The Goldfield news and weekly tribune. [volume] (Goldfield, Nev.) 1911-1947, 1915-04-03
Blocking Metal Mining

The Wyoming legislature recently passed a resolu-
ton condemning the proposed leasing policy of the admin
istration, citing this plan as constituting a dangerous
menace to a republican form of government" Secretary
of the Interior Lane. in his reply to Governor Kendrick Of
Wyoming, through whom the memorial was transmitted
to the secretary, after calling attention to some errors IN
the Wyoming resolution concerning the extent OF the
acreage withdrawn, which he characterlzes as misleading,
closes his statement as follows: "And that nowhere is
metal mining development blocked by these withdrawals,
the law specifically permitting metaliferous mineral entries
on withdrawn lands
1t is probable that Secretary Lane is fully convinced
that this latter statement is correct, but the Mining Con
gress Journal says it would like to call attention to one
specific case now awaiting decision IN the interior depart
ment. The exact details of this case are not at hand, but
in a general way the following statement is correct:
Several years ago Mr.. Bolthoff of Denver came into
possession by location or otherwise of several mining
claims and a mill site in Clear Creek county, Colorado.
After some years of work and the expenditure OF many
thousands of dollars upon the claims, he began the erection
of a mill upon the mill site to treat the orebody which his
velopment work had disclosed, and at the same time APP
piled to the government for a patent upon his mill site and
mining claims. After spending something like $4,000 in
permanent construction work upon a mill and after pur-
chasing machinery of approximately equal value with
which to complete it, to his great surprise he was met by
the determination of the land department that the mill site
connected with his mining claims could not go to patent
because of the fact that the valley mad been withdrawn
from entry as a water power site An appeal was taken
to the secretary of the interior. Mr.. Bolthott employed
attorneys, sending them to Washington, and after consid
cradle effort on the part of the senator's from Colorado a
hearing was finally arranged before a subordinate OF the
interior department..
The legal right of the appellant to patent upon a loca-
ton made before the withdrawal order his equitable right
growing out of the fact that in good faith he had expended
nearly $IoO 600 in making valuable a property otherwise
absolutely worthless; the fact that the mill would not in
terfere with the use of the land for power-site purposes,
were all ably presented by the attorney to the department.
A special plea was made for an early decision OF the ques-
ton on the ground that a large enterprise must remain at
a standstill until the question at issue was determined.
The only ground upon which Mr.. Bolthoff can hope
for the granting of his patent is that his mill site was filed
on before the order was made. Had it been after the
withdrawal, there would be no hope for his getting patent
until the federal administration shall entirely reverse its
theory of handling western lands. Had Mr.. Bolthoff
known that his right to patent would be questioned he
would not have spent 100000 in the development of
those claims; he would not have undertaken to build a mill
for the treatment of ore which he had developed. The fear
of trouble of this sort is BLOCKING metal mining develop
ment" in the west.