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

simplihcatipn, but would inevitably
add an increasing number of problems
Ia be ltigated in the courts.
/ The situation can be met in another
way. In each state there should be
a provision added to its laws whereby
Judge, specially qualified to try eN-
tralateral cases, could be called in to
sit where such rights are involved. To
/ the average judge an extralateral suit
is like so much Greek, and large por-
ton of the trial is taken up With edu-
eating the court on the elementary
principles involved In practically all
foreign countries special tribunal Is
established to try mining cases and in
some countries jurors even, are re-
uuired to be experienced in mining.
Another Objectionable feature which
can be improved is the employment
/ by each side of an army of experts.
Practically all extralateral cases re-
sClve themselves, sooner or later. into
a battle between opposing experts.
This results in great expense rs we'll
as a confusing eXaggeration of struc-
tural details of minor Importance In
a great majority of cases justice could
be as readily obtained by board OF
experts, one to be selected by each side
and "A third by the judge of the court,
the expense to be shared equally by
each party. These experts could eX-
anime the properties involved and
make report on the geological oc-
Currences. They would agree on most
facts and where there was a differ
ence of opinion litigation work could
be ordered to further develop the
points of difference. This plan would
eliminate much of the expense and
time consumed in such trials, and
would obviate a plunge into untried
hazards which are bound to follow a
radical change in the law
If it is litigation we wish to avoid
they why not also compel all locations
in future to conform to legal subdvi-
sions. Requiring lode claims to be To-
Gated in conformity with public land
surveys, as is now required in the case
of placers, and also registering all To-
cations in the land offices, would elm
mate ten fold as many cases as by
abolishing the eXtralateral right; but
| by each of these remedies the advan-
tage of economic operation of the ore
deposit as a geological unit would be
sacrificed. The vein on its dip into the
earth has nothing in common with the
surface, and to parcel it out by surface
area and vertical boundaries is a
structural misft, and SO would be the
forcing of lode locations into rectan-
gular surface areas conforming to the
public land surveys.
Most of the mining laws of other
countries recognize severance from
the surface. itself of minerals lying un-
derneath the surface. The owner oil
the surface does not usually own the
minerals lying in depth beneath his
surface but a separate property eX-
lists in these underlying minerals that
the state may grant to anothere per-
son. AS a result there is no serious
conflict between the surface owner
and the individual who is entitled tt
work the mineral deposits beneath the
surface The law of ownership OF
lands acquired on the public domain
of the United States, on the contrary
Jonly recognizes such severance TO
limited extent Recent legislation by
congress does permit agricultural en-
i try of lands valuable for coal, OIL gas
phosphates, nitrates, potash, and othel
non metallic minerals. Known lode'
are also excepted from placers ant
known mines from toWnsites. Th'
agricultural patentee is further safe
guarded in this country by statute o
limitations, which provides that suits
to vacate and annul patents thereafte
issued shall only be brought within
six years after the date of issuance o
the patent" Not only does this stat
ute of limitations operate to cut off ;
mining claimants opportunity to ac
uuire mineral already known to eXis
in patented agricultural ground, Blu
rulings of the supreme court OF tn
United States and of various stat
courts have thrown additional protec
ton around agricultural claimants, 81
that after their bona fide entry OF
land under non mineral public LAM
laws has been made, it is difficult 70
a mineral claimant to make Vall'
adverse entry on the same land.
In other words, when the United
States grants nom mineral title to LAM
there is no dual ownership contem
plated except in few limited cases
Hardship is going to result to tn
miner If the extralater right is abol
ished without the simultaneous en-
tactment of legislation designed to off
set this difficulty The result of a
outright elimination of the extralat
eral right will be to feed existing az
ricultural patents which have vein
dipping beneath them with all sue
eXtralateral segments of such vein
situated vertically beneath, since sue
! segments will fall by gravity into an
| become merged with the ownership {
: the everything surface lands. Som
= nav arolIa that this is a desirable re