lands.

The records of the department show that the extent of public land in Sales of mineral the province sold for mining purposes during the past forty-four years (from 1845 to the close of 1888) was 709,335 acres, for which the treasury has received $810,955, being an average of 61 cents per acre in the period before Confederation and $1.35 per acre in the period since. The first regulations fixed the limit of a location at five miles in length by two in breadth, or 6,400 acres, under which the Montreal company acquired 107,156 acres at 42 cents per acre, and the Quebec and Lake Superior company 19,200 acres at 80 cents per acre.

The general criticism.

Applications to purchase.

Mineral lands

tions.

In dealing with the subject of our mining laws it is proposed, first, to refer to the opinions of witnesses upon their operation and the various suggestions for their amendment; secondly, to make a comparative study of the laws of Ontario and other countries; and thirdly, in light of the criticism and comparison, to indicate some changes which seem to be desirable in our own laws for the greater development and prosperity of the mining industry.

OPINIONS OF WITNESSES.

I. The mining laws of the province have been variously criticised by a large number of persons whose testimony has been taken by the Commission. By a few they are regarded as being well suited to the necessities of a substantial industry; but by the majority they are thought to stand in the way of exploration and discovery, to favor the moneyed man at the expense of the prospector, and to facilitate the locking up of large areas for speculative ends.

Applications to purchase land under the mining act are required to be made direct to the department, accompanied by the purchase money and the affidavits of at least two credible witnesses showing that the land is unoccupied and unimproved (except by or for the applicant), and that there is no adverse claim to his on the ground of occupation, improvements or otherwise. It is claimed that the interests of explorers and intending purchasers would be better served were the applications made to local agencies and offices, as in the case of other public lands. At such offices prospectors could be supplied with maps of the territory to be explored and learn what lands are already taken up, besides being able to file claims promptly. It is also suggested that officers with larger powers might be placed at two or three of the principal agencies who could deal on the spot with questions of title and other matters, thus saving a great deal of trouble and preventing future litigation. They might be vested in part with the authority of inspectors of mining divisions, without setting in motion the whole machinery of the mining division system.

The mining act provides that any crown lands supposed to contain and mining oca minerals may be sold as mining lands, and that where situate in unsurveyed territory or in townships surveyed into sections they shall be sold in blocks called mining locations. In the opinion of one witness lands should not be taken up as mineral lands till the applicant has made an affidavit that he has found mineral upon them and has produced specimens ; a second says that no land should be sold as mining land unless a vein or other workable deposit has been found upon it; and a third thinks it would be a wise provision

to prevent the taking up of mineral land till mineral is shown to exist upon it. By adopting this provision it is thought that the mineral-bearing districts of the country would be more thoroughly explored, and that less extensive areas would pass into the hands of speculators who buy up tracts on the strength of discoveries made in the locality. One witness states that the whole of Denison township, in which the Vermilion gold and copper mines are situated, was bought up by parties who were never on the ground, and who knew nothing of it except the reported discovery on the Vermilion location.

Extent and

opinions.

Concerning the extent of locations, and the number which one individual or company may acquire, there is some diversity of opinion. The mining number of mining locations. act provides that in the territory north or north-west of the Mattawan and French rivers and Nipissing lake, including the territory bordering on lakes Huron and Superior and the river St. Mary, a mining location shall consist of 80, 160 or 320 acres, while in all other unsurveyed lands it shall be as may be defined by order in council; but the act does not limit the number of locations which one party or company may acquire by purchase from the crown. The opinions of the various witnesses may be summarised as follows: (1) The prospector should be allowed to take up a small quantity of A variety of land, say 10 or 12 acres, instead of being compelled to purchase 80 or 160 acres. (2) In the case of iron more land should be allowed, as more is required for works, fuel, etc. If the law compelled owners of properties to work them the holding of large tracts would be less objectionable. (3) The size of a copper claim should be about 80 acres, but for gold and silver it should be 100 by 200 feet. (4) For copper and iron the claims should be from 160 to 320 acres. (5) To carry on mining works like those of the Canada Copper company it is a necessity to have large quantities of land. (6) The taking up of large blocks of land has a tendency to prevent development and keep out bona fide miners. A quarter section would be a fair limit, but for wood supplies it ought not to be less than 400 acres. (7) A single location should be forty chains on the course of the vein, and one man should not be allowed to hold more than one claim. (8) The claim should be about half a mile on the vein, and 200 or 300 feet wide. (9) To work a copper mine takes a great amount of capital, and therefore a large quantity of land is necessary in order to be able to do anything; but it is not in the interest of the country that large areas of land should be tied up by one company. (10) The location should be measured on the length of the vein, say about 1500 feet, and the discoverer should be allowed to take two claims adjoining each other. (11) It might be well that a man should be allowed to take 40 acres, if he did not wish to take more, but 80 acres at $2 an acre is a very small matter. (12) A length of 200 feet on the vein is sufficient for a gold mine, and a claim should not be more than 300 feet on the lode; but a man might purchase as much as he liked afterwards, providing a certain quantity of work was done on each claim. (13) The location should be about 80 acres, laid out as now, and the sale of large blocks should not be allowed, except perhaps in the case of iron. (14) The quantity of land sold to one party should be limited, or the tax should be increased so as to force those holding on speculation to sell or develop their property. (15) The selling of large blocks passes the land

17 (M.C.)

Survey of locations.

Suggestions.

Protection for prospectors.

into the hands of speculators, but the limit should depend on the quantity of land that is going to be worked. The area would not so much matter if the conditions for working it bore some relation to its extent. For copper, galena, iron and other minerals about 160 acres is sufficient; for gold and silver a less area is required, but purchasers should have enough for the necessary buildings, timber, roads, etc. (16) The limit would have to be fixed by circumstances, but it is not right that one person should be allowed to buy up a whole section of the country. If a man finds a vein, and it turns out to be richer farther on, he should have the the right to pre-empt another claim. (17) If the area which could be taken by one party was limited the country would be more thoroughly prospected than it now is, especially should successful development ensue in the district. (18) The sale of large blocks has not retarded development or hindered prospectors, and on the whole it has resulted in more good than harm; but while a limit ought not to be put on the extent of locations, there should be provisions as to development. One of the reasons for wishing to have large properties is, that they improve the chances of getting money to work the mines. (19) Capital is very hard to get to develop mining properties, and it is most important to do all possible to induce investment. Restriction of areas and compulsory work would lead to evasion. The gentlemen whose views are given in the last two statements have had considerable experience in procuring capital for investment in mining properties.

The act requires that in unsurveyed territory each mining location shall be surveyed by a provincial land surveyor, and be connected with some known point in previous surveys or with some other known point or boundary at the cost of the applicant, and that each person applying for a tract shall furnish the department with the surveyor's plan, field notes and description, showing a survey in accordance with the act and to the satisfaction of the commissioner. It is stated by witnesses that the costs of a connecting line are in some cases heavy, and that it is not fair to make a pioneer prospector pay for running this line when others may benefit by tying on to him. Among the suggestions are, that in mining districts the government should lay out the country in blocks, as in the North-west territories, or run north and south and east and west lines, that townships should be surveyed as they are prospected, and that where a prospector locates six miles from a surveyed township he should be allowed to stake his claim. It is thought by others that all surveys of locations should be made by the government, as it is often a hardship on the poor man to get his location laid out. Several witnesses also suggest that iron pickets should be put down in making surveys, as wooden ones are frequently destroyed by fires, thus making a new survey necessary at the cost of the private owner.

Prospectors are protected in their rights by the regulations of the department governing applications to purchase; but it is stated that in some cases claims are jumped, and that in others, through the inability of a poor man to make cash payment for the whole purchase, his discovery goes to some more fortunate man. The prospectors themselves are unanimous in the opinion that a reasonable time ought to be allowed a discoverer to pay for

his location before it is disposed of to any other applicant. It does not appear, however, that the discoverer is often wronged through failure of the regulations of the department to protect him, or that the jumping of claims is more than an occasional occurrence, especially where it can be shown that a claim has been established by occupation or improvement. Still it is held to be necessary that the prospector should be carefully protected in his rights, for "capital will not explore."

The right to stake out claims is only permissible under the act where a mining division has been established, and the extent of a claim for one person

out claims.

is limited to 200 feet along the vein or lode by 100 feet on each side thereof. Right of staking Witnesses are generally of opinion that a prospector should be allowed to stake a claim on crown land in any part of the country and obtain his patent at the end of four or five years, on condition of performing a specific amount of work yearly, measured by value or days' labor, the latter preferred as being less favorable to the practice of fraud. Several witneses, however, would make the plan of staking claims liberal enough to allow the prospector to take 40 acres or more, on or off the vein. One witness, Francis Andrews of Sudbury, would fix the limit at 80 to 160 acres, for the reason that he thinks the occurrence of minerals in that district is not favorable for the staking of claims on the vein; while another, Mr. Dawson of Port Arthur, does not believe that the plan would work well in his district, where quartz mining prevails. The plan is favored chiefly because it is thought that it would give effectual protection to the prospector.

lands, and terms

Mining lands in the Huron and Ottawa territory are sold at one dollar per acre, and in the northern and north-western territory at two dollars per Price of mineral acre, cash. Prospectors regard this rule as a hardship, and would prefer a of sale. time allowance. One or two witnesses are of opinion that the service of an explorer should entitle him to a free grant of one location, as few of them are possessed of the means to pay; another thinks it is the duty of the government to get the best price for the land; and others suggest that all discoveries of mining land be reported to the department, examined by experts and sold by auction, the same as timber limits, thus securing to the country the benefit of the speculative value. Still another suggestion is, that the discoverer might be allowed to hold the land upon payment of ten cents an acre yearly, till he is in a position to purchase it and take out the patent.

system.

Under the mining division system any person holding a license is allowed to mine a claim one year upon payment of a fee of five dollars, with The licensing a right of renewal of the license. This is practically the same as the leasing system, but the latter does not seem to be regarded with favor. One witness says licensing has proved altogether a failure in this country, but another thinks it might work well if the land was leased at such a rental that holders would have to mine it or throw it up. Only one witness favors leasing outright, requiring development work for a certain time as a condition precedent; then giving a lease for twenty-five years at a royalty, with the option of renewal for a like term.

By the mining act of 1869 all royalties reserved or made payable on minerals or ores found upon patented lands were abandoned, both as to the

Royalties.

Speculation in mining lands.

past and the future, and it was declared that no reservation or exception of gold, silver, iron, copper or other minerals should be inserted thenceforth in any patent from the crown granting lands in the province sold as mining lands. Exception, however, is made of minerals in land located or sold under the Free Grants act, which are reserved and are the property of the crown. Two or three witnesses are of opinion that as a matter of arrangement a person discovering ore or mineral on land already patented might be allowed to work it upon payment of a royalty to the owner, and that such arrangement might have the sanction or authority of law. Another witness states that this is the practice in Germany, where one may go on any person's property by obtaining permission from the government, and in case he cannot agree with the proprietor on the amount to be paid the government steps in and the matter is settled by arbitration. And the witness adds that in his own experience of fifteen years in that country he never had any trouble with the owners; they were always glad to make an arrangement. But in the sale of lands in Germany the minerals are reserved, and the government claims a royalty of two per cent. in kind in addition to the interest paid to the owner of the property. Only one witness ventures to say that it is desirable in this country to return to the royalty system, and he thinks it would not be unjust even to reclaim the abandoned royalties, as when selling the land the government got nothing for the minerals.

Speculation in mining lands is regarded by nearly all the witnesses as baneful, and especially in cases where large blocks are held. The loudest complaints are made in the lake Superior region, where a great deal of territory is locked up. Nearly the whole country is bought up on speculation, one witness states, and people are asking $1,000 to $100,000 for locations upon which a dollar's worth of improvement has not been done. Many people come in, a witness of Denison township says, and finding the land all taken up they go away and do not come back again at all. The holding of land for speculative ends stops prospecting, keeps out bona fide miners and retards the development of the country; such is said to be the general effect. Two witnesses only express a different opinion, one denying that the practice has hindered prospectors or kept back development, and the other stating that all the prospector can do is to find the mineral: capital has to take the risk of developing it. The latter stands alone in opposition to the proposed remedial measures; restriction of areas and compulsory work, he says, would lead to evasion. All other witnesses are agreed that the land should be held subject to certain conditions of mining development, and several suggest that, failing the conditions, the land should revert to the crown. The quantity of land would not so much matter, Dr. Selwyn observes, if the conditions for working it bore some relation to the extent of the area; and this is the prevailing opinion. One important feature of the evidence deserves to be emphasised, viz. that rich men are not the only owners of land held for speculation. Many prospectors are also holding for the same object, having neither means nor intention to work the properties they have acquired. Rich and poor are in many cases alike indifferent to the economic fact that, in the words of one of the witnesses, "the development of the property is what gives it value.”