The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-06-07
THE APEX LAW AND WHY 1T
SHOULD BE RETAINED.

1t is not likely that the advocates
of repeal of the apex law will at
tempt to force action by congress I'M
til after the war. first. because they
are first of all patriotic Americans
who are devoting their best energies
to the support of the government, and,
second, because even IL they were dis
posed to urge action congress would
refuse to consider 1t until the stress
question that is bound to come up for
congressional action eventually, it is
well for all who are Interested in the
mining industry In the west to give
thought to the subject and be prepar-
ed to make their influence felt in its
solution. 1t Is for that reason that the
Miner gives considerable space this
week to the discussion OF extralateral
rights by william E. Colby, reproduce
ing mastery article published in the
last issue of the Mining and Scienti-
fic Press.
The chief argument advanced by the
advocates of repeating the extralateral
rights law Is that it. Is the source of
most Of the mining litigation and
therefore the most serious obstacle to
the advancement of the mining indus
try. Mr.. Colby completely upsets this
argument by showing that of the 5SOS
mining cases tried during the last
fifty years. which were of sufficient
Importance to be reported by the law
journals, only lis involved rights un-
der the apex law. In other words
during a period of fifty years only 1.9
per cent Of mining litigation was due
to conflicting claims under the law
allowing extralateral rights.
He also points out that if the apex
law is abolished, then the repeal of
the law requiring a mineral dscov-
cry in order to make a valid location
must follow. for with the miner for
hidden to follow his vein on the din
beyond the vertical side lines, the ex-
pense Of sinking shaft to make dis
oovery on the side claims covering the
Clip would be practically prohibitive in
most cases. He contends that this
would be a long step in the direction
or the pet scheme now finding great
FAVOR in the interior department
namely, the segregation of surface and
underground mineral rights and the
adoption of the leasing system for all
mineral deposits as it is now applied
TO non mineral.
Nr' Colby makes convincing argu-
ment against the repeal of the apex
law. and conclusively shows that in
stead of affording means for escape
rom expensive and damaging litiga.
ton, such change would be a nroli-
&c breeder of litigation, Introducing
new and complicated questions
Tor the courts to decide. This is evil
lent when one considers that all
mining claims as now located carry
With them extralateral rights which
an not be swept away by change in
ne law Claims located under. the
proposed revision would often in the ,
latural order of things Join these old c
r claims, and the question of under G
round rights would bob up in num-
rous forms, Introducing complicated i,
uestions which would REQUIRE wears +
efore they were decided on a basis b
nat would be accepted and under II
l.,
Iood as law.
The apex law has run the gauntlet a.
the courts and it Is now thoroughly h
nderstood. To supplant it now with
law limiting the miner in following Y,
$ vein to the lines of his claim AZ
presented by vertical planes EXTEND a.
downward would introduce legal
that would defeat the
lrpose for which the change was
AIDE. Let well enough alone
with foreign claims against her ~
counting to 10000 600, 900, the shin =. 10y
state in Mayjco olo,ai,, ,,n.,,