New York Paper - Character of Title that should be Granted by Government

OUR mineral-land laws need revising so as to provide definite title at the outset to the mineral deposits within any definite piece of land. The laws as they now stand, especially those applicable to lodes, breed uncertainty as to rights of possession prior to patent; and to my mind this is the worst feature of all, worse even than the apex bugbear. It is now almost impossible for anybody to tell-with certainty what mineral rights exist within any area that is not covered by patent, or whether any valid rights exist at all. Our system is unique in permitting individuals to appropriate and exploit mineral lands of the public domain without notice of any kind to the Federal government, and to relinquish them without any ceremony at all. The result is a clouded record that cannot be cleared up until each claimant is put to some sort of final proof. In order to accomplish this, new Federal legislation will be required. The requirements for a mineral survey and the proceedings for patent have always been cumbersome and expensive; and perhaps out of regard for the poor claim owner, who can ill afford the outlay for that sort of thing, the law does not require him to go. through it unless he chooses to do so. Consequently, every active mining district has become encumbered with tangled groups of doubtful or conflicting locations, whose rights and boundaries, when any valuable ore is found, must usually be determined by lawsuits that are as expensive and as distressing as the stakes are high. So deeply has litigation entered into our mining system that a claim whose rights have never been disputed would probably be set down offhand, by $miner of the old school, as of no value. Think of the litigation over rights of possession on the Com-stock lode—12 leading companies involved 'in an aggregate of 245 suits within a period of less than eight years! Ambiguous local records; the chance of erroneously placed or obliterated monuments; doubt as to the sufficient performance of the statutory annual labor; uncertainty as to prior conflicting or overlapping locations; anxiety as to the changing attitude of the Department of the Interior and the Forest Service—such considerations as these make an unpatented mining claim an unclean thing in the eyes of possible investors. Is it any wonder that they keep themselvesand their money at a safe distance,