The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-06-07

The complex problem here presented
is surrounded with profound difficult
ties and no matter in which direction
known quantities and untried condit
tons. 1t will take master mind to
hew the way and devise substitute
law which will work in harmony with
our other land laws and which will not
bring chaos in its wake. 1t Is certain
that II revision is desirable 1t should
not take place piecemeal and without
due consideration of its effect on 9TH
er land laws.
feel justified in asserting that the
following summarized statements are
amply supported by the facts:
|. The extralateral right principle
has existed in one form or another in
many of the mining laws of the world
but in nearly all instances this fea-
ture has been eventually abolished be-
cause of the litigation and uncertain
ty which it produced,
9. The extralateral right was
adopted as part of the mining law
OF the west by the pioneer miners
when they made their earliest quartz
locations in 1850 and 1851 and 1t be-
came the almost universal custom and
usage of the miners throughout the
mining districts to exercise dip rights.
3. The legislatures of practically
all of the western states and territor-
les had by statute declared the extra
lateral right to be the mining law in
force in their respective jurisdictions
when congress passed the act of 1866
which adopted and crystallized this
miners law without material altera-
ton.
A. The act of congress of 1872, still
n force, further coditied and confirm
ed this miner made law. changing 1t
only in minor respects, and leaving the
fundamental principle of extralateral
pursuit substantially as the miners
had originally adopted 1t.
S. The law of discovery is not only
handed down to us by the pioneer
miners of the west but is also her
itage of centuries of mining experience
throughout the world,
6. To abolish the extralateral right
will result in forcing the abolition of
the principle of discovery as applied
to lode mines as well, and these are
two of the most vital features of our
mining law.
| 7. With the extralateral right re-
pealed, the only important feature of
the underlying mineral from the sur
face will have been eliminated, and
with the principle of discovery Grad
icated, the simple and practical test,
now thoroughly understood, will no
longer be available to the prospector
and locator, and unless some substi-
tute is furnished, he will find himself
at the mercy of the agricultural claim
ant or the INSCRIPTIONS Spectator.
| 8. The alternative suggested of
leaving classification of lands to gov
eminent agents will shift the initia-
tive in determining mineral character
from the individual locator, as 1t ex-
lists at present, and will be long step
In the direction of complete govern
ment control of metalliferous mining.
9. The logical solution based on
world experience is to sever all min
eral except superficial deposits from
the surface, and dispose of the miner
ais and the surface separately.
10. Whether a workable system
based on this principle of severance
can be devised at this late day which
will not result in producings greater
confusion and more litigation by rea-
son of new and untrled problems and
conflict with innumerable rights vest
ed under the former system, is ques-
ton which would tax the wisdom OF
Solomon.
II. Revision If attempted, must be
general and not piecemeal, and should
Ibe enacted only as the result or the
lmost careful elaboration by a COM
mission composed Of the best talent
available.