FORUM PUBLISHING COMPANY
James B. Wingate, Editor and Manager
Subscriptions: The Alaska Forum delivered
One year, $10; six months, $5.00, in advance,
one month, $1
Advertisingr rates on application. Address all
eommlinications to the Alaska Forum, Rai^^art.
Correspondents are requested to sigrn their name
tb all communications, not necessarily for publica
tion, but as evidence of good faith. No attention
paid to anonymous communications.
SATURDAY, JULY 1. 1905.
MINING LAW REGARDING
1 DISCOVERY AND LOCATION
THE recent action of Judge Wicker
sham in officially calling the people’s
attention to that particular provision
of the United States mining law rela
tive to the fact that a discovery of min
eral .on the ground is essential before a
valid location can be made, is being
quite' extensively commented upon.
This matter would not come as a sur
prise to the people, were It not for the
feet that they have neglected' to pro
cure and read the mining laws under
which they are operating.
In locating mining claims, the cus
tom of the country, first inaugurated
by uninformed,persons, has been too
freely, followed; irrespective of the fact
that it conflicted with the provisions of
the - Congressional law. The United
states mining law since 1872 has said
thatthere must be a discovery of min-!
eral on the ground before a valid loca
tion can be made. The constitutional
ity of that law has been so well settled
heretofore, that lawyers versed in min
ing law, as well as experienced mining
men, have long since ceased to consider
the matter a question for controversy.
The only question raised at this late
day, relative to that portion of the law,
is: was a discovery of mineral made
prior to location? The law itself plain
ly decides what action must be taken
in this respect to make a valid location,
and if prospectors would only familiar
ize themselves with the wording of the
law, and act accordingly, considerable
litigation would be avoided. It is the
courts duty to decide whether or not
the provisions of the law have been
complied. With, or as to whether or not
the law is constitutional.
JUDGE WICKERSHAM SAYS
LAW IS CONSTITUTIONAL,
Extracts from Judge Wickersham’s
decision in the case of Redden vs Har
lan, read as follows:
“A discovery of mineral is necessary to the val
idity of a placer mining: claim.The validity and
life of the claim begins only with the discovery •..
The greatest evil in the administration of the min
ing law in Alaska is the habit of the shif tless and
grasping in staking and recording claims, gener
ally by power of attorney, whereby, one person of
ten acquires a claim to a large area of supposed
mineral lands, and excludes the willing miner
from working it and developing the resources of
the Territory. Since the threat of a lawsuit lurks
behind each of these pretended locations, the pros
pector generally passes it by, and thus the specu
lative locator controls the property/'
The above comments bear us out in
the argument we have heretofore ad
vanced, that grave abuses of the law
should not be countenanced. It seems
but a short time back since Judge
Wickersham’s public acts placed a dif
ferent construction on the mining law
than that which the court now tells us
is correct. His actions in personally
locating mining claims without first
making a discovery of mineral on the
ground, demonstrated to the people he
considered such a mode of procedure
to be in accordance with law.
It is hard for the people to realize
that a “learned jurist" and acting dis
trict judge would adopt an illegal mode
of procedure to obtain mining claims.
What is legal for a judge to do is also
legal for his constituents to do. It is
known that mining claims were located
in the vicinity of Mt. McKinley f for
Judge Wickersham, and members of
his family who were not present, at the
time the Judge visited that locality in
1903. Some of those locations must
have been made by power of attorney
and the party who made them * ‘shift
less and grasping. ’ ’
Prospectors were forbidden to bother
those “pretended locations” through
fear of a “lawsuit” with the judge of
the division. “The willing miner” had
to pass those “pretended locations” by
and “thus the speculative locator con
trols the property.” It is gratifying
to know that Judge Wickersham is be
ginning to acknowledge that some of
his past acts in this division were ille
gal. He has himself assisted in plas
tering the country with these “pre
tended locations” thereby making him
self a “speculative locator.” .
The “Official’s Slop Jar, ” managed
by “His Assininity,” has discovered a j
mare’s nest. Call in the hostler.
Hotel Florence
THE ONLY FIRST CLASS HOUSE
Fine Wines and Liquors
BILLIARDS_ POOL
THE BEST ACCOMODATIONS
Furnished Rooms pir50Njgh,
STABLES For Horses And Dogs '
A. H. MAYO
$1.00 The
per Miners’
month. Paper
Location Notices: Forum office