These figures show that the industry is in a flourishing condition, the gains of 1916 over the averages for the several periods having been 534% in the case of copper, 128% in the case of gold and 85% in silver. Because it has consisted mainly of gold the South African production has not been affected so much by the abnormal prices for the metals that prevailed during the last three years of the term, though the large increase in the value of the output of copper in 1915 and 1916 was wholly due to this cause, as will be seen by an examination of the following table which contains no figures later than those of 1913. South Africa, 1879 to 1913: Cape Province, Namaqualand, Natal, Orangia, the Transvaal and Southern Rhodesia CHAPTER XI THE EUROPEAN SYSTEMS OF MINING LAW. DIGESTS OF THE MINING LAWS OF AUSTRIA-HUNGARY, FRANCE, GER- THE EUROPEAN SYSTEMS In Europe no public land remains, that is to say, land which can be purchased from the government as may be done in the United States, Canada, Australia, and throughout much of Central and South America. This has been the condition for many centuries. In Russia, Austria, Germany, and probably in several other of the nations, the hereditary rulers are vast landed proprietors, and much of their holding can probably be considered as State land, and will doubtless become so when their era passes away. In consequence of these conditions the mining laws in force are only of the kind that have been found necessary to compel land owners to allow prospecting on their property, and when a discovery is made to give the discoverer or his assigns the right to mine. This has been attempted in various ways, and has met with varying degrees of success. At the time of the break-up of the Roman Empire the doctrine that the surface owner was also the exclusive owner of everything under his tract had become firmly established, and this view is still rigidly maintained in Great Britain and has been transplanted to the United States and Canada. On the Continent it passed away early in the nineteenth century, under the intellectual lead of France. In its place was installed the doctrine that undiscovered mineral was "res nullus," and hence belonged to the body politic or the ruling sovereign, in whom resided the right to make concessions thereof, in accordance with legislation enacted by Parliaments, or decrees promulgated by autocrats. These generally have taken the form of long term grants, by which the authorities have disposed of the mining rights to those who first applied for them after making a discovery, leaving the concessionaire to negotiate with the soil owner if possible for such surface ground as might be needed to carry on operations properly. In addition, in several States, the government is itself a large operator of mines. Under such conditions there is naturally very little scope for the activities of prospecting. New discoveries are rare occurrences. Mining is everywhere regarded as a business requiring the outlay of large capital and the guidance of high technical knowledge and experience. Excluding coal, mineral oil, iron and salt, the mineral production of Europe is small as compared with that of other grand divisions of the world. Nearly all of the metal recovered annually comes from mining districts and mines that have been known for hundreds and even thousands of years, having been discovered in those far off days when the population was relatively sparse, settlements few and far between, and unoccupied land abundant. The digests that follow will be found interesting and instructive. That there are yet vast undiscovered mineral resources in Europe is confidently believed by those who are best acquainted with its general geology. These cannot become available until discovered. They will not be brought to light by scientists or capitalists. It is doubtful if the business of prospecting will revive until great changes have occurred in social as well as political conditions. A realization of the "impasse" that exists especially in Great Britain, may lead to an understanding of that which might in due time be reached in our own country if meantime the laws in regard to real estate are not fundamentally modified. AUSTRIA-HUNGARY (Law of May 23rd, 1854) Prospecting, even by the surface owner on his own ground, is illegal without a permit from the authorities, under the doctrine that all undersurface mineral substances belong to the State. Permits, however, are freely issued at nominal cost, good for a year and renewable thereafter from year to year indefinitely, but are not exclusive, and carry no rights beyond that of surface inspection on privately owned land. An exclusive right to develop and explore underground, called a "Freischurf," can be obtained for a circular tract with a diameter of not more than half a mile, by the planting of a notification stake at its center, followed by immediate notice to the Director of the Department of Mines, and formal application in writing for the area so delimited. This is recognized and protected by the authorities so long as they continue satisfied that intelligent and energetic exploring and developing work is in progress, and after registration the temporary title so inaugurated is transferable. Within the tract thus held the explorer may at any time during the legal period of his occupancy, claim the preferential right to a permanent mining area, provided he is able to satisfy the authorities that a new occurrence of valuable mineral has been found by him within its lines, and that it can be worked at a profit with the means at his command. The unit claim is a tract enclosing about 10 acres of surface, placed as desired by the concessionaire so long as it is wholly within the limits of his prospecting area. With it goes the right to produce and realize upon the value of all mineral substances found vertically beneath, and without further obligations of any kind to the government, except the usual forms of taxation, or to the surface owner. of these units may be combined into one group (18 in the case of a coal mine) and any desired number of such groups may be legally located and held by an individual or company by following the procedure outlined. Maintenance requirements consist in practically continuous work to the satisfaction of the Department of Mines. Nine The latter also will grant to the first applicant a right to operate alluvial deposits lying above the surface of the bed rock, upon any area not already occupied by an underground mining franchise, or by public or private buildings, or other surface improvements, the size, term, and other details of which are wholly matters of negotiation between the applicant and the authorities. In all cases the surface owner has the right to claim indemnity for damages of all kinds resulting from the operations of the miner, and for the loss of the use of the land necessarily employed by him for buildings, dumps, beneficiating works, and other proper mining activities; and under certain exceptional circumstances he may compel him to purchase or pay rent on such areas, if, in the opinion of the authorities, no other method of indemnification would seem equally just. FRANCE (Law of April 13th, 1810, as amended April 27th, 1838, January 16th, 1840, May 9th, 1866, July 27th, 1880, and January 23rd, 1907) Mineral substances of all kinds are divided into three classes, called respectively Mines, Placers, and Quarries. Mines. Combustibles (coal, oil and natural gas); ores of the Metals when occurring in rock in place; deposits of sulphur, alum, rock salt, baryta, fluorspar and in general all other minerals usually found in bodies which extend into and below the surface of the bed rock. Placers. Metalliferous alluvials, and all desirable minerals (except Quarries) occurring in the surface soil as parts of it, and of its nature, and not extending from it into and below the surface of the bed rock. Quarries. Building stone, limestone, peat, clay, and analogous substances that may be operated by uncovered excavations. Materials of the first class belong exclusively to the State, and may be searched for and worked only under the provisions of the law. Placers and quarries belong to the owner of the surface, but all operations thereon may be conducted only with the knowledge and under the supervision of the authorities. |