Gilpin observer., 1917-02-15
WHAT THE PRosPEcToR HAS
DONE FOR THE NATION


We commend to the attention OF
every reader the article oe Mr.. Van
Wagenen, concerning THE Prospec
tor and the Mining Law" We dc
mot know of another paper or maga.
zine contribution which delves 81
deeply into the philosophy Of the
American mineral land statute as 1t
affects the discoverer of minerals
and the consequent development OF
the countrys mineral resources. Mr
Van Wagenen has reflected upon this
subject for many years, as all his
friends know, and his observations
have been directed by the intense in
terest which he has taken in the
sociological and economic aspects of
the prospector's activities. Whether
he is correct in his conclusion that
,he apex right is fundamentally nec-
essary to the prospector's business
nay remain matter Of debate, but
he males strong case and, at least
establishes the position that the lib
eral law under which we have hither-
to operated in the United States is
the predominant cause Of the rapid
mineral development which the west
has enjoyed. A desire to suppress
this development, or at least reck-
less and ignorant willingness to per-
mil DO Cd nf &c
fairly imputed against those who
have instituted measures to revise
the mineral land law in its entirety.
The west is confronted. by a danger
GUS situation when nonresidents and
Washington bureaucrats are permit
ted to fcrce their views upon the peo-
rle who are actually developing the
public lands. Is it not little start
ling that the director of the Bureau
of Mines has called upon seven New
York engineers to assist in the draft
ing ora bill which shall look to the
revision Of the law? Is it not apprc-
pirate that the hiring men of the
west should criticize Director Man
ming for this action? It is well known
that the revisio nists of New York
City are particularly desirous of rad
ically changing the mineral land law,
of abolishiDg the extralateral right,
CT overthrowirg the printirle Of dis
covery, and Of tampering with the
rules governing annual labor Some
of them are openly in favor of the
federal leasing of all mineral lands.
Accordingly, the west is driven to
the position Of objecting to even a
practical discussion Of few simple
changes which may seem desirable.
AS for the apex law, 1t may be re-
garded in one sense as a bulwark of
western liberties, since it stands as
a distinctive principle, the abolition
of which tends to oher adjustments
of the law of far-reat hing and dam
gercus nature. Charles H. Shamel,
the author of a remarf able work en-
American mining law in relation to
the geology Of ore deposits, is in
agreement with Mr.. Van Wagenen up
on the theory that the extralateral
right is a develo per's right, while
pointing out at the same time that
the re,isionists are principally actu-
ated by desire to serve the views
of the great capitalists, who are
prone. many Of them, to forget the
preliminary steIs Of discovery and
through which mines are
brought to frui Il n. II is the nom
resident capitalist, interested in the
pure hase of large bodies of develop
ed ore. but not disposed to indulge
his fancy in those mining risks which
the developer assumes, that is most
apt to disregard these preliminary
steps. The men of large mears who
live in the west and who have made
their fortunes in mining share the
liberal point Ct view toward the de-
velorer; they are familiar with the
sociological asrects OF mineral land
administrator; they are Of kith and
kin with the plain maker of mines.
Again we refer to Mr.. Van Wagenen's 8
argument concerning the prospector
and the mineral land law. and recon-
mend the careful reading of his ar
t!cle.-MiIing American.
Read the wsr news In the Obser.