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

land everything the dip of the vein. I'm
der the existing land laws there Is nc
tway TO prevent such action unless the
land department can be persuaded to
withdraw the land from agricultural
entry pending its classification, mani
testify impossible in every instance, as
we'll as interfering with bona fide ac-
QUESTION of agricultural titles. With
the extralateral law in force, the To-
Gator can locate n claim embracing the
apex of the vein and make a valid
which is nearest To the surface. Abol-
ish the extralateral right and 1t be-
comes difficult. and. in many cases,
/ impossible to discover mineral with
in the vertical boundaries of claims
overlying the dip of the vein
II any change is to be made in eX-
listing law. and If conditions are TO be
/ improved rather than made worse, in
stead of abolishing the principle of the
extralateral right it should be carried
even further by amendment of the
public land laws providing for the
severance from surface lands of all
minerals except superficial deposits
Surface lands could be disposed of I'M
| der existing laws providing for the ae-
QUESTION of agricultural and other
nom mineral titles except that the
mineral should be permanently reserv-
ed from such surface grants. AS the
law now stands. and as has already
been noted. only minerals known to
exist at the date of the agricultural
grant are reserved, and even such
minerals become the property of the
surface proprietor by virtue of the ex-
listing statute of limitations. and also
the additional protection thrown by
the courts about surface proprietor
in possession. BY reseving minerals
from agricultural lands, and allowing
the miner the right of entry for pur-
poses of prospecting under restrictions
with the added requirement that the
surface proprietor be compensated fol
damage, the interests of both the min
er and the agriculturist would be con
served In all the important mining
countries of the world this segrega
ton has taken place and this Is the
reason why in such countries the ex-
| tralateral principle is not essential
In hn wi h..
out such aggregation or severance OF
minerals from the surface, the extra
lateral right has powerful addition
al reason for existence. With sever
agricultural and mineral interests, the
element of discovery also, now so vital
in the mining law of the United States
would assume secondary importance
Il the principle of severance is incor-
porated in a revised public land law
vertical boundary system for the ac-
QUESTION of mineral lands could be
adopted simultaneously without re.
sulting in great hardship to the miner
for the agricultural surface claiman
could no longer claim the underlying
minerals The surface perimete'
within which the miner could Worl
should be so adjusted as to give hin
as much opportunity as possible Il
mine in depth on the vein. This would
in effect be an adoption of the Frencl
system of mining law However t
radical change of this sort would un
questionably result in increased super
vision of mining operations by the fed
era government and conversely ma
teria sacrifice of individual contro
over such operations. 1t might eVel
result in permanent reservation by tn
. federal government of all minerals
metalliferous as well as non metallif
erous, and their disposition under
leasing system. This would be il
line with the new public land polio
as evidenced by recent acts of con
the government which have been up
held by the United States suprem
court The federal government ha
provided for such severance in tn
case of lands containing coal, oil, gas
phosphate and similar minerals, an
1t may be that the experience derive
from the practical development of sue
, lands will aid in determining this ser
, ious problem when applied to the met
alliferous minerals. The severance G
, surface title from the undergroun
, minerals would also discourage specu
lators and blackmailers who nov
fraudulently seek to acquire title t
surface lands under agricultural law
in order to levy tribute upon the bon
fide mining operator.
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