The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1913-08-07
THE NATIONAL FORESTRY SERVICE AND
ITS RELATION TO PROSPECTOR AND MINES
COMMUNICATION SHOWING FRlNDLINEss AND GOOD WILL
WARD THE MINING MISREPRESENTATION DESIRED
MUTUAL eENEFITs-cLAsHEs UNNECESSARY


claim, during the operation or the tun
mel, to the surface of the land over tn
underground workings. does not con
fer any right on the surface claiman
II the work in the tunnel Is bein.
prosecuted with reasonable diligence
with view of exposing the minera
deposits therein.
MiIlsites.
The law also permits the proprietor
Of a vein or lode the right to obtair
title to not more than five acres Of
non mineral land to be used for minini
or milling purposes. This Is intended
to afford an opportunity to the minel
to establish II he so desires a quart,
mill or reduction of works outside Of
his mineral claim. Congress III
its wisdom desires to encourage the
development Of the mineral resources
4 Of the country, and. for this reason
granted-the right to take a mill site
which may be considered the miners
warehouse, since it affords him place
to store his ore, thereby allowing the
uninterrupted development and ex-
ploration of his mineral claim.
Priority Of Title Governs.
When two veins intersect or cross
each other, the government rule is that
priority of title shall govern, that is
to say, the owner of the lode or vein
first discovered shall be entitled to all
of the ore or mineral contained within
the space of intersection. The subse-
quent locator, however shalt have the
right Of way through the space of in
torsection for the purpose of conven-
icntly developing his claim 1t ,tten
happens that two mineral bearing
veins unite at particular point and
become consolidated into one prin-
cipal lode. In an instance Of this char
acter the owner of the Oldest located
vein acquires title to the consolidated
mineral mass beyond the point Of ia
tecsecticn. The ore taken out If the
space If intersection also be; ,ngs to
the owner of the prior located VEN
Placer Claim Side Lines May DO
Parallel to Stream.
The regulations relating to what are
known as placer mining claims are the
same as those governing lode claims so
far as mineral discovery, necessary ex-
penditure and good faith are concern
ed Placer claims, however, must,
when practicable, be located in rec
tangular subdivisions in conformity to
the public survey, whether the loca-
lions are on surveyed or on unsurveyed
lands. If the public survey has been
extended to the land, the miner Is not
obliged to have a new survey made Of
his claim under the direction of the
surveyor general, because he can de-
scribe his claim in accordance with the
general public survey extended to the
land. The above is the general rule,
however, and Is not applicable when
the topography of the country Is very
rough and uneven thereby rendering it
for the miner to locate
his placer claim in rectangular form
For instance; The practically level
land in the bed and on the banks of
stream may be quite valu-
able as placer ground, and still the ad-
jacent hills overlooking the stream
may be absolutely worthless so far as
mineral is concerned In 4 case Of this
kind, the rule as to the form of the
claim is varied and the miner is per-
mitted to have his claim patented so
rs to include the level land. metes
and bounds survey is made and the
side lines of the claim may be parallel
to the line Of the stream, the only limi-
.ation being that the quantity of land
included in the claim shall not exceed
20 acres to one person.
MetaIIifirous Ores-Coal Lands.
1t Is also permissible to include in
me application for patent under the
placer laws, 100 acres of land provided
he tract Is located by an association |
# at least eight persons. Although The /
anne laws in general apply to lode and
'lacer claims, there Is quite a distinc- .
ion as to their scope so far as the .
haracter of the deposits contained in
he land attracts our attention. Title |
o metalliferous ores in place can be
btained under the lode provisions of
a fnf ,ttn hat te, 20
UGH as gold, silver. lead, copper, iron,
inc. etc, and these must be obtained |,
4 massive form within the claim. On
he other hand, however, the placer
.ws permit patents to issue for lands
scattered deposits of native
Old silver, etc, and in addition allows ]
ne miner to explore the ground for
recious stones, salt, marble, limestone, |
ypsum, oil and other non metallifer-
US substances. Lands containing coal {
re acquired under special laws and !
re sold to applicants for the minimum I
rice of $40 per acre. The price paid to S
lie government for lode claims is IS $
or acre and the price paid for placer
aims is $3.50 per acre. i
Minerals Exempted. c
The mining laws of the United States t
. applicable in all of the public land p
ates and Alaska, except as to Mich t
an, Wisconsin. Minnesota, Missouri. c
ansas and Alabama. Mineral lands o
e also exempt from the force of the
'rlous proclamations reserving public S
nds for national forest purpose. The a
IT Of June 4, 1897, provides that ANY q
neral lands in any forest reserva- q
IN which have been or which may be IL
own to be such and subject to entry
lder existing mining laws of the
1ited States and the rules and regu- n
tons applying thereto, shall con- n
Tue to be subject to such location and a.
try Notwithstanding the reserva- al
m Another provision of the same sc
Is as follows Nor shall anything CT
rein prohibit any person from enter Is
! upon such forest reservations for nc
proper and lawful purposes, includ- re
that of prospecting. locating and nf
the mineral resources III
'reof, provided that such persons m
nply with the rules and regulations re
'ering such forest reservations" IA
Of Secretary OF AaricuI. tn
ture. m;
I is clear then that the secretary If lat
'iculture has power to make reason tn
e regulations governing national an
ests which may incidentally affect DO
miner or prospector while on the an
ional forest. Now, the liberal atti- II
e of the secretary of agriculture in
Yards mining on national forests lor
be CLEANED from the following in a
lctions issued to forest officers in ito
y. 1910: TT Is not the purpose or Is
mt of the department to initiate ella
tests against claimants who have spt
cred lands in the ma tiopol foroets tar