements for Patentina. t
All that the federal regulations re- u
lire is that an applicant for Patent r
# mineral claim shall bring to the
cal land office clear and unequivocal
'idence of his right Of possession 10 n
e mineral location covered by his APP &
ication for patent. In addition to this, /,
,wever. there are three principal Gle K
ents which must appear atfirmatively n
the claimants showing before the "
'partment of the interior will issue In
tent for the land. These are: A A
scovery of mineral in lode or Vein NJ
rmation in such quantity as to war +,
mt a prudent man in further devel- 81
ing and improving the claim for its n,
neral value alone; the expenditure n
at least $500 on the claim by the Ia
,ator or by his grantor or predeces- II
r in interest; and lastly, good faith OF
Good Faith May be Lacking. til
Now, 1t may happen that the land &C
ntains mineral in place as required he
the statute and that the statutory in
m desired has been expended for al
ploraion; still the evidence of good in
tn may be wanting 1t frequently de
,urs that a claim has value which tn
entirely foreign to mining though co
lch greater because Of geographical co
typographical conditions. The claim In
y be so located as to control water
ver site Of considerable value to the
bic, or the mineral claim may on ag
'ount of location. be the site of a alb
commercial center such as fol-
arge city or town. In case CT this tn,
lracter, the motives of the claimant ma
taking the land involved are closely tn,
estigated and higher degree of toy
ID faith, evidencing desire on the ma
t of the miner to acquire ti.lc to str
tract for mining purposes only, Is Ju
tired. int
Certain Tunnel Rights. COZ
,nder Section 1923 of the Revised eni