New York Paper - Uniform Mining Law for North America (with Discussion) (46d76343-d6e0-4b97-b6b9-eb62c2a4046a)

It seems to me that uniformity of mining law in North America must of necessity start with uniformity in each country. I understand that the Provinces of Canada have the right to make their own individual laws and conditions, to prescribe the terms under which the prospector or the applicant for mineral titles may secure the same. That is not true of the states in the United States. In this country, the Federal Mining Law was made applicable to the public domain, which, at the time of the adoption of this Act in 1872, was chiefly west of the Missouri River; it is impossible to locate a mining claim in most of our eastern states. It is true, however, that there are certain holdover rights, mostly obsolete, arising from the fact that at the time of the formation of the Confederation of States, the land that belonged to each state became the property of the Federal Government. I am not quite correc-t in that, it was sometime after the adoption of our Constitution, I think it was 1778, but those rights were largely, by agreement, surrendered to the Federal Government; but it is a fact that the great acquisitions of territory in the West, with the single exception of Texas, were of domain that came into the possession of the Federal Government and our Federal Mining Law applies to that territory. No state has the right to (by legislative enactment) enlarge upon the rights given by the Federal Mining Law, governing the acquisition of mining claims in its territory, within its boundaries. Each state, however, may, and some of them do, limit somewhat the rights given to the prospector. For instance, the Federal Mining Law provides that a claim may be taken, staked upon the public domain, of 600 ft. in width and 1500 ft. in length. Some of the states, like South Dakota and Colorado, have at times said "that is an excessive amount of land for a single mining claim; we will therefore limit it to 300 ft. or 200 ft. in width." There is, therefore, not any direct and immediate need for uniformity of mining laws in the United States, such as there might possibly be if it were considered at all desirable upon the whole in Canada. The initiation of mining rights under the Federal Mining Act is the act of discovery of valuable mineral in place, referring now to the lode mining claims, but the same is true of the placer claim. It is true that the emphasis has never been laid upon the word valuable and that