Gilpin observer., 1916-04-06
HOW THE EAST TRIES TO
lEGlSLATE FOR THE WEST

The spirit CT bueaurcacy is we'll
exemplhfied in a new measure which
a representative from Illinois mas
introduced in congress for the pur-
pose of changing the mineral land
law. This bill shows the utter 6g-
norance of the East concerning the
needs and demands OF the metal min
ing industry in the West; but what
else are we to expect when the
chairman Of the committee on mines
and mining, the fa' her of the propos-
al, is selected from state where
no public lands exist and the usual
problems of lode mining are scarce
ly known? Tie Eos er bill to abolish
the law of the apex was probably
drawn up at some pink tea. What
shall we say of 1t? To begin with,
as We have often asserted, there Is
no large body of opinion in the West
favorable to chor ge of the apex
law. The average small miner wish
es to retain the system that was
adopted a half century ago; the big
capitalist only is sponsoring the pro-
posal. Therefore, siace most metal
mines are developed in small units,
why should a pr ncirle which is suit
atde to tie operators of humble
Of a. few eastern min 'ng company di-
rectors? Herewith IS an Illustration
! of the shallownegs dis played in the
Foster bill. 1t is proposed that the
prospector shall lie permitted to To-
cate square surface 2,10O IT. each
way. He is to be allowed to pros
pect without discover fer one year,
and il, at the end of the period, he
has discovered lode, he may shift
the boundaries of his claim to take
in as much of the dip as possible.
The measure entirely neglects to CON.
slider the pos sibtlity of there being
an adjoining location possessed of
similar rights. To these wEo are
familiar with tie legal problem con-
fronting the prosTec or, it is uppar-
ent that this prov sion is the result
of an effort to abolish the apex law
and the law OF p ior discovery at
enc and the same time. 1t is more
than this, since the attempt is made
to escape the consequences of the
geology of ore depcs is altogether. II
lit is true tlat lie apex right Is
faulty accommods tion Of law 10 geolo-
gy, it is even more so in the case
of the bill introduced by Congress
man Foster. Mr.. Shamel, who has
written the only book in existence
giving a parallel treatment of geolo-
gy and the mineral and law, in the
same breath, so to sreak, is oppos-
ed to aboltshing the law of the apex
because he is fully conscious of the
dilemma. 1t is unfor unate for the
dignity and reIu alton OF some of
our congressman that gold and sill
yer and copper do not always occur
in uniform, disseminated deposits. .ex-
tending over easi.y dtfinable areas,
and tfat nature n.S not erecteu SlSn-
posts for the convenience of the
frontiersman. The PITY Of 1t also
is that nature did not consult with
the mines and mining committee Of
congress before presuming to dis
turb and eIupt the surface OF the
earth in the regions now famous
for their metallic minerals. The
time has not yet arrived when the
people of tie We t Should encour-
age amy change in tie mineral land
law. 1t is doubtful whether the arex
right will ever lie abolished. AS 1t
stands at the moment, the law of
1872 is a bulwatk OF western liber-
ties, erected against the hostile in
terests which strive to dominate the
resources of the public land States
Mining American.