New York Paper - Why the Mining Laws Should be Revised (with Discussion)

The laws here referred to are those which define the status of the prospector for mineral deposits in the soil or beneath it, establish his methods of procedure, protect him in his possession while searching for the subterranean treasures, and give him assurance of title when all required conditions have been fulfilled and valuable minerals discovered. Regulations for the operation of mines and the safety and health of mine employees are likewise subjects of Federal and State legislation, but are not within the scope of the present program. Various features of our present laws will be discussed in detail by able students of the subject, and specific remedies will be proposed for the most glaring defects. It is my purpose to present in this paper a summary review of the reasons why revision is needed and demanded by the great majority of those in daily contact with the industry. Reason Number One The first objection to the continuance of the present law is that it was not planned by its framers and the Congress which passed it to apply to many of the kinds of mineral deposits, nor to the mining conditions, which are controlled by it to-day. In 1866, under the title, "An Act granting the right of way to ditch and canal owners over the public lands, and for other purposes," was surreptitiously smuggled into existence our first mining law (14 Stats. at Large, Chap. 262, p. 251). This law provided that "whenever any person or association of persons claim a vein or lode of quartz or other rock in place, bearing gold, silver, cinnabar or copper, having previously occupied and improved the same according to the local customs or rules of miners in the district where the same is situated," etc., a patent might be granted an certain conditions. This was evidently an Act intended to validate claims already initiated, and to accord Federal recognition to mining locations made in