Troy Paper - The Law of the Apex

This name is applied to the present mining law, as enacted in 1872 and since, to indicate its leading characteristic—in which it differs from all previous mining laws of this or any other country. The earlier act, passed in 1866, was practically the first attempt of Congress to deal with the question of mining titles upon the public domain. It was framed after nearly twenty years of acquiescence on the part of the Government in the self-constituted tribunals, officials, rules, and customs of the mining districts. In its recognition of these, and in several other particulars, the act of 1866 was open to serious criticisms. It is the purpose of this paper, not to trace the history of legislation on this subject, or show in detail what were the faults of the earlier law, but rather, by a discussion of certain aspects of the present law, to point out how great a revoluition it has effected in the rights of mining locators, and to indicate some of the difficulties attending its application. In the attempt to correct the vagueness of the act of 1866 an entirely new elernent was introduced into the law, bringing with it a new set of difficulties. Under the act of 1866 and the miners' customs which it followed, the lode was the thing claimed and subsequently acquired by patent. And the claim to a given number of feet on the longitudinal course of the lode was rooted in 'a discovery of any part of the lode in any part of the claim. ("Extensions" could in many districts—perhaps universally—be located and claimed on the strength of the discovery in the principal claim to which they referred; but this is a point not essential to the present discussion.) It was not necessary to find the outcrop or the upper edge of a lode in order to lay a valid location upon it. An explorer, sinking a shaft and intersecting a lode not already discovered and claimed by another, could claim by that discovery the number of feet along that lode which the local laws might permit (not exceeding the maximum set by the United States statute) whether his sur-