The leasing system. Underground boundaries of regained except by purchase from the private holders, and justice would require the taking of this step if it was decided either to reserve minerals or impose duties upon them as conditions in the sale of public or mining lands hereafter. To place a burthen or a restriction upon the mining industry in one section of the country from which it has been freed in another would be a fruitful cause of irritation. But even if the policy of restricting and burthening the industry could be generally applied, no one can believe that greater activity would follow. One might with as good reason hope to see a man's locomotion improved by attaching a cannon ball to each of his legs. At any rate, as long as mineral development in Ontario continues to depend largely upon investments of foreign capital, and especially of American capital, a liberal policy must be followed; mining lands must be not less free here than in the United States, where with the single exception of New York there is neither reservation nor royalty. So, also, as regards the leasing of mineral lands, the influence of the United States system would make its adoption well nigh impracticable here. The underground boundaries of mining locations are not fixed by the law, and were a dispute to arise great difficulty might be experienced in mining locations getting a decision. It is only in the case of claims in mining divisions that the law pretends to say what these boundaries are, and what it does say is as mysterious as the utterance of an oracle. The act of 1868 provided that "the ground included in every claim shall be deemed to be bounded under the surface by lines vertical to the horizon; " and while this clause is retained in the act of 1869, another is added the effect of which appears to be to give to the licensee the right of following the vein laterally to any workable extent. "To the depth to which the same can be worked" are the words used, but by some lawyers this phrase is construed to mean only as far as the vertical boundary. The liberal construction is doubtless the proper one in the interests of miners. Health and safety of miners their claims as wage-earners. In another and more important respect the act is also defective, viz. : provision for the health and safety of miners, and security of their claims and security of against employers. It may be that the general provisions of the Master and Servant act, the Mechanic's Lien act and the Wages act afford sufficient facilities to mine workers in the collection of wages, although there are circumstances of mining employment which may be thought to demand special legislation. But as regards the health and safety of miners, little or no protection is afforded by our laws applicable to mining in Ontario; and although no law can ensure workmen against the occurrence of accidents or the effects of foul air, it is none the less necessary that every possible provision for their health and safety should be made by the law. The British and the New Zealand regulations are valuable models of this kind of protection. to the govern If the law also required the owners of working mines to make yearly Annual returns returns of their operations to the government, showing the extent of mining work done, the quantity and value of ore or other material raised or quarried, the quantity shipped to market, the number of persons employed and classified rates of the wages paid, together with plans or maps of the mines showing ment. exact measurements of the work, it is believed that a useful public purpose would be served thereby. Forest fires in mineral The prevention of forest fires is a matter of supreme importance to the country, but, unhappily, it is one in which the interests of the general public districts. and of the explorers for minerals are not identical. Where the land is heavily timbered and the soil covered with moss and decayed vegetation, as is the case in extensive regions throughout the northern part of the province, it is difficult to prospect for ore-bearing veins; and although it would be unjust to charge explorers with purposely setting out fires for the object. of facilitating their own quest, it is an undoubted fact that a burnt district is more easily searched than one covered with primeval forest. The explorer's interest does not lead him to exercise great care in the prevention of fires, and he is more likely to view their outbreak as a good turn done to himself rather than an evil one to the country. The law to preserve forests from destruction by fire, being chapter 213, R. S. O., 1887, is ample enough in its provisions; but it is generally supposed to apply only to lumbering parties and railway companies. To remove this misapprehension and make the law A suggested known to other parties whom it specially concerns, it is suggested that prospectors for minerals be required to take out an annual license to explore, issued by the department or any local land agency at a nominal fee for a specified territory and having a copy of the act attached thereto; and that in the case of a party of explorers employed by any person, or company of persons, the requirements of section 8 of the act should apply. remedy. division system. The mining division system of the present law has failed so hopelessly The mining in practice that it does not deserve serious consideration; nevertheless some features of the system are worthy of being retained in the act, such as those which relate to the inspection of mines and the observance of conditions under which claims or locations are held. the William S. Gibbon-The mining laws at present in force I think operate against poor prospector, and retard the development of the country. I think it would Encourage the be wise to copy the mining laws of the United States, and allow the prospector to prospecter. put down his stakes and mark off so many chains and require him to do so much work every year. The taking up of land to hold for speculative purposes has just commenced in this section, and if allowed to continue will tend to retard the development of the country. I think the proper remedy would be to compel the performance of so much work, say for five years, and at the end of that time the prospector should be given his patent in fee simple; I think that would be better than giving a lease, as is done in the case of timber lands. If allowed to stake out claims as in the United States, the result would be a great increase in the number of prospectors. Thomas Frood-Under the present mining laws the poor man is at a disadvantage; he is required to pay for the land in cash when he makes his application, and very few prospectors are in a position to do that. I have had to give away 95 per cent. of mineral land to secure the other 5 per cent. I think it would be wise to place mineral lands on the same footing as timber lands. When an explorer makes a discovery he should send information to the crown lands department; the department should then send an expert to examine it, and if the discovery proved to be of value the prospector should receive a percentage of what the property sold for at public auction. All mineral lands should be advertised for sale once a year and sold. By adopting that system the country would receive the benefit of the speculative value, while at the same time the prospector would receive The speculative a fair recompense for his discovery. Conditions might be imposed compelling the value of mineral performance of a certain amount of work, or if the government thought proper a royalty might be paid. The same principle is carried out in regard to the timber land. Small or large locations. Local administration. The right to stake out claims. Prospecting on vacant private lands. Protection for sales, and I think the best possible prices are realised. In dealing with this matter the amount of purchases by companies should be limited. I think more capital would have ben invested in the Sudbury district if speculators had not been allowed to buy up the land. I have had no experience as to the working of the American mining law, but I think I may add a suggestion to what I have already said, that the prospector should be allowed to take up a small quantity of land, say 10 or 12 acres, instead of as now being compelled to purchase 0 or 160. I also think it would be well for the goverment to place one officer with a good deal of authority at Sudoury and another at Pot Arthur, to deal on the spot with questions of title and other matters; it would save a great deal of trouble, and prevent a great amount of litigation in the future. Henry S. Hedges- I think there ought to be some change in the law, so as to protect poor men like myself. I thi k the prospector should have the right to stake out his claim, and should be protected till he has time to purchase the property at the end of a number of years, he having to do a certain amount of work. James Willer-I think the prospector should have the right to stake out his claim, and hold it by doing so much work each year. I also think it is a mistake to sell larg tracts of land to speculators. I do not think it would be unjust to have the right of prospecting on vacant private lands, the prospector in the event of making a discovery to have a share in the find. R. E. Bailey-I live in Milwaukee and I am at present and have been for a number of years engaged in mining. I have been prospecting since 1868, during four years of which time I was in South America-Cili, Peru, Equador and the the prospector. United States of Colombia. I have not been engaged in mining all the time since 1868. By trade I am a millwright, but I have always been eng ged setting up mining machinery. While I was in South America I was exploring. After coming back from there I went to the mining districts of Colorado, Idaho and New Mexico. In every mining district I have been in I have always done prospecting and acquired property. I came here a year ago on the 24th of July, and am now acting for the Algoma mining syndicate and the Imperial land and mining syndicate, both of Milwaukee. The mining laws here are not fair to the prospector, and some way should be devised to protect hi n. Land should not be sold to be held for speculative purposes. Every man having a claim ought to be compelled to do a specific amount of work every year; that, I think, would be better than taxing mining land. The United States mining law works wel', and might be copied here. It is necessary that he prospector be protected, as capital ill not explore. There is one matter I would like to menti n. In regard to the Batchawana claim, I have paid for the land what the government asked. I have employed a land surveyor and paid him for making a survey, yet they will not grant me my patent till I go to the expense of connecting that with a point on their survey. If I happened to ocation with the be 30 miles away from such a point it would cost about $3,000.* If the American departmental laws were adopted and we were allowed to stake our claims that would be done survey. Holding undeaway with. All properties around here are undeveloped. The development of the veloped pro- property is what gives it value; I do not therefore approve of holding undeveloped perties retards properties at high prices, as it retards development. Seven or eight mining men the mining incame to this place from the Rocky mountains, and went back on account of the dustry. Lands should not be allowed to be located as mineral lands till the mining laws. prospector has made an affidavit that he has found mineral upon them and has produced specimens. Connecting a Right of location, Speculative holding of land. Eneas McCharles-As the laws are at present the prospector has no protection at all; he is liable to have his claim jumped before he can secure it. There should be a limit put to individual sales so as to prevent the speculative holding of land. Some mode should be provided whereby a prospector might find out without delay what lands are located. Such means should be provided at the local office, and as soon as a lot is taken it should be so marked at once; at present it is very difficult to find what lands are taken. A supply of maps should also be kept at the local Local agencies to office for sale at a nominal price to those wanting them. Some Americans came here and wanted to get maps. but were unable to get them and had to pay a surveyor $26 for what they required; that is not right. Instead of allowing the staking of claims along the vein, I think it would be better to allow the prospector give information. * This estimate is doubtless too high; but in a speech made by Hon. Stephen Richards in the legislature, December 11, 1868, upon the mining bill of which he had charge, he is reported as saying that a single line run from Sault Ste. Marie to Thunder bay, at a distance of about 18 miles from the coast, had cost the government from $40 to $70 a mile.-A. B. to take up 40 acres if he desires or allow him to take up as many claims as he likes, Small locations provided he does so much work on each claim of 40 acres. It should be compul- and compulsory development. sory to do so many days' work; I doubt whether it would be wise to fix the amount in money. If a money basis were adopted I think a m n t king up 160 acres should be compelled to expend at least $500 the first year, the expenditure to be to the satisfaction of an officer of the government appointed for that purpose. The prospector should have 90 days after he has staked his claim to secure the property; he should have that time before being called upon to make any payment. Forty acres should be the smallest and one hundred and sixty the largest quantity of land The right of pros sold to one party. I think that in the case of lands which are held without being pecting private developed the prospector should have the right to go on them and prosp ct, and have a third interest in any mineral he finds. The gov rnment should lay the country out in mining districts after minerals have been discovered, and they should then build roads as they do to encourage agriculture. Experts should be appointed Public roads. to decide what sections should be laid out in mining districts. In my opinion good road- do m re to develop the country than anything else, and I think the government would do better to build roads than to bonus a railway. Americans do not seem to like to go out of their own country, but I think they are beginning lands. tracts. to come here; one told me the other day that he had just put $25,000 în Michipi- Staking claims in coten. Where a prospector locates a claim over six miles from a surveyed town- unsurveyed ship he should be allowed to stake his claim and should not be compelled to co nect with the nearest survey; it is not fair for one man to have to bear the expense when others may benefit by tying on to him. Edward Norris-I think the prospector should be allowed to stake out his claim as is done in the States. As it is now a great many discoveries are made security of which never come to light on account of the fear of being jumped. Take the case claims of Frank Vallequette, who has been exploring this district for the last ten or twelve years. Giving prospect ors an option. W. H. Plummer-I am a merchant and have been living at Sault Ste. Marie about twenty-five years. I have interested myself in mining matters somewhat, taken shares in them, assisted to develop them and so n. At present I am not heavily interested in mining property. As far as my judgment goes the Ontario mining laws are as good as they can be; still I think it would encourage prospectors very much if the government gave them an option, provided they did bona fide development work. I do not think holders of wild land would object to prospectors Private lands. going on their property, or would refuse to reward them for anything they might find. I don't think the people of this distri t would object to a law of that kind, but the prospecting should be done under certain conditions. Thomas A. Towers-The government should limit the quantity f land sold to one party. As the law now is the prospector has to keep his discoveries very Prospectors and quiet, otherwise he will be jumped. I think he should be allowed to stake out his speculators. claim and go to the nearest office and secure his rights for a time to enable him to find means to purchase it. The whole of Denison town-hip was bought up by parties in Toronto who never were on the ground and who knew nothing about it, excepting the report of the find on Vermilion location. I don't think it is right to allow that. If a district is likely to be a mining district I think t would be right for the government to run lines for the prospectors to tie on to, and I think surveys should be made by the government. Tying lines. A. G Duncan-The Vermilion company owns about 2,700 acres of land; 2.100 acres they got from the government, and the balance from private parties. They commenced operations last winter, some time in January. I have had no former Mining districts, experience in prospecting or mining. I think if the government were to proclaim this a mining district the law would be satisfactory, but as it now is I don't think it gives satisfaction. Where a large quantity of land is being heli prospectors should be allowed to go upon it and develop it on a royalty. The prospectors themselves seem to favor the American law, and say they would prefer to be allowed to stake out their claims. The holding of large quantities of land is detrimental to the Large holdings interests of the country, and as far as I am individually concerned would not an injury to the mining industry. object to a law allowing the prospector to go on all lands so held and work them on payment of a royalty. Many people come into the country, but finding the land all taken up they go away and do not come back again at all. Henry Ranger-The laws are not altogether fair to the prospector. I think he claim-jumping should be allowed to stake out his claim and be given a reasonable time before Prospectors on private lands. having to pay for the land. I speak from experience, having had a claim jumped before I could manage to secure it. B. E. Charlton-Our company has adopted the policy of encouraging prospec tors by allowing them to work under a royalty, the rate of the royalty being determined by the circumstances. The mining laws are satisfactory as far as we are concerned. To work a copper mine takes a great amount of capital, and thereSize of location. fore a large quantity of land is necessary in order to be able to do anything. In the case of free gold, it could of course be developed with a small capital. I do not think however that it is in the interest of the country that large amounts of land should be tied up by one company. I think it would be a wise provision to prevent the taking up of mineral land till mineral is shown to exist upon it. It would be well to devise some judicious means of preventing the tying up of land. Discovery should prece de location. A whole town ahip taken up and held by speculators. Jams Stobie I live in the township of Johnston, district of Algoma. I have had experience in mining and have been engaged in exploring in this district for the last three years. I am interested in the Dominion mine and am a shareholder in the Vermilion. I do not think the mining law is fair. As it is at present the whole of Denison is taken up and is being held by speculators. I think it would be to the interest of the country if the prospector had the right to go on land so held. and if he makes a discovery an interest should be given him. In granting a patent of agricultural land the same right should be reserved to the prospector. Such an alteration in the law would tend to encourage prospecting and develop the country perhaps more than anything else. At present the prospector is at the mercy of the capitalist. Some way should be devised to protect him till he has had a reasonable time to acquire the property. The quantity of land sold to one party should be limited. In the case of iron more land should be allowed, as more is required for works, etc.; but on all lands sold the government should insist upon development. Small locations If the law compelled owners of properties to work them I don't think the holding Prospecting private lands. and develop ment. Development. The prospector does not get fair play. Size of daims. Conditions of holding claims. Staking out laims. Inadequate protection for the prospector. Discoveries on private lands. Location and of large tracts would interfere with development, but if n t worked the land should be open to prospectors and if anything was found the discoverer should have a stated interest in it. Robert Hedley-I think there should be some law compelling the holders of land to develop it, and if they did not comply with the conditions the land should revert to the government. John Babcock-The mining law does not give the prospector fair play. He has to keep his find very quiet and has to give a man the big end to secure it for him. The prospector should be allowed to stake out his claim. Under the present law I have known a man to have three claims jumped. There should be a local office where the prospector could register his claim, and also where a man could find out what lots have been sold. The size of a copper claim should be, I think, about 80 For gold and silver the claim should be 100 by 200 feet. acres. Robert McCormack--On gold and silver veins the prospector should be allowed to stake his claim as is done in the States; he should do so much work and at the end of five years bè entitled to his patent. For copper and iron the claims should be from 160 to 320 acres. Charles Kettyle-I think the mining law should be so amended that the prospector might be allowed to stake out his claim as is done in the States, he to do a certain amount of work every year. P. C. Campbell-The present mining law is not satisfactory; there is not any protection for the prospector at all. The man who makes a discovery has to make an affidavit, and the man before whom he makes it may telegraph to a friend in Toronto and have the location taken up for himself. I would suggest that the prospector be allowed a certain time to secure his location, that he be obliged to do a certain amount of work, and that while he is doing the work no one be allowed to buy the location over his head. The prospector should have the right to go on all lands held for speculation and should have an interest in anything he might find, or be allowed to work it on a royalty. I think it would be right and fair to give the present holders of land a certain time to explore and develop their lands before such a law should be put in force. Dr. Edward Peters-In regard to the mining laws, I think the prospector improvement of should be allowed to stake out his claim, as in the States, he to do certain improvements; or perhaps it would be better if he had to do so many days work before he became entitled to get his patent. |