Federal Mining Act of 1872 and the Problems of Its Amendment

AT various times during the past quarter century proposals have been made that the basic Federal mining law of 1872 be repealed or amended, and that in its place a new and simpler law be enacted to provide for the entry upon, working, and the taking up of claims on the unallotted Federal mining lands in our western states and in Alaska. Serious discussion and study have been given such proposals but little has resulted there from, except perhaps a lively interchange of opinion and the conclusion that though the Apex law of 1872 is in many ways highly unsatisfactory and frequently a fomenter of strife and trouble, it still bids fair to remain with us. Under this act a greater part of the non-ferrous mining industry of the United States has developed. With all its short-comings it is the legal bridge that has carried over the innumerable caravans of adventurers and prospectors who explored our mining frontiers. For without any amendments of substance this act has for fifty-eight years been the guide in the location of our western Federal mineral claims and has stood unchanged during the most important period of our mining history. While Federal and state acts and amendments have been ground out by thousands and tens -of thousands the mining act of 1872, with a :strange tenacity, has remained as constant as the Rock of Gibraltar, and under it states, mining districts, and local customs have developed different codes for its application but its fundamentals have been unaltered. "Use doth breed a habit in a man"; until now the application of the law of 1872 has become a second mining nature.