The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1913-08-14


present mining laws of our country +?
The Metalursieal Society of America
has appointed committee on mining
law to seek suggestions from prom-
nent mining men and mining lawyers,
and 1t is said these suggestions will
be embodied in one big work, then
sifted down and the choice results will
be taken before the congress of the
United States with the request that
the changes be incorporated into laws.
The Mining and Engineering World
has been publishing some of these
opinions. Here are three of them by
men well known in Butte-B b.
Thayer, the late Horace J. Stevens
and Arthur II. Wethey;
Benjamin B. Thsyer.
G 1t is my opinion that lands
should be classified as they are at the
present time, and that there should be
no segregation by the government of
minerals from surface rights.
ca That the nature Of the possess
sorry right should be as It Is at the
present time. that mining rights shall
be initiated as they are at the present
time; likewise perpetuated and termi-
mated as they are at the present time.
ca That all mineral lands should
be permanently alienated, with certain
provisions. in that I think that prec-
lane t11r oh H.
they are at the present time, while
upon coal iron and petroleum, in par
ticular, royalty should be exacted by
the government.
"a That the mining claim, instead
of being 1900 feet in length by GOO
feet in width, shall be 1900 feet
square, the underground boundaries to
be determined by vertical planes pro-
jected through the side lines.
Arthur n. Weathey.
Cd The present system of classia-
cation into agricultural, desert, quartz
mining, placer mining, etc. appears4to
designate all the different classes with
sufficient clearness. All patents is
sued by the United States should con-
vey the entire ownership except that
reservations might be made for high
ways, irrigation bitches. etc
ca The patents issued by the gov
eminent should convey absolute title,
which could not be questioned unless
within five years of the issuance Of
the patent fraud could be proved in
acquiring the land.
(3) The system hitherto in vogue
has proved satisfactory up to the pres
ent time. No ultimate advantage is to
be gained by changing it. The price
paid the government for the land va
ries according to the classification, and
this might well continue The only
suggestion ! might offer is that the
government might require that the
product should be sold at reasonable
prices so that no monopoly of restraint
of trade may result
ca The extra -atre rights prin-
ciple has been most fruitful source
of litigation. In future patents it
would be well to increase the area of
quartz claims and restrict ownership
to the mineral beneath the surface.
Extra lateral rights privileges already
granted by existing patents must, Of
course, be recognized
My views on the ACCESSIBILITY of con-
tinuing the present method of giving
titles to minerals under the surface
granted to settlers, locators, and 9TH
ers, are based on my experience with
the government timber policy in Mon
tana. Prior to the establishment of
forest reserves there standing timber
entries from the United States on a
basis Of stumpage equal to less than
so cents per 900 feet Railroad lands
and timber we're sold on the basis of
so cents per 1000 feet stumpage. The
formation of reserves prevents the Sc
curing stumpage at these low fig
ures; the government now requires a
rate Of stumpage of over 81 per 1000
lSCt- 1llio pciiSy IDS SlSdliy eICIldICeN
the value Of stumpage held by large
corporal lions, and the cost of lumber to
small consumers has risen proportion
ately. If now the government should
reserve all the remaining minerals in
the west. not already released by pat
ent to other parties and enforce
royalty on all minerals extracted IT,
would result in enhancing the value OF
property owned by individuals and
and raise the cost of all
to the consumer.
The Late Horace J. Stevens.
Before answering the four particu-
lar questions in this communication.
permit me to observe that I doubt
whether this is altogether the best
time in which to bring this matter be-
fore congress. The so-called "conser-
have managed to raise hob
throughout the country, and any bill
into the present session of
might suffer radical revision
along more or less socialistic lines, In
which case the mining industry would
be damaged rather than aided by new
federal enactments (This letter is
dated Dec. 81, 1911.-Ed) think
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