The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1915-07-08
BLOCKING METAL MINING.

| The wyoming legislature recently
passed a resolution concerning the
proposed leasing policy of the aa-
ministration, citing this plan as con-
stltuting a dangerous menace 20 a
republican form OF government" Sec
rotary of the Interior Lane in his re.
ply to Governor kendrick of wyo-
ming, through whom the memorial
was transmitted to the secretary. ar
ter calling attention to some errors
IN the Wyoming resolution concern
ing the extent of the acreage with
drawn, which he characterizes as
misleading, closes his statement as
follows: And that nowhere is me,-
al mining development blocked by
these Withdrawals, the law speclncal-
,y permitting metalliferous minera.
entries on withdrawn lands"
1t is probable that Secretary Lane
Is fully convinced that this latter
statement Is correct, but the Mining
Congress Journal says 1t would like
to call attention to one specific case
now awaiting decision In the interior
department, The exact details of this
case are not at hand, but in a gem
.eral way the following statement is
correct:
Several years ago Mr.. Bolthor Of
Denver came into possession by loca-
ton or otherwise of several M.
claims and mill site in Clear Creek
county. Colorado. After some wears
OF work and the expenditure of MANY
thousands of dollars upon the claims
ne began the erection of mill upon
the mill site to treat the ore body
which his development work had dis
closed, and at the same time applied
TO the government for patent upon
his mill site and mining claims. Ar
ter spending something like s25. 900 In
permanent construction work upon d
mill and after purchasing machinery
of approximately equal value with
which to complete It, to his great
surprise he was met by the determin
alton of the land department that the
mill site connected with his mining
claims could not go to patent be-
cause Of the fact that the valley had
been withdrawn from entry as a wa
ter power site. An appeal was taken
to the secretary of the interior Mr..
Bolthof employed attorneys, sending
them to Washington, and after con-
siderable effort on the part of the
senator's from Colorado hearing was
finally arranged before q subordinate
of the interior department.
The legal right OF the appellant to
patent upon a location made before
the Withdrawal, order; his equitable
right growing out Of the fact that In
good faith he had expended nearly
100000 in making valuable a prop
erty 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 de-
partment. special plea was mace
for an early decision or the question
on the ground that large enterprise
must remain at standstill until the
question at issue was determined.
The only ground upon which Mr..
Bolthoff can hope for tne granting Of
his patent Is that his mill site was
fled on before the order was made
Had 1t been after the withdrawal
here would be no hope for his get
ing patent until the federal admins
ration shall entirely reverse It's the
Try of handling western lands. Had
Mr.. Bolthoff known that HIS right 10
1atent would he questioned he Md
lot have spent 100000 in the develop
nent Of those claims; he would not
lave undertaken to build mill for
he treatment OF ore which ne had
developed. The fear of trouble or
his sort Is blocking metal mining
evelopment" in the west. ~,