Graham guardian., 1914-03-13
THE JONES DECISION
Should Lead to Remodelins
Our Mining Laws to Con-
form to Present Needs
Written for The GUARDIAN, by Thos.
F. Weedin.

Written for THE GUARDIAN, by Thos
F. Weedin.
| 1t is logical to assume that the
intenct Of congress when enactinQ
the laws pertaining to the discovery
location. development and appro
priation, by patent, of metaliferous
veins and deposits situated upon the
pablic domain, was to encourage in
stead of discourage those lending
their time, talent, energy and means
To- The task Of upbullding this very
important branch Of our mining N.
dustry.
1t is equally as logical to assume
that congress also expected that the
officials charged with the admins
tralion and enforcement of these
laws would so administer and en-
force them rs to give full force and
effect to said benefcent intent.
But at this day and date this can
be done only by observing the spirit
rather than the letter of the lazy,
for the reason that our advanced
knowledge of The genesis Of ores, d
decision based upon the provision
Of the law making the right to To-
cate or patent mining claims con-
tingent upon the discovery upon (he
surface thereof mineral in rock in
place." would do violence to both
equity and common sense and at
the same time defeat the end in.
tended to be accomplished by the
enactors of the law, namely: The
development OF our great metallic
mineral resources. '" ... q,
At the date of the enactment of
our national mining laws all know!-
eige of ore genesis was based upon
theories. amply demonstrated by
all subsequent mining experience to
be as failacious as they were absurd.
But congress has not elected to take
note of this truth and so amend said
laws 50 as tO make them mC Ell pres
ent day conditions and requirements.
AS a result of these laches on the
part OF congress. the development
of our metal. mining industry has
been greatly retarded, for the rea-
son that up to the date of the re-
organization of the Interior Depart
ment under the present sane and
efficient administration, the officials
charged with the enforcement Of
the provisions of our antiquated
mining law gave them a literal in
terpretation and enforcement, with
out attempting to construe the in.
tent of congress and without regard
to the equities involved.
Under this construction of the
laws, districts in which the metallic
values are dessiminated throughout
large areas of particular formations,
only such portions of said areas as
shall have escaped being capped by a
flow of lava or deposit of conglom
crate can be located or patented.
However clear it may appear, from
the natural conditions present, that
these mineralized areas extend under
and beyond. in every direction, the
overlay of lava or conglomerate, the
applicant for patent or even the
locator is estopped at the edge of
the aforesaid overlays by the min
eral in rock in place" provision. |
The fact that the ground in ques-
ton is absolutely worthless for any
purpose except that of mining is
given no consideration. .' !
Mr.. A. A. Jones, who is Assistant
Secretary of the Interior Depart.
nent of the new administration, is
/ western man. familiar with geoIog-
cal conditions in Arizona, New
Mexico and the other mining States.
he history of their mines and the
genesis of ores as proven y that
history. Therefore, he recognized
he injury and injustice that a literal
Interpretation of the provisions of
'ur present National Mining Laws
imposes upon the mining men of
hese and other States. and when
lie was called upon to pass judgment
N the application for patent in the
Rough Rider case, he disregarded
he old precedents, was guided by
he evident intent of the law and
ecided in accordance with the rules (
+ equity and common sense, thereby I
triking the shackeIs from the hands
t mining men and prospectors, be.
ides opening the door to greater {
pportunity in the mining field that '
yill not only result in greater ac-
ivity,in mine development, enlarged s
reduction, but also in a largely in s
reased demand for labor and sup
lies, thus insuring general pros. {
eri,y in the mining districts and c
he adjacent farming districts.
The officials of the Phoenix Land c
'ffice were just preparing to send !
p decision in the Barney case at l
liami, along the lines discussed v
erein, and take chance on being f
lstained, when the very compre- r
ensive decision of Assistant Secre. 3
,ry Jones reached our desk. Mr.. f
ones will be regarded by the min il
IL communities of this States as a t