Chicago Paper - New Angles to the Apex Law

One of the heaviest burdens uselessly cast by our mineral land laws upon the holder of the title conveyed by a patent from the United States is due to the provision excepting known veins from land patented as placer. In many instances the expense of defending such titles from the assaults of the owners of lode locations made upon the theory that the veins so located were known to exist at the date of the placer application for patent has exceeded many times the value of the land in question. Neither the lapse of time, however long after the issuance of the patent. nor repeated adjudications by the courts serve to quiet such titles Or to prevent them from being questioned. In the passage of laws providing for the acquisition of title to the mineral lands of the United States, Congress provided that the title to known veins should not pass from the United States by a patent based upon a placer location. As construed by the courts, the law (Sec. 2333 R.S.U.S.) provides that the applicant for a patent upon a placer claim may, if any vein of sufficient value to justify the expenditure of money in its development is known by him to exist within the boundaries thereof, include in his patent application an application for patent upon the vein as a lode claim; and failure to do so is to be deemed a conclusive declaration that the applicant makes no claim to the vein nor to an area of surface ground extending for 25 ft. (7.6 m.) on each side of its middle or center. As to such vein and such area of enclosing surface ground under the circumstances stated, the title remains in the United States notwithstanding the issuance of a patent that purports to convey the entire surface of a described area and everything beneath it, excepting only the segments of veins the apices of which lie outside of such area. Such known veins with such area of enclosing surface ground are, of course, at any time, so long as they remain unlocated, subject to location and appropriation in the same manner as other. veins upon the public domain. The history of the operation of this law in one district will serve to illustrate its effect generally throughout the mining regions of the United States. In the Butte district, the mineral that first attracted the atten-