The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1913-01-23
Our Mining Laws. What if Anything
Is Wrong with Them?


In view of the fact that changes u
the mining laws of Idaho are yer!
likely to be made at the present tern
of the legislature. the following pape
read at the recent meeting of the STATE
Bar association In Boise will be fount
of much interest:
II has been found necessary and ex'
pedient by the congress OF the United
States to change from time to time tb'
several laws governing the disposition
Of public lands to suit the growing de,
mands of our increasing population
and to conform to those conditions
which experience shows best suited tt
the public welfare. Thus, in the pass
Few years we have witnessed the repea
~ the timber culture and pre-emptlon
lws, the shortening of the term on
lainesteads, the enactment Of dry
rlning laws, reduction in the size
81! desert entries, donations to the arid
SIT les Of large tracts Of land upon the
Dr. mise of reclamation and the entry
~ me government itself upon the work
OF reclamation.
our mining laws, however, stand now
Substantially as they were originally
p,s~sed in 1872.
] believe the time has arrived when
substantial changes should be made In
The statutes governing the acquisition
az mineral lands. In fact, the entire
lew should be changed and | shall sub
nit for your consideration my reasons
therefor and some suggested changes.
Our mining laws. as they now exist,
are based upon conditions that existed
during the period from 1850 to 1870.
rhey represent the local rules and GUS
toms Of the mining camps OF the Paci-
t.c slope in those Gays.
The right then, as now, to appropri-
ate any of the public mineral lands
was based upon an actual discovery Of
mineral
If citizen desires to appropriate 100
acres of agricultural land for a home
stead, the government does not require
him to first demonstrate that he can
live on said land and successfully crop
the same. Until lately he has been al
lowed five years and now Is allowed
three years to prove his case. II he
wants 100 to 800 acres Of desert land
he may take 1t now and has four years
to prove his ability to reclaim 1t. But
on mineral land. he must actually dis
cover the mineral before he Is allowed
to appropriate one foot Of land.
In lode claims a discovery Of min
eral in place Is absolutely necessary
to a valid location. ON location can
be made prior to such discovery. !
concede that such locations have been
made and that the courts have held
them valid, provided discovery is ac-
tually made before conflicting claims
intervene, but they have no substantial
or legal existence prior to discovery
Law Becomes Inconsistent.
The mineral laws rs they now exist
do not contemplate the disposition by
the government of the mineral lands
as such, but are based entirely upon
the theory that the ledge or lode Is all
the miner is after and the government
grants him 1900 feet along his ledge
or lode, together, with sufficient land,
not exceeding 800 feet on each side,
for the convenient working thereof. He
may follow this ledge or lode on its dip
no matter how far II may depart from
the perpendicular of his side lines |
It gives him also all lodges or lodes the |
top or apexes of which lie within his |
surface boundaries. Thus, while the |
law requires the prospector to make an
actual discovery and grants him title |
% the ledge or lode he has discovered,
{ may also, and often does grant him
several lodes that he has not discover
ID and neighboring prospector who
,as worked just as diligently to UNI
over his lode is deprived of a large
part of the fruits of his labor IT, by
,hance, his ledge crosses the boundar-
es and enters the claim of the prior
ocator.
Again prospector who has worked
diligently for month or more to dis
over ledge. the presence of which Is
by float on the surface, may
re deprived of his entire labor by an
'ther prospector who comes In at a
alter date and is fortunate enough to
Uncover the ledge first
The granting of the entire ledge on
Is dip may deprive others Of the fruits
f months of labor and large expendi-
IRE of money on adjoining claims. A
cry large percentage of our mining
litigation is the result of the law that
lakes the ledge and not the surface {
round located the dominant feature ,
(, the disposition of mineral lands, ,
In early days when the Rocky noun
,ins and the ranges west Of them were