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

within the national forests from acaui-
sition by those who do not seek them
for purposes recognized by law. and
when II Is apparent that an entry Is
not made or a claim initiated In good
faith and in compliance with the spirit
of the law under which entry or claim
is made, but believed to be a subter-
fuge to acquire title to timber land,
or to control water. a water power
site, or rights Of way: or IL It other
wise actively and materially inter-
feres with the essential interests of
the national forest in that locality. a
contest should be begun even If the
technical requirements of the law ap-
pear to have been fulfilled. AS t. min
ing claims, 1t should especially be
borne in mind that good faith almost
necessarily exists when claims are To-
Gated on untimhered and unwatered
lands which control no means of ac-
cess or rights of way"
Cooperative Function.
The function Of the forest service
In its relation to mining on the
national forest is simply cooperative.
The practice Is to have the mineral
claims examined on the request of the
department of interior. Questions af-
fecting the. title are within the juris-
diction of the department Of the in
terror and are never passed upon by
the forest service In order, however
that the cooperation may be effective,
Congress has directed that all of the
facts as to the character Of the de-
velopment of any mine shall be col
lected by the forest service and sub
tn1 fr, In 1nv,n t.tt,, ,f t,1
terror for consideration. 1t has been
realized by the officers in charge of
the mineral work in this district, that
satisfactory mineral examinations can,
as a rule, be made only by experience
ed men possessed Of unusual practi-
cal and technical training. All min
ing claims, therefore, are examined by
men who have met these requirements.
These experts are certified from the
same list as the experts selected by
the general land office, so that there
can be no great difference in qualif-
cations or ability of the men chosen
as mineral examiners by each bureau.
Mineral Land Defined.
OF course, in the administration of
the law, some difference Of opinion
as to what comprises mineral land
may arise. The following definition
Is given by Lindley in his valuable
work on mines. The meaning given
Is really comprehensive and is quoted
because of it's simplicity THE min
eral character of the land is establish
ed when it Is shown to have upon or
within it such substance as is re-
cognized as mineral, according to its
chemical composition, by the standard
on the subject or is clas
siied as a mineral product in trade
Dr. commerce. or such substance as
possesses economic value for use in
rade, manufacture or ornamental
lrts, and it is demonstrated that such
substance exists therein or thereon
n such quantities as to render the
and more valuable for the purpose
If removing and marketing the sub
stance, than for any other purpose,
md the removing and marketing IF
which will yield a profit or 1t is es-
ablished that such substance exists I
n the land in such quantities as would
Justify a prudent man in expanding
abor and capital in the effort to OBJ
ain it."
Supreme Court on Discovery.
In well considered case the SUI
,reme court of the United States used
he following language which is ex-
illicit and worthy of consideration of
hose persons in Montana and vicinity
ngaged in the mining industry:
While the statute does not prescribe
What Is necessary to constitute a dis
overy under the mining laws of the
United States, it Is essential that 1t
ives reasonable evidence of the fact
ther that there is a vein or lode
arrying precious minerals, or If 1t be
laimed as placer ground, that it is
aluable for such mining, and where
here is enough in what the locator
laims to have seen to justify a pru-
ent person in the expenditure of
curt will not overthrow finding of
he lower court that there was no
iscovery. Ut is the policy Of the
overnment to favor development of
lines of gold and silver and other
Minerals and every facility Is afford !
d for the purpose, but 1t eXacts q !.
aithful compliance with the conditions
aquired. There must be a discovery
mineral and sufficient exploration /
f the ground to show this fact be- !;
ond question. If lands contain gold :
+ other valuable deposits in loose =
arth sand or gravel. which can be .
acured with profit, that fact will
,tisfy the demand of the government -
" the cIidldctei VI tle ldHu DIS r
acer ground" :
Cooperation Of Miner Desired.
The forest service is anxious to CO. =,
,erate with the legitimate miner be- n
luse it is realized that prospectors. a
! a rule, are seasoned and careful ~
oodsmen accustomed to mountainous :,
'nditions and willing to prevent fire n
: the application of reasonable pre- ;,
utions to eXtinguish the destructive i,
ark which the inexperienced camper A
o often leaves on his trail. For this ",
ason the miner is benefit to the r.
rest. He is indeed welcome to pitch y,
8 tent upon any spot within the con- ~
les of the national forests not already NJ
vered by prior claim. His right to Or
cate mineral lands Is absolute and
ere is no regulation of the forest
rvice that in any way tends to re-