New York Paper - Uniform Mining Legislation in All the States Based on Federal Act

Discovery is the first step in the location of the claim. The provision of the Revised Statutes (2320) is, " No location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located." Strictly speaking, discovery may be defined as the finding of ore or metalliferous rock in place in a well-defined vein. This definition was too strict, so discovery extended later to cover such indications of the pregence of ore, within rock in place, as would justify an experienced miner in spending his time and money with a reasonable expectation of finding ore in paying quantities. According to Colorado statutes a discovery must show a well-defined crevice; in Arizona, a lode, deposit, or mineral in place; in Montana, a well-defined crevice or valuable depositi; in Nevada, a lode or deposit of mineral in place. It is wrong to require a discovery. An honest prospector, wishing to obey the law, finds himself compelled, in most cases, to evade this point. In Clear Creek district, Colorado, a quartz seam will constitute a discovery; in Butte, a red capping; in Leadville or Ely, it is any place where a man can find a piece of vacant ground big enough upon which to sink a . 10-ft. hole. If the vein or deposit outcrops a man can show a discovery, but if it does not outcrop it is foolish to compel him to show one; and this point has been gently side-stepped. Any hole 10 ft. deep now constitutes a discovery. It is no use having laws that the people cannot consistently ob_ey. No sane man will dig unless he expects to find mineral, and he should be protected while digging. He should be required to show that he has mineral ground only when he comes to patent.