Gilpin observer., 1916-08-17
PROPOSED NEW MIN.
ERAl LAND LAW

Attorney R. S. Morrison, of Den
yer, one of the best mining lawyers
of the state, and one that. has per-
haps put forth more books on mining
law than all the others combined,
has the following to say concerning
the new mining law now before con-
gress:
Edward Taylor, member of con-
gress from this state. writes me that
there will be no mining legislation
whatever at this session of congress,
but he intimates that there may be
at later session.
He sends me also copy OF the
proposed bill and the amendments
suggested. Both are interminable and
It passed in either form, world pro-
vide a mining code OF advantage to
the lawyers only.
THE mining act of 1872 has now
been construed for over forty years
by hundreds of reported decisions,
and very few questions remain where
am attorney who keeps a record of
the opinions as they are printed can
not give positive opinion ON the
merits OF the case presented.
The law ON the whole, has been
satisfactory, barring the costly litiga-
tion over the apex, and the amend
ments needed are very few.
The principal trouble has arisen
from the wording of section 1924, the
first paragraph of which reads as
follows:
1.-The miners Of each mining dis
trict may make regulations not in
conflict with the laws of the Unit
ed States, or with the laws of the
laws Of the, state or territory in
| which the district is situated, gov
erning tie location, manner OF re
| cording, amcurt of work necessary
to hold possession of mining claim
subject to the following requirements
The location must be istinctly mark
ed on the ground so that its bound
aries can be readily traced. All rec
ords Of mining claims hereafter made
shall contain the name ortnames OF
the locators, the date of the location,
/ and such description of the claim
or claims located by reference to
some natural object or permanent
monument as Will identify the claim -
Such section provides that the
claim must be marked ON the ground
and its record must contain certain
specific requirements. 1t allows min
ing districts, now obsolete, to define
further descriptions and also allows
each state legislature to do the same
The result has been that every
one of the mining states has provid
ed for details in location and details
in the form of location certificate
all generally alike, but each also
stalking and record is in no two
states exactly alike.
1T this section were amended sc
as to state just how a mining claim
should be staked and within what
time a discovery shaft of certain
dimensions should be sunk and tht
time to record the same and the
! form OF the location certificate. in
stead of leaving it TO the state leg
| islature, the mining law would be uni
form and plain, and by this amend
ment, covering less than half a page
of printed matter more good would
be done than by the proposed sweep
ing changes
ed new law are any number of sub
divisions of placeIs into differen
classes which subserves no good and
worse than all, is the proposed de
partm entail control Of all sorts o
claims before patenting.
Some of the amendments suggest
ed would require the employment o
a land office attorney by any larg'
holder Of mining prospects. The ex
pense of legal care of titles woult
be increased, and simple and easil.
understood advice to prcspector
would be out of the question:
r. S. MORRIS ON