The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1914-02-19
Ginning and Scientific Press)

Ginning and Scientific Press)
Much has been written Of late re.
garding the proposed revision OF the
United States mining statutes. There
seems to be strong current running
In the direction of such revision and
the probabilities are that congress will
in the near future, be urged to radio
ally amend the existing law, If not II
adopt an entirely new system.
Difficulty Of Revision.
1t is, therefore, OF the utmost i'm
portance that such action should he
taken only after mature elaboration
The proposed changes and the reasons
underlying such changes. should ne
subjected to the most searching scrut-
my, while the probable effect on the
mining industry Of the laws to be sub
sttuted in their stead should receive
the most careful and critical consider
alton. That the general excellence Of
the existing laws has been material
factor in the wonderful development Of
OuI ICSOuICCS Iluot NC 6CHCl
ally conceded The results have
abundantly justified the sagacNy Of
the trainers of the act, and for this
reason. II we have outgrown the sys-
TEN or If some Of his provisions re-
quire amendment, it would seem that
the burden is on the critics to estab-
lish beyond a reasonable doubt that
what they offer as a substitute will ac-
complish the results claimed. Unless
they can practically guarantee that
what they offer will materially i'm
prove existing conditions, the move
will be a dangerous one and may have
a disastrous effect on mining in gen.
eral. Most of the criticism aimed at
the existing law is of superficial
character and throws but little light
on actual conditions.
ExtralateraI Rights and Discovery.
The object of this comment is TO
call specific attention to some of the
important details which, so far as the
writer is aware, have not been salts
factorily treated by the advocates of
revision. The two most radical
changes proposed are the adjustment
Of the extralateral right and doing
away with the necessity of making
discovery. Those who advocate the
first change are consistent in recon-
mending the second. If the right to
follow vein down on it's dip under
meath adjoining ground is denied, an !
vertical side boundaries are to con-
troll then obviously discovery on the
claims everything the dip on the vein
and situated several hundred feet from
the apex would only be possible after
great expenditure Of time and labor.
A shaft would have to be sunk from
the surface Of such outlying claims to
intersect the vein in depth if the re-
Quirement of discovery on each sep
arate claim be retained
Is Revision Wise?
Is 1t wise that we should wipe out
this existing discovery requirement?
Let us examine the underlying reasons
diiu oitiNipeiNS IL lcSSiptt NV tpAloS-
quences which must inevitably result
from its adjustment Some uninfor-
med critics Of the present law have
referred to Its discovery requirements
as being IAN impossibility of mining
law originating in America" No one
at all conversant with the origin Of
the discovery requirement In the min
ing laws Of the world could possibly
stand sponsor for such a statement.
AS Judge Lindley In his classic work
on the Law Of Mines" has said:
Sec. 1886. Discovery the Source Of
the Miners Title-Discovery in all
ages and all countries has been re-
garded as comforting rights or claims
to reward. Gamboa. who represented
the general thought Of his age on this
subject, was Of the opinion that the
discOverer Of mines was even more
worthy of reward that the inventor Of
a useful art. Hence, in the mining
laws Of all civilized countries the great
consideration for granting mines to
individuals is discovery"
Antiquity of Rights Of Discovery.
The right of dscoverer of a mine
to have the preference in the conces-
sion is recognized in the mining law
Of nearly every country of continental
Europe In Germany in the middle
ages, in the famous mining district OF
JoachimSthal, free prOspectors' licen-
SEES (Frei Schurfen) were granted, but
they gave rise to so much quarreling
that they We're finally abolished.
Thereafter it was declared that:
1.-The mining regions shall be free to
every miner, who shall have the right
TO prospect therein according to his
opportunity, without the necessity u
securing previous permission. Who
ever, thro' the grace of God first dis
covers a vein shall be termed the first
discoverer and he shall have the first
diecoverers right, viz. Fundgrube
(discoverers claim. The
mining director shall grant the loca-
ton to- no one else. ="
Locators of claims (maassen) adj
Joining the discoverer's claim had IA
days within which to discover and ex-
pose vein in such adjoining loca-
tions. These regulations are typical