The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1916-11-16
CONFLICTING OPINIONS ON RE.
VISION OF MINING LAWS.


Under the leadership of the Ameri-
can Metallurgical society, the question
of revising the mining laws has re-
ceived much attention during the past
few months and the wide discussion
which has developed through the min
ing press of the country has disclosed
variety Of opinions on the numer-
Gus features of the proposed revision.
The discussion has been largely con-
fined to members Of the technical
expressed are far from harmonious
The discussion has developed stu
alton which indicates that many of
the advocates of revision took up the
agitation under the impression that 1t
was a simple matter to supplant law
governed mining operations, every
feature of which had been construed
by the courts to an extent that has
made 1t one of the most comprehen-
sive laws II is now beginning to
dawn upon these technical gentlemen
that while the laymen are willing to
accept their opinions in the particular
branches of mining for which they are
highly trained, the prospector, the
miner and the operator reserve the
right of personal judgment in the
matter of revising the mining laws
and it is far from being in line with
that of the experts.
While the proposed revision con-
templates practically a rewriting of
the mining laws of the United States,
the main point to be gained by the
revisionists is the adjustment of ex-
tra-lateral rights. The matter of
right and justice of this law in its
application to the discoverer or own
err of a valuable mineral bearing vein
the entire argument against it APP
pears to be summed up in the con-
tention that it leads to costly litiga-
ton and is thereby serious obstacle
to mining development. Supplement
airy to doing away with the extra
lateral rights the revisionists propose
to repeal the law requiring a mineral
discovery as basis for locating a
claim and it is also proposed to give
a claim owner under the new regime
the option of expanding 800 a year in
labor on the claim or of paying the
same amount in cash to the federal
government.
The question, then, is whether the
possible litigation that may follow
the exercise of extra lateral rights is
of more Importance than the protec-
ton of the right of prospector to
that which he discovers? Is the pros
pector to be robbed of the fruits of
his labor by one who locates side
claim after the discovery is made on
the mere chance that the vein may dip
into his ground? The moral right of
the discoverer of valuable mineral
deposit to follow 1t to any depth re-
CARELESS of his side lines does not ad-
NIT of argument, and the only ques-
ton involved is whether this moral |
right should overbalance the POSSIBLE
ity of litigation. We think it should I
We think it is more important to the
mining industry that the prospector |
should have assurance that he will !
have the full benefit OF his discovery |
than that his rights should be cur
tailed in order that those who may |
subsequently acquire his property
may be spared possible litigation AS
a matter of fact, as was pointed outs
by mining man of wide experience
recently, litigation over extra-laterAl
rights is frequently a blessing in dis
guise. He named numerous mining
districts in the west in which the close
geological study incidental to this
class Of litigation resulted in more ex-
tensive exploration work and the dis