The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-02-22
our present metal mining laws.
MAURICE ID. LEEHEY.
Seattle, January 16

The Editor have read the eontri
> buttons of a number of gentlemen t
: this discussion, and the more reat
: these expressions of opinion on thu
! subject the more firmly | become con.
: WINGED that some of them. at least. arr
under the impression that change II
the mining statutes that would abro.
gate the right to follow the dip of g
vein in its downward course beyont
the side line of a claim, and under
meath the surface owned by another
would affect alike all mines in the
west, and that there would be an end
al once to all side line litigation. OF
course this would not be the case, as
no new law is retro active, and only
those mining claims located after such
a new law became operative would be
affected by it. In contemplating any
change in the law that would elimin-
ate the extra lateral right. due con-
sideration must be given the necessity
for following a vein downward on its
dip to- any depth that profitable ore
may be mined.
AS an illustration of this permit me
to call attention to such mines as the
Kennedy, Argonaut, South and Central
Eureka, Bunker Hill, Keystone, Ere"
dated and other deep mines in ANA dor
county, California. There the angle Of
dip of the veins is usually between so
and so degrees, and the lower work.
ings of the mines are far out beyond
the side lines of the locations that COW
er the outcrop of the veins In the case
or the Kennedy, which is the deepest
it is fully half a mile from the out
crop to point vertically over the low
est level of the mine and this distance
will increase as the workings are car
ried to still greater depth.
In the Grass Valley and Nevada
City districts the veins are much flat
ter than those on the Mother Lode and
horizontal distance from the outcrop
is gained rapidly with increasing
depth. These two districts are men
toned because they may be taken as
typical of veins in many other regions
elsewhere-the Mother Lode assures
are in slate and amphibolite schist;
the Grass Valley Nevada City mines
are mostly in granite, and conditions
obtaining in these two localities are
analogous to occurrences in other
places, where mining locations may
still be made on the public domain
When a prospector discovers the
outcrop of vein, how will the pro-
posed new law provide for him to fol-
low his vein in depth, to region, say
half mile or more horizontally dis
tant from the outcrop, and permit him
to do 50 without interference with the
rights of others?
1t may be argued that the prospect
or need not concern himself about
what may happen in 10 or 20 years, as
he, in all probability. will never be able
to carry his workings to a depth that
will take him so far from his outcrop
This may be true, as to the locator,
but if he sells his claim, as he is most
likely to do, the only rights he can
transfer to his wealthy successor are
those derived from his original loca
ton. In many respects the Mexican
is superior to ours, and in none more
so than In the method of acquiring
title to mining property from the gov
eminent. The Mexican law provides
to the proper authority "denounce'
0ocate) for the purpose of prospect
ing, as many pertenencias (claims) as
he deems necessary, for which privi-
lege he pays stipulated tax or fee
He then proceeds with his investiga
ton and when he has satisfied him.
self as to the number and situation
of the several claims he wishes to Sc
cure he relinquishes all of those he
does not consider essential and there
after pays the tax only on those he de-
cides to retain During the prospect
ing period he has the exclusive prlvi-
lege of searching for mineral within 7
the boundaries of the tract selected, |
so he remains in undisturbed posses
sion as long as he complies with the
of the law. He acquires
no extra lateral right, but is entitled |
to all the mineral he may discover
within the planes of all his boundaries
extended vertically downward. If he
can ascertain the direction of the dip
of his vein, he secures in that direc-
ton what he believes to be an area
sufficiently large to permit him to con-
tinue his operations to great depth.
This Is law that gives to the miner
all that he claims, but no more, and |
extra lateral troubles are unknown. In |
the United States these matters re-
quire careful consideration, and when |
the chaos that most
likely would ensue, following the pro-
posed elimination of the extra lateral
right-if wise provision is not made /
to ensure the privilege of deep mining
it may be doubted If such a change
is really either necessary or desirable. |
There are some who say that others
NAV acol1ire the ground everything the |