The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1914-07-23
INITIATION Of TITLE
TO MINERAL LAND
INTERESTING DISCUSSION OF A
SUBJECT OF IMPORTANCE
TO MINING.


Mining Engineers and was prepared
by Albert Burch, general manager Of
the Goldfeld Consolidated Mining
company, and formerly general man
ager of the Bunker Hin & Sullivan
Mining company:
An analysis of this subject de-
mands study of the theory and
practice of the present system, con-
illusions as to its merits, and recon-
mendatons for remdying its defects if
any be found.
The theory Of the present law with
reference to lode locations contem-
plates the existence upon the surface
of mineral bearing veins which have
clearly marked boundaries and which
can be so readily traced that locator
may Immediately mark the boundar-
les of his 600 by 1909 feet claim IN
such a way that the vein will pass
through both of its end lines 1t also
supposes that. having discovered such
mineral bearing vein, the locator
will at once post notice upon such
discovery, mark the boundaries Of his
location in such manner that they
can be readily traced, and from that
time forward have absolute title to
the ground embraced within such
boundaries, as against every person
except the United States.
i,,i+ ia IA r1o
the law presupposes the discovery of
a valuable mineral deposit; but not
necessarily in place. as in the case of
lode claims: and the location must
be made to conform "as nearly as may
be" to the legal subdivisions of the
United States public land survey.
When the placer law was extended to
include the acquisition Of title to oil
LANDS, no exception was made as to
, the necessity for The discovery Of val
liable mineral in advance of location.
Difficulty of Location.
Nature did not make all veins clear
" defined and readily traceable upon
the surface: nor did she, in all cases,
leave upon the surface which over
lies important ore bodies such out
crops as would in themselves be con-
siderod valuable: and the citizen Of
the United States has in the past en-
deavored to steer his course between
the mandate of the law and the linn
itaticns Of nature.
Until quite recently, it has been
r., N n
thing called a mining claim. regard
less Of the character Of its discovery
The department Of the interior is now
insisting, however. upon a more strict
compliance with the letter Of the low;
and it has become almost, If not quite
necessary to demonstrate the existence
of payable ore within the limits Of &
mining claim in order to obtain 2
United States patent therefor (but not
Of course in order to make location
giving the locator a possessorv title
against all except the United States
Whether this change Of policy 0r
the part of the department of the in
terror has resulted in a general at
tempt on the part Of locators to adj
here more closely to the letter Of the
law relating to discovery, the writer
is unable to say. But, in the past
thousands of lode claims have beer
located, upon which there We're no
only no outcrops of commercially
valuable ore bodies. but no Outcr0D'
Of any nature whatsoever. The boun
daries Of claims have not been 81
placed that the veins found within
them cross their end lines at the sur
face. nor have their boundaries beer
50 marked upon the surface as to b
readily traceable The result of thf
laxitv, in conjunction with the extra
lateral right Granted by the law, h9
been costly litigation. which has mad
tho american mining law by-Wor
among mining investors, and has. u
many cases, actually prevented tn
investment of both domestic and for
eigr capital in American mines.
Placer claims except for acquirin
title to oil lands. have ceased to b
very important in the United states
end. oven in the past, comparativel
few have been located without som
semblance Of discovery
The chief faults Of the present sys
tom as viewed by the writer, are bu
two in number:
1. If the law be not strictly com
piled with. the result is expensive lii
igotinn and uncertain titles.
2 r. the law be strictly enforce'
then n is not possible to obtain sal
iefactorv tile to such areas Of min
ing ground as are necessary for ecc
nom'nal operation by present Ga
methods.
Per- edies Recon1n
1. The writer suggests that dis
covorv" &c a prerequisite to the locs
ton of al classes of mining claim
be abolished in law, as it has bee
FIR marv years past in practice.
THAT in order to avoid surfa'
conflicts, claimant be REQUIRED
hovo his claim surveyed immediate
after location by a salaried survey
in the employ Of the government, az
that tho government charge such fe