Image provided by: University of Oregon Libraries; Eugene, OR
About The Sumpter miner. (Sumpter, Or.) 1899-1905 | View Entire Issue (June 15, 1904)
Wednesday, June 15, 1904 THh bUMPTER MINbR DEVELOPMENT OF MINING LAWS Hi8lory is replete with evidences tbut tbo development of uncial iusli tutious baa beeu accomplished in tbo main by yirtuo of tbo accidental, casual, tomporary needs of tbo race uud tbat in eases where far-sighted design and scientific principles arc detected iu tbo fabtic of laws or cus toms of tbo nioromodom natiou.they aro tbo result of imitation aud tbo patterning after systoms gouo before, tbo bad features rejecte'd aud the good rotaiued. Given tbe experionco of au old commuity, a new commit nity will start upon fnuudatious of which tho comer stones aro tbo tested ideas of tbe past . Laws are tbe development of conturios, aud their fundamoutal principles aro such tbat.it is difficult to shake them. At tbe samo time, however, tbo growth of education, tho change iu social conditions and the steady movement of civiliaztiou from tbo oast, toward tho west call for uew procedonts, aud tho 'development of now phaso of old systems interlards tho whole structure with tho acci dental, causal, temporary substances that disappoints perfection. The systems of incipient civilizations have the structuro of tbe ash heap. Patterning systems may conform to a hotter mode of archiotcture but tho ash heap will not bo wholly absent. Tbo discovery of gold in California aud tbo subsequent activity in tbo quartz mines called for legal pre codonts that the Forty-niuors did not find at baud. Tho result was a tacit mining code that becamo the germ of tho woll known apex law, or tho law of tho oxtrn-latoral rights. Tho pros pector who discovered a lead was privileged to follow it as far as ho could. Custom did not look forward to tho moro complex conditions under which the mining industry must lator Hud itself. Tho notion of npox rights was arrived at by virtue of tho accidental, casual, temporary needs of tho time. Had the Califor nia pioueors emerged from a region old iu mining experience, doubtless tbe apex custom would never bavo boon established and doubtless tbero would not be today so many wealthy mining lawyers iu tbe west. Mexico, at least, has profited by tbe ex periouco of tbe United States iu the matter of mining laws, but tbe apex theory has become so firmly estab lished bore upou volume after volume of court decisions tbat it is doubtful if it will over be overthrown. Naturo did not place her mineral lodes iu conformance with human customs that might later arise. Dis putes as to tho possession of ore bod ies may delay the mining of them, but thoy will not permanently pre vent tbe production of their under ground wealth. Mines do not suffer so much from litigation aud inactivity as do their owners, Realizing this, it is not uuusual for tbo owners of mining property to absorb adjoiuiug acreage, or for two neighboring ownerships to combine as a protection against boundary warfare below ground. A great many of the largest mining consoli dations iu tbe west have beeu brought about by this cause. Tbe policy of accretiou on the part of tbe owners of tbe big Portland miue at Cripple Creek begau with tbe motive of self-protection. Litigation is not peculiar to tho uiiuing industry. So long as there is such a thing as vested property, property disputes will occur. Far mers tight over their fences, cattle meu aud sheep men war over tho range, irrigation interests contest for tbe priority of water rights, and iu every branch of commerce the lawyers Hud their specialty. Nor do all mining quarrels arise out of the apex question. At, the samo time, mining men have learned from long eporienco that the apex ques tion is one to look out for, aud iu recent years tho number of contested cases growing out of it has beo relatively small. One such suit is being threatened at tbe present time botweerr 'two prominent 'Cripple Crook compauies, aud from Touopab has just come word that tho first serious dispute of this character has beeu only recently suggested. It is to Lo hoped that iu these cases the matters will bo peaceably adjusted. Thoro is ouo bit of satisfaction which tho mining industry may en joy iu tho presenco of litigation, namely, that meu do not tight over property that is not worth having. The public might bavo serious reason to doubt tbe importance of a Cripple Crook or a Touopab if tbo apox question were not soonur or latter heard from. Daily Mining Record. Ofiqn of "Pounds Sterling How many folk who work every day in the year who uso tbe phrase "pounds sterling' are aware of its origin? Probably not one in a thousaud Vet tho adjective "sterl ing," which apart from is commer cial sense, has come to indicate worth and uonuinonoss, has a curious his toric significance, aud is a distinct survival of tho times when England did not weigh so heavily iu tbo bal ance of power aa she does now. In the fourteenth century tho trade of tho known world was, almost without oxcoptfon, in tho hands of the Han seatic League. Within this ieaguo thoie were many towns, most of which coined money, some using better metal than others. Lubec, a Baltic city, made the boat money, and tbo English morcbauts, who even thou know a good thing when thoy saw it, used to contract for payment iu tho "monesy of Kasterlings" Eastorliugs being their name for tho Ualtie merchants. Shortened for convenience, tho word still obtains, aud has all its original force. Ex change. MIDWAY DIRECTOR INSPECTS PROPER! Y The high mogula of the Midway mine have definitely decided to in stall a compressor plant at that ster ling property. Orders will be placed for tbe machinery at once. C. E. McKlnney, a Sioux Falls, South Dakota, banker, who Ih a director iu the Midway company, ar rived in Suinpor Tuesday. Yistcrdny the went down to Maker to meet 11. T. Jleudryx, aud iu company with that gentleman drove ot to the miue. yesterday afternoon, returning late last night. He was highly elated over the progress of work at the Mid way and expressed a hearty euthusiasm as to tho property's future. After au examination of tho affairs of the company, he unhesitatingly endorsed General Manager Hendryx' proposal to facilitate development by the in spallation of a complete compressor plaut of a six. drill capacity. Mr. McKiuuey, who is a brother of the secretary and treasurer of the Midway company, returned to Maker City this afternoon, en route to his home. t .. .. MORNING MINE LITIGATION Doputy Sherilf Jesse Snow is in Sumpter today on ofllcial business. He is one of tho happiest meu iu Maker City. "Wasn't it a pippin!" bo explained when discussing the election. Already rumors are cur rent, that Snow will be the rot.uh lican nominee two years hence. Ills father, Dr. T. N. Snow, was re dlGet'ed eountS' coroner by a comfort able majority. , He is.. hero serving papers on Mr Ames and the other owners of tho Morning miue. This is a suit in equity instituted by T W. Davidson aud his associates to force the com pliance with a contract. They claim tbat they had a bond on tbe Morning mine, tbat they complied with Its provisions aud that tho owners refuse to del Ivor tho property. A formal tender of tho money due as a first payment was made some weeks since, which was refused. Tho owners are not stating on what legal grounds they refused this ten der. Since that time tho parties to the deal bavo beeu negotiating almost continuously, with a view to settling their differences, aud see via I times it was thought that au agreement bad beeu reached, but something always arose to movent a final adjustment. It is reported tbat Mr. Davidson has d'l.'IftOO on deposit, with which to pay oil' the indebtedness aud beuin development, work, with enough moro in sight to make a great mine of the property. It is known that the owners are now considering a proposition from Milwaukee people who aro interested in the Lucy, a near by mine. Just what tho status of this deal is at the present time Is known definitely only to the parties thereto. RED GHIEE CROSSCUT HAS ENTERED THE VEIN Harvey Gioon, of Cohoes, New York, presidont of tho Cable Cove Gold Mining company, owning the lied Chief mine, passed through Sumpter this afternoon on his way home from a trip to the miue. He was accommpauied by his wife, who is making her lirst trip west of Chicago, in the party was also Superintendent W. W. Gardner and his wife, who went through ou a visit to their old home near Haines, Ore gon. President and Mr 4. Green, while en route to New York, will slop over in Salt Lake and Denver. Mr. Green said : "Our lower crosscut has entered a good vein, which at present is nar row, but which we confidently expect aud hope to widen as the drift pro gresses, Cable Cove is a great min ing district, aud there are going to be some of the biggest mines in the west developed from the properties up there, which are now being de veloped. This will, of course, re quire the judicious expenditure of a great deal of money, but investment of eastern capital is certain to follow when it becomes known how rich and inviting the region is." Superintendent Gardner said: "Snow at the Ited Chief has retarded work. In a few days, however, I will return to the mine with a big force of meu and proceed with our drift on the ledge cut last week. This vein, while narrow where en tered by tho erossscut, show signs of widening and exhibits unmistakable symptoms of further enrichment. 1 have great faith iu the Ked Chief." TIMBER LANDS NEAR HERE OPEN FOR FILING Register Davis, of the La Grande land olllco, has sent out tho follow ing not Ice of the opening for tiling of a body of timber laud near Sump ter, on Rock Creek: "Notice Is hereby given that tho approved plats of the surveys of sec tions ID, IK) and III, west half section '2 0, west half section iM), aud west half section M'- township 8 south, range IKS east, Wilamotto meridian, all of tho uusurveyed portion of township X south, range H? east, Wilamotto meridian; fractional sections I'l, 14, I ft , 10, 17, 18, township 0 north, range ill east, Wilamotto meridian; all of the tin surveyed portion of township 'J, north tango Ml! east, Willamette meridian; all of township i! north range ,'17, Willamette meridian; uu surveyed portion of township 'J, north HO east, Willamette merldain, all of township 'I north, range 10 east, and township 'I north range 50 east, Willamette meridian, have beeu received In this otllcc. "The above plats of surveys will be Hied iu this olllco ou Saturday the Kith day of July, V.UH, at 0 a. m. On aud after that date this olllce will receive applications for the entry of the lauds in said townships." Special Excursion to The World's Fair. The Denver aud A- Klo Grande, In connection with the Missouri Pacific, will run a series of Person ally Conducted Excursions to the Wrold's Fair during June. These excursions will be run through to St. Louis without change of cars, making short, stops at principal points en route. The first of these excursions will leave Portland June 7th, and the second June 17th. The rate from liaker City will be 800 to St. Louis aud return. Excursionists going via the Denevr & Rio Grande have the privilege of returning via a different route. This is the most pleasant way, as well as the most delightful route, to cross the continent. The stops arranged give an opportunity ot visiting the unions points of in terest iu and about Salt Lake City, Denver and Kansas City. If you wish to accompany one of these ex cursions write at once to W. C. Mo iiride 1 1! I Third street, Portland, for sleeping car reservations. 0. K. & N. SUMMCK HOOK. The handsome 1 DO t summer book, "Restful Recreation Resorts," issued by the passenger departeut of the Oregon Railroad and Navigation com pany, is just out. It tells all about tbe summering places of the Columbia rvor valley--a brief description of the trips up and down the Columbia river, to tbe mountains, beaches, inland resorts aud fountains of heal ing, where they aro aud how to reach them. The book has a special de signed front cover, printed in two colors, aud the inside pages are splendidly illustrated by coslty aud beautiful half-tones. A copy of this publication may be obtained by bending two cents iu stamps to A.L. Craig, general Passenger agent of the Oregon Kailroad aud Navigation company, Portland. )