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-- -- "wrwtgj a hmzneccssa ‘ ' , 7. ., , .. ‘ “this claim atS'hmllid possess spm'u. .W attraction in itself. in addition to the lure of a promising: mum-up. 'l‘his sin-vial fea- ture is prm‘idvd by the theory of exâ€" trulutcral i'iu'hls; which, coupled with fl'm' prism-Hing: privilogcsy and extrvnwly iiillplt,‘ [Irm'vsscs of initiat- ing title. 311‘ [hp distinctivi- fvuturc» of the American minim: law. a law whivh has mun-d those parts of the conum-m where It Is in furt'o tn lic- cmnc, in a half century, the best ex- ;plurcd and the mos} broadly active mining region on the globe. Enacted by Congress more by acci- dent than by foresight, yet an ever- lasting credit. to the sterling com- occupation is American. and cannot be found in any dictionary of the English language. published prior to the year 18:30. The prospector him- self. as we know him. is not found outside of the region where that law is in force. There can be no reason- able warrant therefore for the abro- gation of its peculiar features until it is clearly evident that the coun« mun Hellfit‘ “I the man must concern- ed in its adoption (W. M. Stewart. senatnr from Nevada}, it embodies the three principles that are abso- lutely necessary for the establish- ment and maintenance of this class of prospectors. In fact. the prospect-- or did not Mist until this law came into being. The very name of the cont i m-m cum-MM} by :l lllllllllLf (‘llLflllm‘l' nl‘ gc'lulttul.~l. ”1' lo} a lpusinvsg man 01' any kmtl .’ ll«_.-\\' almm'tl lllml it l.‘ tn [M'ngtli/c- Ilu' :llmnlulvl)" nmw-Rsm'y nc- ('llpullun ul tlw prnspwtur by requir- in" him In tulu- ulll :1 lim-nsc lu-furv \t :ulinvr un his summon tum nf ox- plumtinn, as is (lune in all ('uuntrivs except. Spanish Amarica and the I'nited Stato' ur to‘ make the pro- “of locatinn «mo requiring anyâ€" ~ ' that the C24? ‘4 on d the prospectgw a to sell ' »on its mummified nu-rits ‘' ' -‘ this claim attruvliun pernment at once 'nreless of the fu- ture, and yet highly uptimistic. Men of such elmt'nt'teristies are. the only tines who will go out intu the hills on lung tramps. and exnmine them minutely fur intlientiuns of mineral wealth. Nearly all known mines have been found by them or by aceiâ€" (lent. (72m an instance be cited 0f 11 dim-”Very lw n minim: engineer He Wise, iur it. is one requiring pcramvnt at once 'arvlcss ol turc, and yet highly uptimiw of such t'hul'm'tm'istics urn t tnousana ox the 011155 has any rc- acrvo funds, possess more than the rudiments of an education in the or- dinary sense of the Word, or habits of thrift. They could not follow the businvss if the Conditions wore other- (‘uttSidct‘ the nature of the ormpa- tion of prospecting. It must not be confused with that of the claim 10- eator or miner. 'l‘he prospector is a pioneer pure and simple, a natural wanderer OVer the face of the earth, a genial and Valuable variety of the genus tramp and hobo. Not one in a thousand of the (“1355 has anv ro- range: for hi explur moms :3. The mvthml ut' initiatim: title llllht lie cxtrvmoly simple. for In- rm'cly possesses business habits or clerkly ability. . 3. His claim, win-n staked. must possess merits merely as a surface area. in addition to those it may be found to haw; later on as a mine. to attract a buyer. for the real pros- chtur is only a tinder and sellvr,anil never a developer. title cash mzm The two principal at cured by a mining law ed as tullnws: (I) in il tion and disvovcry by the As the agitation for a revision of the mining law is being revived in certain quarters, it may not he nmirs to examine the subject from a point' of View somewhat diflcrcnt from that usually taken by the mining engineer or investor, and yet one “llifh por- hnps is worthy of Very careful Curr sidoratinn. Agitation For Revision of Law is Being Revived in Certain Quarters THE PROSPECTOR AND THE MINING LAW count ry may outlay, fur he of small means H (By T. F. Van Wagenon.) ht that "Ill » go out into the What must thcsc ' I list them as the: mam pal ends to be so 3 law may he stat ~ to induve explora 'y by the prospect- nincrul resources 0‘ bovome known; am? reasonable legal so. tor of titles as will rostmont. of capita? um, I H l'tnr "NIH" "I 'It It In to acquire a very small generally a as follows tl flu, emcm 31‘? indum f um m I "I It‘ll] IN ll 11 21 1'0 the the Aliysinnian highlands and the Hhmlesian plateau. in the days of the ('arthzwenians and Romas the. Atlas mountain chain was the source nf mueh silver and lead. Anterior perhaps to both of these the great mineral field on the Congo Zambesi (lix‘ide was known and worked by the natives. Yet in all this vast regio'n. from the_Mediterranean to the Cape. muCh of which is now far more ae- cessihle than was our own West in the days of 1950-60. not a prospect- or exists, and none have existed in modern times except in the province of Rhodesia. Here. because. it was thrown open as a mineral field under regulations suggested by an Ameri- can engineer. and with a law confer- ring ext-ralateral rights, a number of American prospectors of the better class migrated when the country was West of it the American law pre~ \‘ails and expli'ii‘ei's 'are abundant. East of it the Texas state law gov- erns. with square locations and no extralateral rights. and though there are numerous well known and pro- misini,r mineral areas which were dis- covered before the exact position of this line was known, yetvyou will be unable to find a prospector in the field. In fact the situation in this re- spect is so discouraging in the Lone Star state that its legislature has had under consideration for several sessions the payment of bonuses for new (lismn'el'ii-s. and the offer of uther inducements to attract the class of men it needs to search over its Vast unm-cupiml and unprmluctix'e tin! pmspt ”1!: I'll yvurs. [mm Isthmus of Home!“ 5'0! 5(- \itlual 0f th( may he srun the I’m'ific \x‘ There was a Hf Hrith‘h law. and Mn over. In the western l'nited States and Alaska. where the American law applies. there are thnusands of pros- pectors in the field continumtslynnov- int.r sunthward or into the lowlands in the {all and winter. and nurth- ward 0r intn the highlands in the spring and hummer. But when the internatiunal houn- dzu'ies are reaehed in either direc- tion. where the .-\merit°an law gives plaee tn that uf Mexiean ur Cana- dian. they stup. as if at :1 dead line. I hate wandered thruugh the former euuntry fur the better part of five years, from the Rio (iramle tn the Isthmus nf 'l'ehuzmtepee, and have new-r yet seen ur heard «if an indi- \illual uf the elass. British .-\meriea p1- rl y away \lusl very low cash cost. and fly prm within the ability of (Well 3 tot iitorate. he has something that. can so“. to prm'ide the means mntinuu his wurk. Why? Bvc if the mummy) is well marked, lu- mntirnunl by naminim: thc- his- tury uf minim: districts the Wnrld over. In tho western l'nitcd States and Alaska. whore the American law The value to the prospector of ex- tralateral rights is simply this. Hav- ing made adiscovery of an outcrop more or less promising as the case may be. and covered it to the best of his ability with one claim. the title to which he has acquired at H is very ulwiuus who" the wider wmsidvrml frum tlu- prnspct' point uf \‘iuw. That the position an is :1 correct (me smms to me [:0 confirmed by examining tho ’try has been thoroughly explored.nnd all its mineral resources discovered. Of course no one will consider this condition to have yet been reached. (vll out quantities a Abysinnian ay he searrhed from Labrador to e l’aeitir with little better results. iere was a time when the province British (‘ulumhia had an apex w. and while it was in force the aged region hummed with explor- s. Who-n it was repealed they faded say like snow before a i-hinook. In aska. buried in snow and he dur- : nine months of the year, the USDUCtUI' is in evidenee everywhere. rl'USS the boundary in the Yukon rritory of the Dominion, under .~n more favm'ahle (-liinatie eondiv rly dour. there is nuthim.r tn pm nt him frnm making as many morc 'atiuns as he thinks Wino. All this very uhviuns whvn the subject is nsidurml from the prospector': fill! of Vicw. That the position tak I}! .lke the Cl!“ ,l! rwh m Illlllfll'als. as pmved b3 innunmraMe anvient workings ex 11:. \thn EL'VDI was in its Dl‘im4 Mm at H thv ('fit‘t‘t Hf the lino that \l-w vaim from Texas. it thv Anwrivun law pre- (-.\:pl¢.n'0rs 'm'o abundant. tlw Texas state law gov- (-unspivuuusly mzm (5111 was in its prime of gold came from highlands and the an. In the days of .115 and Romas the \V lht Africa. a contin- ns prnved by “1",?“ inim: tlu- his- ts the World l'nitcd States “11“?” it absent livcauso. 3d, the trunsfm a1 ‘CSSCS il In 70.090930000006030000093999000009090.9099} g ‘ 'l‘mlay. not a mineral explorer can he .' found in the field. and :l w: IOU" to- .‘to the history of the many Wonde- mlul mining districts that are known to exist in these territories, we tind that nearly all the mines in opma- tion are antiguas, and that almost no new discoveries have been made in modern times exCept in northw'n Mexico. into which, for a few seasons ‘ean prospector ventured and remain- ed until tll'l\'t'll away by th‘ complex- ity of the laws and the rods of maintaining the titles to the discov- eries he made. I l - V... -t v--- - ... _ i To come down from continents to llm'alilleS. eonsitlet‘ the instances of Zzu'atet'as. a Mexivan mining disttiet tirst opened about the year 1530. ’llet'e there has been a recorded out- liput in ount'es of silver nearly double. 1 that of either l.eadville or the Com- 'stoek to date. yet only a beginning: llias been made in uneoVet'ing its wealth. If the group of hills in Wlllt‘ll it. “03 eould be. picked up bod- ily and dropped in any one of 'our mountain states so as to open to the [prospector under the provision of our Federal law, a stampede would en- slu' fur the new lnt'alll)’ tlltll Wolllll: tl‘tét‘illl the early days of Butte, Lead-l Lville. the ('ot-tu' d'.-\lene. Cripple ('reek, 'l‘onopah. and a host of othet" l l famous American mining camps. ,Within a few weeks thereafter hurt- .ni» fur [ht‘ nt-w Im'ality that would n-t'all thv early days of Butte, Lead- .villv. the ('m-ur d'.\h-m-. Cripple ('t'm-L‘, 'l'unnpah. and a hust ()f other l‘anmns Amvrivan mining camps. Within a ft'\\' wvcks thereafter hun- drcds uf littlv pl‘uspet't dumps would begin in hlnssom out on its hill- sides. and within a few months dozâ€" ens of new shafts would be started. mn-x't'ml wmld uf tho day. lntvr. 34 [mlitit'al status wvrv urcaniacd. (dd Wurld minim: luxvs \wrv plum-d upon tho statute bucks. and immediately tlw pruspectm' disappeared and the minim: industry began to nguish. Consider the situation in Scandin. avia. Siberia, Spain. Asia Minor. Italy, and Greece. all regions known to be rich in mineral resources. be- cause of discoveries made by accident centuries ago when prospecting v. as free. All these lands have elaborate mining laws of the old fashioned kind. yet one never hears ol .1 new discovery. for prospectors .trc un- known. The laws do not provide for them. In Australia, on the other hand. the laws ofler extraordinary in- ducements in the way of bonuses and sroVernmental assistance to vxplnfors. yet are without the extralat-aral richts feature. As a consequnn w. lit. tle more than the fringes ni tle con- tinent have been looked Men and the type of prospector dewlnped then! is Hm: totally difleront lmm ll 9 vigorous- and imlem-mlcnt indifduul known t6 us. HO. opened. But thev found themalves on arrival confronted with restrico tions in exploring. and rogulations for initiating and maintaining title so burdensome. complex. and costly that in a few years all disappeared. 9”...”990000000090000 OOOOOOM”O””O”O Tl Box 532 SOUTH PORCUPINE Five Claims located in Timmins’ Township, second years work completed. Re- markable Free gold showings Exceptional opportunity. Can be seen anytime. Small Pay- ment down. A GOLDEN QPPORTUNITY mnditions in Spanish Ant-rim wally tn the point. Whm those wore first ovvupiod by lump- ospm 3 mm occupied by ’SIII‘OP' latte spoofing was [run (as in‘ who mains today). and practi- their run; existed ROVeming the That and mainu-nanve u! mining this md the grant of van c'on- buys THE PORCI’PINE ADVANCE thv who! day. La I‘HUI'NIU‘I In 1nd ADDRESS: ll“ W 0 l'(' 1| ’10 the large umuunt nf min-ml lzmd ghold under possessnry or put mt. title [whirl] is said to he unused Ly the 'mvncrs and unobtainable Ly othu's ‘whu would be. glad to develop and 'oporate. So far as my experienvc Beyond question, the apex law has in the past (-anz-zed much aggraVating and expensive litigation. But practi- cally all legal questions that can arise under it haVe by this time lbl'cll settled by decisions of our lt'ght-st warts. and nothing but questiuns ul‘ fact remain to give further trouble. 'l'hesc belong properly to the (It. main «if the engineer, who shuuld lH' ade- quately prepared to advise his (item by having passed a rigid examina- tion in minim: jurisprmlencc at the institutiun where his degree .vns ob- tained. There is mum fur li'.ipr0\'e- ment in this branvh nl' "Wkly I the earricula ul' all our minim: whools. Mueh has been written .il' late as Hu~ ~imple pt‘erautinu. and when trouble en~ue~ the incluw‘try “fill the law are blamed when really tlte fault him with the ha~ty or to!) enthusias- tir buyer. )lut'euxer. no inVestur .‘llnllltl arrept title to a tniningelaim without ltttVlltt: its surfare aspects as Well as its underground Condition passed upon by a t'otttpeteut mining engineer. If he reports that the apex of the depmit is not safely in- eluded within the lmuudaries as shown by the documents, what more easy to 'all on the vendor to file an amended location certificate. or lo- 'ate additional ground along tlte side-line? Or for the buyer to per- form these acts himself! Ur. if the adjoining ground is already occupied and such pre'autions are impossible. the rlaim is plainly defective and must be frankly accepted as such or left alone. Plenty of real estate of the ordinary kind bears the label t'aveat emptor among eonveyattcers, yet. no one blames the lattd laws for the fact. - ll ‘But being where it is, it is one of 'deadest of known mineral regions. .The very nature of the trade of the prospectm is unknown to its citi- zens. and no work is in progress any. where except upon hall-gutted anti~ ,guas. Of course some allowance i‘must be made for the diflerence be- 'tween Mexicans and Angleaxons. 5 - . gbut this will not explain the diner- ience in results. However. the true \causes of the universal stagnation be- ;eomes clear as soon as one comes in- to actual relation with the Mexican mining law. There are those. it is true. who claim it to be the best yet‘ devised. It surely has good points for the capitalist. and for the com- pany that can keep the parish priest‘ and the jele politico on the payâ€"roll. but not. I maintain. for the pros- pector and the country itself. As for the second object to be ac- complished in the construction of a '-_mining law. while our code is far from being all that. it might be. I have no sympathy with those who are clamoring for the abrogation of the extralateral rights feature under the plea of securing hetter protection i to purchasers and investors. Let the latter. in this matter. lit‘ult'sl them- .md without 1' title and (Continued on page 6 Ol' own neglect or -. the American *0 the onh‘ rifl IDiI'I‘v of Uh (:Ikt the «mix right way. Who m- M city or agriculmml mt. calling for an abstract d lun'ing it examined by a in suvh documents? But mutter. protest them the. consequcnvcs o right daily W (I N 'm'c-lvssnvss am wi t huut wlu-n OOOOOOOOOOOOOOOOOMM”OO - .â€" l .. V - ... I‘Hllillp. II. ”min t Nth" - l . _â€" _.-~__.<.__-‘ â€"._.â€"â€". :lll' :ts 1| [MIMI I" W, h U fl 099.909.9990.9.090909060900999 990000999 zoom gooooooubm_ W think we have the right information on Crown Chartered. Dome Extension and Vipond. It's important to you. WRITE. WIRE or phone us for the infor- mation. BUY AT THE TOP AND SELL AT THE BOTTOM, OR BUY AT THE BOTTOM AND SELL AT THE TOP? WHAT DO YOU DO? Stork "rulu‘ru First-class property, conveniently sit- uated on Bruce Avenue. With suit- able building thereon for business or residential purposes. A snap if sold at once. Members Standard Stack Exchange, ROyal Bank Bldg., Toronto Direct connection to all leading Exchanges. pug-M ;.1_ 5w At a Bargain Notice is hereby given that we have admitted tn partnership Mr. D. F. Maguire, who has been oflieially associated with the firm for a number of years. Apply The Porcupine Advance F. C. SUTHERLAND CO. Toronto, January Jud, 1912. Melindaâ€"Cor. Jordan St, Toronto Partnership Notice A. E. OSLER CO. .-'\. Ii. ()SLER, (}()RI)( ’N TAYLOR. "iumwinl Am‘ulu Phong M. 5620 9‘9 €05 O