is practically confined in its operation to those states and territories lying wholly or in part west of the one hundredth meridian, embracing the states of California, Colorado, Oregon, Washington, Nevada, Idaho, Montana, North Dakota, South Dakota, Wyoming, and Utah, the territories of Arizona and New Mexico, and the district of Alaska. These comprise the precious-metal-bearing states and territories of the "Public "Domain." As thus defined and limited, "American Mining Law" is the subject of this treatise. While in the treatment of the subject, and in the discussion of the origin and growth of the system, as we understand it, we shall at times encounter the earmarks of an older civilization and find lodged in what we might term a primitive custom, the experience of ages; yet wherever its rules depart from the doctrine of the common law, the system, as such, is of recent birth and modern development. It is an evolution from primitive and peculiar conditions, a crystallization of usages which do not appeal to antiquity for either their force or wisdom. It is the principal design of this work to treat of this system as it is at present constituted. But as it is in itself an evolution out of antecedent and somewhat complex conditions, some space will be devoted to a consideration of an historical nature concerning the policy of the Government in dealing with its mineral lands prior to the enactment of general laws affecting them, and to trace the growth of the system through its various stages of development. As an appropriate introduction to a treatise of this nature, the Author has inserted a chapter epitomizing the different systems of mining jurisprudence in force at different periods in the countries from which the United States acquired its public domain. We may reasonably expect to find in the growth and development of our own system the influence of those laws. It has also been deemed advisable to insert a brief review of the systems adopted in the states of the Union wherein the Federal Government acquired no property, and where the regulation of the mining industry falls exclusively within the jurisdiction of state legislation. This comparative review of the mining laws, foreign and state, will at least be of historical interest, if it should serve no other or higher purpose. As state and territorial legislation supplementing the acts of Congress is permitted, if not in fact contemplated, by the Federal laws, careful consideration will be given to these local statutes and the decisions of courts in construing them. The value of a decision as a precedent often depends on local conditions. The legitimate scope of this permissive local legislation is a fruitful subject of controversy. The existing legislation of each state and territory supplementing the Federal laws, together with references to legislation on cognate subjects, will be found in the appendix, with citations under each section indicating where the subject-matter has been discussed and generally treated in the text. The appendix also contains the various acts of Congress upon the subject of mineral lands, and the regulations of the land department, with back references to the text; also such forms as in the Author's judgment might be serviceable to the profession. In citing authorities the Author has adopted the rule of citing the case from the original report only; but in the table of cases will be found the date of the decision, and a citation to every standard report, including the "National Reporter system, wherein the case appears. Realizing the importance of a comprehensive and exhaustive index, the Author has himself undertaken the work of its preparation. While the treatise is in the main devoted to a consideration of the federal mining system, to meet the general expectation of the profession, we deem it advisable to devote some space to cognate subjects, including rights and liabilities arising out of the conduct of mining ventures, mining partnerships, cotenancy, and obligations flowing from contractual relations. The necessity for a comprehensive treatise on American. mining law is conceded. The literature on this branch of jurisprudence is limited. Most of the works which have been presented to the profession, while possessing great merit, have not attempted a systematic or philosophical treatment of the subject. The preparation of a work which will fulfill the requirements of the profession and prove measurably satisfactory, is a matter of great moment, involving much time and patient labor. While not anticipating that the result of his efforts will fully meet the wants of the profession, the Author expresses a hope that it will be found of value to those who are interested in the study of the many intricate questions arising out of the mining laws. When in the preparation of the text he has been instructed or guided by the original work of others, it has been the aim of the Author to give due credit in the appropriate place. Yet he has derived so much benefit and assistance in so many ways from various authors and writers upon mining subjects, that he deems it a duty as well as a pleasure to here specifically express his acknowledgments. Professor Rossiter W. Raymond, lawyer, scholar, and scientist of national renown, has contributed in a marked degree to the literature on mining subjects. His extended experience in the field of practical mining, his connection with much of the important mining litigation in the West, his thorough knowledge of the ever-varying geological conditions, to which are to be applied the unyielding terms of Congressional laws, have made him pre-eminent in the field of mining literature. His reports as Commissioner of Mining Statistics abound with fruitful suggestions, and contributed in no small degree to the adoption of the act of 1872. His monograph, "Relations of "Governments to Mining" (in "Mineral Resources West of the "Rocky Mountains," 1869); his article on "Mines," (appearing in Lalor's "Cyclopedia of Political Science"); his numerous papers read before the American Institute of Mining Engineers, notably, "Law of the Apex," "Lode Locations," "End Lines "and Side Lines," "The Eureka-Richmond Case"; and his occasional contributions to the "Engineering and Mining "Journal," have afforded the Author great and valuable aid. Professor Raymond's immediate predecessor in the work of collecting Mining Statistics, Mr. J. Ross Browne, rendered. valuable service to the mining industry, and his reports to the Government contain much that is valuable and important, giving as they do the early history of mining in the West, and the customs, rules, and regulations of miners, which formed the basis of our first mining statutes. The Author has also derived great assistance from previous works on the subject, notably "Mining Claims and Water "Rights," by Hon. Gregory Yale, the pioneer work on the subject of American mining law; "Mining Rights in the "Western States and Territories," by Hon. R. S. Morrison, of the Colorado Bar; Weeks on "Mineral Lands," Copp's "U. S. "Mineral Lands," and Wade's "American Mining Law." As the closing chapters of the work were being printed, the "Mineral Law Digest" of Messrs. Clark, Heltman, and Consaul, a conscientious and valuable contribution to mining literature, made its appearance. The Author is under special obligations to the Hon. Wm. H. De Witt, late judge of the supreme court of Montana, Edwin Van Cise, Esq., of Deadwood, South Dakota, Hon. Jacob Fillius, and Harvey Riddell, Esq., of the Colorado Bar, for many valuable and timely suggestions. The numerous diagrams illustrating the important subjects of "Dip," "Strike," and the "Extralateral Right" are the handiwork of Mr. J. W. D. Jensen, of San Francisco, to whom all credit is due. These figures, except those used for hypothetical purposes, were all reduced by scale from officially authenticated maps and surveys. With these grateful acknowledgments, the Author submits his work to a critical but ever-indulgent profession. CURTIS H. LINDLEY. San Francisco, 1897. TABLE OF CONTENTS. TITLE I. COMPARATIVE MINING JURISPRUDENCE. II. HISTORICAL REVIEW OF THE FEDERAL POLICY III. LANDS SUBJECT TO APPROPRIATION UNDER THE MINING LAWS, AND THE PERSONS WHO MAY MINERAL LANDS BY LOCATION, AND PRIVI- VI. THE TITLE ACQUIRED AND RIGHTS CONFERRED VIII. RIGHTS AND OBLIGATIONS ARISING OUT OF IX. RIGHTS AND OBLIGATIONS OF PARTIES ENGAGED X. MINES AND MINING CLAIMS AS SUBJECTS OF XI. ACTIONS CONCERNING MINING CLAIMS OTHER XII. MISCELLANEOUS. |