The Initiation of Title to Mineral Lands

AN analysis of this subject demands a study of the theory and practice of the present system, conclusions as to its merits, and recommendations for remedying its defects if any be found. Theory of the Present Law The theory of the present law with reference to lode locations contemplates the existence upon the surface of mineral-bearing veins which have clearly marked boundaries, and which can be so readily traced that a locator may immediately mark the boundaries of his 600 by 1,500 ft. claim in such a way that the vein will pass through both of its end-lines. It also supposes that, having discovered such a mineral-bearing vein, the locator will at once post a notice upon such discovery, mark the boundaries of his location in such a manner that they can be readily traced, and from that time forward have absolute title to the ground embraced within such boundaries, as against every person except the United States. For initiating title to placer ground, the law presupposes the discovery of a valuable mineral deposit; but not necessarily in place, as in the case of lode claims; and the location must be made to conform "as nearly as may be" to the legal subdivisions of the United States public land survey. When the placer law was extended to include the acquisition of title to oil lands, no exception was made as to the necessity for the discovery of valuable mineral in advance of location!