NOTICE OF FORFEITURE
To L. W. Rabel and J. B.
I
Shorett, Jr.:
You are hereby notified that
I have expended money and ;
labor to the amount of $500.00
on the Engineer Group of min
ing claims, consisting of Lucky
Boy No. 1, Lucky Boy No. 2,
Mother Lode, Hobo and Sur
veyor, on Texas Creek in Hy
der Recording Precinct, Alas
ka, as will appear by the Proof
of Labor filed for record on
December 5th, 1925, in the of
fice of the Recorder at llyder,
Alaska, in order to hold said
premises under the provisions
o; Section 2324, U. S. Revise a
Statutes, and other laws of the
United States, being the
amount required to hold the
same for the year ending
June 30th, 1926. And if with
in ninety days after publicat
ion of this notice for th j re
quired 14 weeks, you fail or
refuse to contribute your pro
' portion of such expenditure as
co-owners, your interest in
said lode mining claims will
become the property of the
subscriber under said Section
2324.
Dominick Bervacqua
Date of first publication Dec.
9, 1925.
Date of last publication Mch.
*■ 10, 1926.
ALASKA NOTES
Mrs. John A. Logan, owner of
a 30-acre ranch near Palmer,
arrived in Anchorage recently
and reports a prosperous year,
having sold about $2,500
worth of produce from her
ranch. Mrs. Logan had a large
new home constructed this |
year and the ranch has been I
completely cleared of timbei j
and put under cultivation. The
largest crop put in was pota-1
toes. Cabbages, turnips, ruta
bagas, carrots, etc., were also
raised in large quantities. She
keeps milk cows and hogs.
The Wilson sawmill at Indi
an, on the Alaska Railroad,
which was erected three years
ago and operated up to last
December, will resume operat
ions in the near future, cutting
ties for the railroad and lum
ber for commercial purposes.
Earl Slippern, who acquired a
one-half interest in the plant
before the death of his part
ner, Jns. E. Wilson, has pur
chased the Wilson interest and
will operate the mill.
As a result of a recent drive
for membership the Juneau
Chamber of Commerce now
has a membership in excess of
200. The Ketchikan Commerc
ial club recently conducted a
drive for membership and fin
ished with 140 members, mak
ing it the largest commercial
organization in the Territory, i
LETS GO. WHERE? TO THE
- Silver Grill -
Steaks,: Chops, Poultry
EVERYTHING the market affords
§ QUALITY and QUANTI TY §
FINE PASTRIES—ITS THE COFFEE!!!
Charlie J. Oderinat, Manager.
SEND IN YOUR
SUBSCRIPTION
TO THE WEEKLY HERALD
n l
THE HERALD
JOB PRINTING
DEPARTMENT
_1
;
i
BUSINESS STATIONERY
CARDS, LETTER H EADS, BILL HEADS,
STATEMENTS, ENVELOPES, INVOICES,
SHIPPING TAGS, SPECIAL BLANKS,
TICKETS, ETC.
SOCIAL STATIONERY
INVITATIONS, ANNOUNCEMENTS, PRO
GRAMS, CARDS, MENUS, ETC.
POSTERS, HAND BILLS
CIRCULARS, PAMPHLETS, FOLDERS,
PLACARDS, ETC.
SATISFACTION GUARANTEED
DEPARTMENT OF THE INTERIOR
UNITED STATES LAND OF
FICE. ANCHORAGE, ALAS
KA, November 18, 1925.
Serial No. 06553.
Notice is hereby given that
! pursuant to the Act of Con
gress approved May 10, 1872
| and the amendatory acts there
of, Charles Fehring of Hyder,
1 Alaska, in behalf of himself,
has made application for a
patent for 1498.5 linear feet
on the Last Shot No. 1 Lode
and 1500 linear feet on the
Last Shot No. 2 Lode, together
j with surface ground, in width
| approximately 300 feet on
| each side of the Lode lines
thereof; said Lode claims be- J
ing embraced in U. S. Mineral
Survey No. 1509, and fully
and accurately described up
on the official plat of said
survey posted on the claim
and by the field notes of said i
official survey on file in the
United States Land Office at
Anchorage, Alaska, and more
particularly described as fol-!
lows:—
LAST SHOT NO. 1. LODE.
Beginning at Cor. No. 1, from
which U. S. L. M. No. 1509, at
Latitude 55° 59' 19" N. and
Longitude 130° 04' W., bears
N. 57° 41' 43" W. 1856.86
feet dist., thence S. 47° 24' E.
1498.5 feet to Cor. No. 2 ;
thence S. 40’ 59' W. 584.6
feet to Cor. No. 3, thence N.
47° 59' W. 1497.0 feet to Cor.
No. 4, thence N. 40° 59' E.
600.0 feet to Cor. No. 1, the
place of beginning; containing
an area of 20.362 acres.
LAST SHOT NO. 2, LODE
Beginning at Cor. No. 1, iden
tical with Cor. No. 2 Last Shot
No. 1 Lode of this survey, from
which U. S. L. M. No. 1509,
bears N. 53° 05' 56" W. 3341.- j
98 feet, thence S. 51° 03' E.
1500 feet to Cor. No. 2, thence
S. 40° 59' W. 600 feet to Cor.
No. 3, thence N. 50° 28' W.
1499.44 • ft. to Cor. No. 4,
thence N. 40° 59' E. 584.6
feet to Cor. No. 1, the place of
beginning, containing an area
of 20.382 acres.
The said Last Shot No. 1 and
Last Shot No. 2 contiguous1
Lode Mining Claims are situ
ated in the Hyder Mining Dis- j
trict, about one-half mile east
of Salmon River and about
seven miles north of the Town
of Hyder, Alaska. On the
northwest End they join the
Caribou Mining Claim, unsur
veyed, and on the other sides
and end line by the unsurvey
ed and unoccupied Public Do
main of the United States, and
are of record in the office of
the Recorder for Hyder Pre
cinct, Territory of Alaska.
Any and all persons claiming
adversely the mining ground,
veins, lodes, premises or any
portion thereof so described,
surveyed, platted and applied
for, as the Last Shot No. 1 and
Last Shot No. 2, Lode Claims,
U. S. Mineral Survey No. 1509,
are hereby notified that unless
their adverse claims are duly
filed within the period of pub
lication or within eight months
thereafter with the Register of
the United States Land Office
at Anchorage, Alaska, they '
will be barred by virtue of the
provisions of said statutes.
J. Lindley Green
Register ]
First Publication December 9,
1925. ,
Last publication February 3, ,
1926. ]
“FOLLY TO CHANGE
THE APEX LAW"
(Fred. S. Duggan.)
(In Mining Truth)
“Should the extralateral
right be abolished?” At a re
cent meeting of the Northwest
Mining Association this quest
ion came up for discussion, as
it does and will continue to do
periodically wherever miners
meet to talk over their affairs.
It is evident in listening to
these discussions that the op
position to the Apex Law, as it!
is called, is most often a blina
protest against the law as it
stands without a clear concept
ion of its virtues or defects.
When analyzed, as the oppo
nents of the present law usual
ly fail to do, many of the ob
jections dissappear.
Some remain, but the reason
which create most of the oppo
sition are entirely obliterated.
I would not contend that the
present law is perfect or as |
good as it might be, but would
suggest some of the reasons'
why it would be folly to
change it without a carefully
wrought out law to take its
place.
In the first place, all the
western United States mines
are now owned or held under
the federal statutes, which
give to the locator the vein
with its dips within certain
defined endlines, provided he
has discovered the apex of the
vein. The surface rights are
minor and merely incidental j
to the discovery and appropri
ation of the vein, which is the |
all important item.
These locators and owners'
own the vein as far as they can
follow it down into the earth
within the planes of their end
lines.
They own it though it maji
extend under some otliei
man’s surface.
They own it as fairly and
completely as they do then
tobacco or their home.
This is the law made by the
miners in California in the 50s
and 60s and adopted as the '
mining law of the country by
congress in 1866 and 1872.
One conception in regard u>
the extralateral right, as this
right to ownership beyond the
sidelines of the claim is called,
is that these rights now exist
ing, as they do in all mines lo
cated under the present laws,
can be wiped out by the pass
age of a law. They can not be,
under our Constitution. The
owners have vested rights in
their veins and would continue
to enjoy these extralateral
rights after the passsage of i
any amendments to the pres
ent law.
A change in the law, in other
words, would only affect
mines located after the change
had been made, and not at all
the existing mines. This would
result in two sets of laws gov
erning mining, and complicate
the situation beyond question, 1
making it more difficult for
the prospector to understand
and promote instead of dis- ]
courage litigation.
Another misconception is that j!
there is a great deal of litigat- 1
ion caused by the “extralateral 1
right” law. But a careful an- 1
alysis of the court reports *
show that there have been
less than three such lawsuits a '
year in the entire United 1
States since the federal mining 1
law of 1872 was passed. i
The amount of litigation ovei 1
surface rights and other diffi- \
culties between miners, is vast- 1
ly in excess of the extralateral
[ CANADA NOW
THIRD IN GOLD
I South Africa Still First and
, United States Second.
Canada has now attained to
producing countries of the
third place among the goia
world. In 1923, the Dominion
stood fourth behind South
Africa, the United States and
Australia.
j But in 1924, with a product
lion of 1,525,388 fine ounces,
valued at $31,532,402, Canada
overleapt Australia and now
stands not far behind the
United States, though still
completely outshadowed by
the groat Wit waters Rand
production of South Africa.
But, though still a dwarf coni
pared with the giant of the
Transvaal, here as in other
fields, the future belongs to
Canada. The day is coming
when the flow of precious
; metals from Canada will
bring wealth and prosperity to
many, many thousands of her |
i sons.
' The history of gold mining n>
Canada is an interesting one.
First springing into promi
nence with the Yukon discov
eries of the nineties, Canada
in 1900 reached a gold pro
duction of 1,350,057 ounce*.;
worth $27,908,153, the high
est figure reached until the
record mining output of lase
/ear.
The relative exhaustion oi
the placetr deposits of the
Klondyke resulted in a steady
decline in Canadian product
ion until 1907, it reached the
lew point of $8,337,000.
From that time liowevei,
'here began a steady rise, until
in 1912 production attaineu
the total of $12,648,000. Since
that time, v/ith the steady oe
velopment of the North On
tario field, production has
shown a rising tendency, sonic
time interrupted for a yea*,
but mounting still higher the
next.
The growth is due almost en
tirely to the development of
he Ontario field which in 192 r
nroduced gold valued at $$25 -
700,000. This year, it is expect
ed, will eee a still greater rise,
for Ontario production rea’ti
ed the $15,000,000 mark for
the first six months of 1925,
and production is expected u
proceed at an even greater rate
in the present six months.
right litigation. The writer ie
calls but one such case in Spo-,
kane in 10 years.
i These cases would., continue
to arise as long as the present
mines are worked. Witness the
British Columbia situation.
There they early changed the
law to eliminate extralaterai
rights, and yet. long aftex
ward, they had the well known
extralateral right litigation
between the Star Mining Com
pany and the Byron N. White
Company over the Slocan Stax
and Silversmith property, lo
cated under the prior law.
In short, the time to change
this law has long since passed,
and a change now would be on
only minor benefit.
Another difficulty in the waj
of a change eliminating the
extralateral right would be the
discouragement to miners who
must find an apex in place
warrant a location. If the man
who discovers an apex ac
quires title to it only to his side
lines, then the next locatoi j
who would acquire the rest of
the vein must “discover” the
vein in other ground, which
could only be done at great;
depth and expense.
This kind of prospecting
would not be done, but speeu-;
lators and blackmailers would
be encouraged instead of bom.
fide miners. Mining would not
have made the progress it has
in this country under such a
system.
Some would wipe out the |
apex requirement entirely and j
make a “discovery” of vein un-,
accessary. This would destroy
our entire theory of mining
law altogether and outrage the
common sense of every pros
pector and mining. man, and j
would put us out of step with j
the rest of the mining woriu ,
and probably result in the gov
ernment merely leasing to in- j
dividuals mining ground in
stead of "iving them title.
This idea was debated and 1
defeated in congress when
the present law' vras adopteu. S
It is not in accord with oui
ideas of private ownership 01
property, and is fraught with
all the evils of other paternal-'
istic schemes.
In short, the idea of a vein of !
mineral separate from and of
immensely greater value than
the surface rights is the undei
lying basis for our law, and ii
is qnite general throughout
the"mining world. It is various
ly expressed by differem.
countries, but in most a title to
the valuable mineral in place
in veins is granted to the dis
coverer, and this is the incent
ive that has developed mining.
Practically the only objection
to the present extralateral law
is traceable to the litigation
that has been waged under n.
Most of the questions havt
been settled and are now no
longer debatable. Of course,
cases wil always arise, but less
frequently.
The real objection, and it is a
: seiious one, is not that the liti
i gation is frequent', but that
when it does occur it is expen
sive. This is due to the arm,)
of experts employed on both
sides to educate the judge in a
branch of mining law with
which he is usually unfam’liar,
| and the doing of a lot of de
velopment work to estalli n,
or conceal facts, or substanti
ate theories.
Probably the best solution
proposed i3 that put forth by
William E. Colby in an able
series oi articles in the Cali
fornia Law Review, to provide
for the trial of these cases D/
a judge specially qualified,
and a board of experts selsci
Such a board could aid the
ed byf the parties and the
judge, three in all, or all select
ed by the court.
court as well as the batteries
of theories now usually found
on both sides of the litigation,
and at an expense more m
keeping wth the value of the
propei*ty in dispute.
It is quite common for a co at
to limit the number of opinion
experts allowed each side in
any litigation and this would
be no new step. But the trial
of all these cases by a judge
qualified by experience in min
ing Jarw. would minimize the
expense of this kind of litigat
ion, and remove the only out
standing objection to the law,
which in theory is the most
perfect of all mining laws
found anywhere.