Bisbee daily review., 1916-04-30
LAW OF MINES
 DETAILED IN ARTICLE

Continued From Page One.)
 quartz veins soon were discovered and deeper mining began. In 1859 the rich silver mines of the Comstock lode were discovered in Nevada Soon miners and prospectors were working over an area comprising one-third of the territory of the, United States. Technically they were trespassers on the public domain. Under the Jaws. then existing, only agricultural land could be taken up. Mineral lands were expressly excepted from the operation of the Pre-emption Act of 1S41. Congress took no action. This region was remote. Few, if any, members had the knowledge requisite for adequate and wise legislation. The miners were left to 'muddle through by themselves. They did exceedingly well; they framed laws and regula- tions adequate for local needs and pushed the development of the West with unexampled speed. When the lawless element seemed in danger of getting the upper hand, when murder became .so common that it would be commented on casually in the phrase Man. for breakfast this morning, :" then the better element drew together, vigilance committees were formed and the bands of murderers and highway men were summarily eNterminated. q
 Each mining district drew up and enforced its written code of regula- tions. They aimed to secure fair rights and equal opportunity between man and man to explore. develop. and produce. There was variation in de tail. but the underlying principle was the same in the thousand or more dis tricts scattered over the mountains aHd deserts of the West. That princi- pie. oId as mining and basic in the lsws Of other countries, was that oFnership was founded on mineral discovery followed by active develop nlent, The regulations permitted the holding of the surface necessary to mining operations. Each locator, ex- cept 1.-the original discoverer, was limited to one claim on any vein. Its length. varied, but rarely was over 300 feet. n.
 iHete then were conditions under which sEurface titles were not to be, bad. ,, the veins. were considered, in effect. AS movable property apart frbm ntAe ground containing them: each :locstor was limited to one claim 1 short length along the vein. Under GesesRprditions apdS dealing chiefly Ndth one class -yof 1 1ineaallifepous de bosits; (naHow well-deiped. yeinsf the idta .ef axtra-lateraf, right swas adopt ed sThe source of this principle is not known If it was not a spontane- ous development, it may have been suggested by English miners, since in one district in Derbyshire it was the custom in certain lead mines. It was also embodied in the mining law of Sweden, but was abolished in part in 1925 and completely in 1885. It is not probable that any of the pioneers knew that a similar law had been in force in Prussia in the 18th and 17th centuries, but had been repealed be cause of the interminable litigation it had fostered. British Columbia adopt ed the principle from our law, but dropped it a few years later because it proved a bountiful mother of law suits.
 After IS years of active develop ment under these regulations, rein forced by State legislation giving them legal standing, came the first national mining act, that of 1866. 1t permitted the purchase of mineral land, granting a patent in fee simple after certain regulations had been complied with and the land paid for at the rate of S5 per acre. In fact 1t was summary and average of local regulations supplemented by land act throwing open the mineral-Dearins portion of the public domain. Sen ators Stewart of Nevada and Conness of California were its chief sponsors. They believed in things as they were. but realized the need for clear titles. At that time litigation on the Com stock lode, with its source in the insecurity of simple possessory titles, was on scale comparable with the battles fought years afterward at Butte. But be it noted that the latter had their chief source in the Law of the Apex, which became a fearsome thing when applied to the intricate vein systems of that district in Mont ana
 The supporters of the act Of 1866 had to fight proposals to make the sale of mineral lands the source of large revenue. Some advocated sell ing them to the highest bidder, regard less of possessory titles. One bill set