The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1914-07-30
The Mining Law---Proposed Revision


which have recently appeared in the
mining journals, that there is basis
of fact for some Of the criticisms aim
ed at our federal statutes relating to
the locating and patenting Of mining
claims on the public domain. l believe
that the law is good in the main, and
in the discussion which follows GER
tani changes are proposed, none Of
which, however would conflict seri-
ouslv with the basic principles upon
which our law was written. For in
stance, l believe that the discovery
requirement Is basically sound and an
annual amount of assessment work is
consistent with the proper develop
ment and disposal of our public min
eral lands, for it Is only by develop
ment that ground can be classed as
mineral or mineral. To do away
with the discovery requirement would
mean either one of two things: The
government would be confronted with
the necessity of classifying all it's
mineral lands and alternating them
from all other forms Of entry, which
would be an immense task, and on
the face Of it. impossible; or it would
mean that leasing system must be
worked out which would provide for
the reversion of such lands to the gov
eminent as were shown upon eXplor-
alton or abandonment to be non-min =
eral bearing. 1t seems unlikely that
the mining industry Of this country
would look favorably at the present
time upon any leasing system which
could be devised as applied to the
whole body of metal bearing mineral
lands, and, on the other hand, 1t
scarcely seems probable that, the gov
eminent will attempt the classified
ton of all it's public lands as to min
eral character at the present time
Great cost and unsatisfactory results
would probably stand in the way. II
such a classification were certain of
fairly accurate results the cost would
probably not be seriously considered
but any field engineer who has spent
few seasons in examining promiscu-
Gus undeveoped mineral claims can
fully appreciate the difficulties in the
way of classifying areas on which
gophering has been done, not to men
ton those where no prospecting at al
has been done. The reasons for this
depend upon geologic principles which
are outside the purpose of this discus.
sion. Those persons who are prone
to find fault with department for en-
forcing the mineral laws should no
forget that there are thousands O.
|, mineral claims in the western states
on which not stroke of work ha:
been done since the day patent wa:
issued. This condition becomes thu
more deplorable when we realize tina
our public mineral land is fast pass
ing into private control. and it is onl,
a matter of a few years when Their,
will be no mineral land to patent.
Admitting that our present system
is better than a new one which would
entirely overthrow the present law a.
whole and the interpretations Of tn,
courts for many years past, we vii
assume that it needs undermining IL
some respects, and that congress
should provide means for universe
enforcement. l believe the following
points are worth consideration in de
tail:
l. There is considerable ignoranc,
in some localities as to just what ou
law means
2. Certain injustices are possibl,
under the present law
3. Opportunities for fraud undel
the present law exist.
4. The lode claim is not large
enough to provide adequate protection
to valuable mineral discovery, henc,
the so-called protection claims hav,
plying that protection, although thes,
claims have no legal existence Other
than that condoned by custom.
Ignorance Of the law Too Common.
If any revision of our mining stat
utes Is made, it should be in such
clear language that its exact meaning
can not be doubted: and then the gov.
eminent should undertake a crusade
of instruction by posting the laws ir
all postoffice. land office and other
public buildings in the public lan6
states, and by supplying copies of II
at all offices for free distribution to
interested people, without making II
necessary for them to write to the pro-
per officials for copy. Out Of the
several hundred prospectors and To-
Gators whom have visited I can not
recall one who had copy of the fed
eral statutes at hand.
! l am satisfiedsthat in the past, and
to a great extent at the present time
a great deal of the criticism of the
present lazy is based upon ignorance
Of its exact meaning and interpreta-
ton by the courts. The government
has not been careful enough to edu-
own work I have been asked many
times by old prospectors and by off,
cials of mining companies just what
are the requirements for patenting
mineral claims Probably most Of
these peOple knew the aDprOyimate