The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-01-18
FEW CHANGES NEEDED
IN j. S. MINING LAWS
ExTRALATERAL RIGHTS SHOULD
BE MAlNTAlNED-DIscov-
cry CLAUSE.

/ The last issue of the Mining and
Scientific Press contains an intelligent
and practical discussion of the pro-
posed revision of the mining laws by
j. T. wilkins of Tonopah, Nevada. He
contends that the only important
change in the present law is to re-
peal the provision requiring mineral
discovery on every claim and shows
why it should be changed, and he
would not change the law Of extralat
eral rights. His letter Is here repro
duced:
/ have read several contributions
during the past year or two in your
journal on the subject of a proposed
revision of the mining law. l am one
of those that are opposed to very much
tinkering with the old laws with
which we are all familiar, but there
is one phase of the existing law that
has long been the source of discord,
and which in my opinion could be
amended to advantage. / refer to
that part of the federal law which re-
quires an actual discovery prior to the
location of mining claim. Section
1920 of the federal revised statutes
declares that mo location of a mining
claim shall be made until the discov-
cry of vein or lode within the lin
it's of the claim located" This GER
tainly is clear-no location can be
/ L Ia ID VAT frp 1saC m
actual discovery of mineral bearing
rock in place."
What is meant by mineral bearing
rock in place." 1t has been interpret
ed by the department of the. interior
and the courts to mean such a show
| ing of mineral as would warrant a
man of ordinary prudence in expend-
/ ing his time and labor upon the claim
in the reasonable hope and expecta-
ton of developing paying mine
thereon, or, as expressed physically
exposed within the limits of the claim
a vein or lode of mineral bearing rock
in place, possessing in and of itself a
present or prospective value for min
| ing purposes.
Here we have both the language of
the federal statute and its interpre
tation by the department Of the in
terror and the courts. 1t is difficult to
get away from the meaning of the
statute, and it has been in the past
the cause of much unnecessary trou-
BILE, to the extent of gun plays and
even of killing.
1t is not always possible to make n
discovery without doing work-in
some instances a great deal of work
For example, take that part of the
Leadville district lying just south of
the southern slope of Carbonate HILL
where are some of the most valuable
mines in the region--the Wolftone,
Maid of Erin, Henrietta Adams, Nor.
ming Star, Evening Star, Catalpa and
numerous others-not one of which
has an outcrop of ore, nor does any
ore occur in any of these claims with
in several hundred feet of the surface.
Here, of course, was an instance
wherein the expenditure of thousands
of dollars was necessary before a dis
covery, such as the federal law plain
ly requires, could be made
True, there is but one Leadville, but
there are districts where the geologi-
cal conditions are similar if not iden-
teal. There are scores of mining
claims in the Black Hills of South Da-
in some instances the area under
which lies a great amount of profit
able ore covers many hundreds of
acres and no outcrop is to be SEEN
The ormation-limestone sandstone,
quartzite and shale is nearly flat, as
at Leadville, and the ore horizons
sometimes lie several hundred feet be-
low the surface. In other parts of the
west where ore occurs in sedimentary
formations, conditions similar to those
above described are known to exist to
an extent that makes them common.
In California valuable gold bearing
veins and gold bearing gravels in
places are covered by hundreds of feet
lof andesitic lava, through which the
miner must sink a shaft before he can
make a discovery Since the condi-
| tons above described are not uncom-
mon, would it not be we'll to recognize
the fact and to amend the mining law
so that prospector may legally To-
cate a claim where no ore outcrops,
but where, in his Judgment, he will
find ore If the necessary work be DONE
not leaving the matter to the uncer-
tainty of a decision by the courts, al
ways process involving much time
and an expense beyond the means Of
the prospector?
great deal has BEEN said about
the pernicious effect of the .extralater-
al right. True, it is responsible for
perhaps 80 per cent of all mining liti-
cation in the United States, but we
now have a wagonload or so of judi
cial legislation on this subject, so that
we know about where we are at and
1t seems needless to change it at this
late day, for it would result in con-
fusion far worse than that which nat
urally flows from the operation of this |
I a Mr n CfA ~ . L