The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-02-22
Opposition to General Revision of Min.
ing Laws Make Strong Case

Guitois va iiiilihS pupiiNotAoh7 49,
their correspondents. The Mining and
Scientific Press, of San Francisco
while not particularly opposed to GER
tain minor notifications of the pres
ent law, is against general revision
and particularly to abolishing extra
lateral rights. For this it has been
severely censured by Horace V. Win
chell, one of the leaders in the revision
campaign, which recently led to an in
terchange of compliments by Mr.. VIM
chell and that journal. This has been
followed by general discussion Of
revision by correspondent of Mining
and Scientific Press, all of whom up
hold the position taken by the Press on
the question. The last issue contain
ed two contributions which are here
reproduced:
Position on Revision Commended.
The Editor heartily commend the
editorial comment in your issue of De-
cember 23 upon the proposed revision
of mining law. | regret that to do 50
compels me to take issue with my es-
teemed friend, Horace V. Winchell. for
whose versatile talents have long had
such an enthusiastic admiration, and
! should be sorry to have him classify
me among those "shrouded in the
densest ignorance on the subject" His
quotation from Judge Dickson does no
violence to your statement that the
present law has been filtered through
The intent of the law is made reason
ably clear by the numerous court de-
cisions, but it is still true, as Judge
Dickson says, that Its true meaning
or Interpretation is still unsettled as to
many questions So is the interpre-
tation of our national banking law
and of the interstate commerce acts
still unsettled as to many questions,
and this is evidenced by the numerous
cases constantly arising under those
laws. The trouble is that the advo-
Gates of general revision imagine a
perfect law can be enacted. one whose
language will be so clear that no dis
putes can arise under it. No lawyer
need be told that it is impossible to
express such a law in our language.
The trainers can not anticipate every
question that may arise under a law,
and even if they did, words can not be
arranged to express the rule complete
ly and without ambiguity. And even
this nonld he II S ip1nOcS ih1a
to bring about the enactment of such
a law, especially under conditions ex-
listing in congress, where such a law
must be passed by men 80 per cent OF
whom know absolutely nothing about
mining or public land conditions. To
this situation we might apply the re-
marks in your last issue upon the sub
ject of simpified spelling. No doubt
our spelling could be simplified and
improved, and we are just as likely
to obtain an ideal system of spelling
as an ideal code of mining laws.
But the great objection, from
western standpoint, to any general re-
vision of the mining laws at this time,
is that such revision will be made by
a congress which is both ignorant and
unappreciative of the fundamental
principles involved, congress just
now far less responsive to western
sentiment than it is to the influence
of the well intentioned but misinform
ed and impractical theorists who would
place all of our public mineral lands
under a leasing system. 1t would sure
ly result also in an increase OF fed
eral control and red tape, and limit or
destroy the present power of our state
legislatures to meet the varying local
conditions. Really, | think we had ),
better go slow at this time in changing
a law that has stood the test of As .
fruitful years and permitted-if not
fostered-that wonderful era of min
The great bulk of the inappropriate
ed mineral lands now left in the public /,
domain are situated in Alaska: hence
that territory is vitality interested in
any new legislation. From disastrous
experience we have good reason to !
rear any general TeNlSloIl dl liiS time.
We have had some trouble over the
question of discovery, but so far there {
has been no case in the courts of Alas
ka involving the law of extra lateral
rights. This although Alaska, as COM 1
pared with the states, has for years
ranked third as gold producer and
now stands fifth in copper, first in tin
and either fourth or fifth in the total
production of metals The apex law
has indeed been so well interpreted In
the courts that counsel now has little
difficulty in advising clients how to ;
avoid its complications more diff (.
Guilty than is presented in applying
any other law, for no law has yet been
written or ever will be written, that {
will be free from doubt in the involved
circumstances Of every case which
may arise under it. We are especially
opposed to the bureaucratic suggestion
that location notices be recorded in the
U. S. land offices, Of which there are
three in the territory and the nearest
often more than 1000 miles or three
weeks, distant. We fear that any re-