The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1921-08-11
Thursday, August II, 1921.
UNWlsE TO ABOLISH THE APEX
LAW.

Three years or more ago a commit
tee of eminent engineers representing
the various mining professions I'M
dertook the task Of revising and cod
flying the mining laws of the United
states, the presumption being that
there was widespread demand for
such action among those who were
interested in the miningi industry.
This committee completed it's work
last spring and the proposed revision
bill was widely published in order
that all concerned might be fully ad-
vised regarding its provisions. Re
Gently the bill was introduced in con
gress and is now in the hands of the
mines and mining committee of the
house In spite of the wide publicity
That has been given to the measure.
little interest seems to have been
aroused and certainly nothing that
could be regarded as indicating
prevailing sentiment in favor of if. In
lact if the limited expressions that
nave been heard on the subject. with
the exception of that emanating from
the technical press, may be taken as
representing sentiment in the mining
industry the revision of the laws is
not desired, with the possible excen-
ton Of some minor features While
numerous changes are proposed. in
Guiding doubling the size of claims
permitting cash payment in lieu of
labor for assessment work. location
OF claims without mineral discovery
making assessment work at the rate
OF 80 per acre and permitting oper-
ating companies to acquire large sur
face areas for dumping tailings the
vital provision Of the proposed law is
that abolishing exralateraI rights.
The right Of the miner to follow his
vein to any depth even though if
passed beyond the side lines of his
claim and within the lines Of other c
claims, having first established his a
right to the apex OF the vein. was a t
principle evolved by the early miners s
Of the Pacific coast when it became t.
necessary to establish rule for the "
settlement Of disputes between con- Il
ilicting claimants, and this principle T.
was written into the mining law over "a
fifty Years ago. OF course those pio- IL
'eers Of great industry could not "a
oresee the complications that might &C
rise in the application of a rule OF
which to them seemed simplicity it. fl
elf and practically self-operative. SC
little they knew of the mysteries and tr
ntrieacies OF rock formations, vein ia
uucture, mineral deposition and the sc
Ike as deciphered and elucidated by tn
lodern geological experts. and there fiji
ore they could not forese the expen- 1t
we litigation that has eventually re- to
ilted from the adoption of what APP re
cared to be simple rule based up er
a what they regarded absolute JUS as
ce for the settlement of possible sol
spntes. But il they had been GIFTED tit
tn this provision, they would have tn;
so been wise to the fact that this me
ng and expensive litigation, of ful
hich so much has been and is be- the
g said by those who would abolish pie
e apex law, would necessarily in the
I've extensive geological research of pre-
value to the mining in urS
stry and which would never be ac- at
mplished through private or gov anc
lment enterprise purely as a mat her
of scientific investigation; and ing
1t while deploring expensive litiga- sole
n, even that has its compensating ana
lefts in which the entire mining fav'
ustry shares. beei
But even if it be conceded that to won
Ike the vertical planes Of the sur Will
e boundaries of a mining claim ~
limit of ownership of ore deposits by
rein. as provided by the trainers Of the '
proposed law, is preferable to the war
sent apex law. this is far from less
vincing that it is desirable to make as il
change No law can be passed bin
t viii deprive existing claims of toed
ir extralateral rights, and to adopt hero
proposed system would necessar- mucl
cause confusion and probably in Pres