TN 3 MINING, MINERAL AND GEOLOGICAL LAW A TREATISE ON THE LAW OF THE UNITED STATES Involving Geology, Mineralogy and Allied Sciences as applied Also the Acquisition and Maintenance of Mining Rights in States Mining Laws BY CHARLES H. SHAMEL, M.S., LL.B., A.M., PH.D. of the Illinois and Michigan bars 1907 HILL PUBLISHING COMPANY 6 BOUVERIE STREET, LONDON, E. C., 505 PEARL STREET, NEW YORK The Engineering and Mining Journal - Power American Machinist 7714 Copyright, 1907, BY THE HILL PUBLISHING COMPANY ENTERED AT STATIONERS' HALL, LONDON, ENGLAND All rights reserved MAR 2 1908 Mining Vinel. Laboratory Hill Publishing Company, New York, U.S.A. THE PREFACE HE aim and scope of this book and the importance of a knowledge of mining law to the mining engineer and mine owner in the United States are explained in the introductory chapter, but a few words may be added here concerning existing books that might be used for such purposes. The excellent works of Lindley and Snyder, each in two large volumes, on account of their elaborateness and style of treatment, are not well adapted for the use of others than practicing lawyers, although indispensable to them. The small manuals of mining law and forms are usually too brief to give any adequate space for such statement and explanation of the principles of our complicated system of mining law as will enable it to be understood in any appreciable degree by those for whom they are intended. Moreover, owing to the extensive changes in and additions to the State statutes by the various legislatures in 1907, and the revision of the very important Land Office Rules and Regulations made in the same year, they are no longer safe guides in these respects. Consequently it would seem that a book containing in one volume a brief history of the development and a condensed but systematic exposition of the principles and rules of law that govern mining rights in the United States, together with a compilation of the National and State statutes and the Land Office Rules and Regulations relating thereto, revised to date, ought to be useful to the mining profession, and that the present is a particularly opportune time for its appearance. In the complex and intricate questions that have arisen out of the application of the extralateral provision of the law, a bare statement of the rule, worked out by the courts to govern rights in the various situations that arise in mining operations, would be inadequate to give a comprehension of the law. Consequently this, the most important division of the mining law, is discussed with considerable fulness, and citations and diagrams from the leading cases are given, which, I believe, will render the rules plain and their |