two or more installments, but it cannot be paid in labor, which is the only kind of currency the working class possesses. Hence, even in Mexico, very few laboring men become mine owners.

No extralateral rights are allowed anywhere under the Latin systems, but a most interesting attempt to convey such privileges to a limited extent has been inherited from the old Spanish laws, and has been incorporated in the Peruvian law. Details of this are given in the chapter on "Extralateral Rights.”

In all respects the laws of these countries are apparently favorable to company operations. Concessions are liberally granted, and as long as the very reasonable annual taxes are paid, and no revolutions occur, holders of such rights are assured of great security. The general laws and the church keep labor well in control, and experience has shown that the working people of these countries, when fairly treated, are faithful and can be trained to a moderate degree of efficiency. They make excellent miners, and quite a proportion become capable of handling machinery under ordinary circumstances. But universally they fail in emergencies, when initiative is demanded. This is undoubtedly due, not to any lack of intelligence or courage, but to a lack of education. So long as a people do not know the causes of the simple phenomena of every day life, and are taught that they must look to others for explanations of such matters, so long will they remain incapable of giving anything more efficient than faithful routine service in return for wages.

In Mexico, where the Latin system has attained its highest development, the mining laws, so far as they touch the relations between the State and mining corporations or individual mining operators, are exceedingly satisfactory. Mining engineers, company managers and agents universally approve them. The proportion of gross output claimed by the State in the form of taxes or royalties or both is not unreasonable. The protection granted in return is ample so long as the authorities retain control of the population. Few regulatory systems work as well when they work at all. But in all lands so conducted, on the basis of a large submerged, uneducated, and supposedly inferior working

class, with no middle class into which they may hope to elevate themselves, and through it voice their aspirations to the upper and governing class, rebellion and anarchy sooner or later come, destroying the improvements and wiping out the profits of the years of quietude. To the Anglo-Saxon, operating for himself or others in such lands, the problem is to keep looking ahead for the time of the inevitable storm, and well before its arrival to clean up if possible and get away; to do the latter, anyway.

It would be taking a backward step to look to such lands for ideas in law that might be advantageously applied to modern industrial conditions in forward-looking nations. The conceptions of human rights current there are those of regimes that have already had their day.

ARGENTINA

(Law of November 25th, 1886, with amendments to date of January 1st, 1917)

For the purposes of the law mines are divided into three classes, as follows:

Class 1.-Those which exist under the surface soil, in rock in place, to wit: ores of the metals, combustibles, and precious stones in veins. These are open for appropriation under the law.

Class 2.-Those which occur on or in the surface soil, or, if extending below it into the bedrock, yield well known materials of common use. Included in this category are metalliferous alluvial deposits, abandoned mine and furnace dumps, and tailings from mills, borax, saltpeter, marl, peat, pyritiferous and aluminous earth, magnesite, fuller's earth, emery, ochre, fossil gums, soapstone and whetstone, phosphates, sulphur, barite, fluorspar, copperas, graphite, potters clay, and salines. These, when found upon the public domain, may also be appropriated under the law. When occurring on alienated land they belong preferentially to the owners thereof, but are open to appropriation by others with his consent, which under certain circum

stances may be forced, under the theory of eminent domain, if considered for the public good.

Class 3.-Building stone, brick clay, sand, cement rock and similar materials. The land upon which these substances are found may be purchased from the government in the ordinary way if still unoccupied, but when upon alienated land belong exclusively to the surface owner, and cannot be appropriated without his consent.

As to other substances not above mentioned, either omitted accidentally or because they have become known or desirable only recently, the rule for classification will be based upon their nature and importance. The same rule will apply to the substance classified, which sometimes, by reason of the discovery of new uses, should be transferred from one class to another.

Mines that are open for appropriation are held to be the property of the Nation, whether situated upon public or upon private land.

The right of searching for, owning, using, and selling such deposits is conceded to all individuals who can legally own property of any kind, but only in accordance with the provisions of the law. The Nation is not empowered to work or sell mining property, but it can grant the provisional possession and usage of such real estate so long as the conditions for tenancy and operation are complied with. Mines constitute a class of property distinct from the surface, and may be transferred from one holder to another by substantially the same procedures as in the case of ordinary real estate.

Prospecting is not free. A permit is required, both from the government, and from the soil owner when it is desired to explore on alienated land. But in neither case does the permit cost anything. To secure exclusive exploring rights on a selected area a written application must be made to the local authorities giving a description of the tract desired, the metal or mineral to be sought, and the name and address of the surface owner if the tract is not on the public domain. After public advertisement of the application, and other formalities that may take 30

days or more for their execution, the permit may be granted. It may also be denied if the surface owner can show good cause for refusal. If granted, the area so securable is 500 hectares (about 1250 acres) for one individual and 1000 hectares for two or more if the land is cultivated or fenced, or 2000 hectares if on the public domain. The tract must be a solid body, and in as compact and regular a form as possible. The term cannot exceed 300 days. Active work must begin within 30 days, and must be continuous thereafter. If within the term the prospector makes a discovery and desires to inaugurate serious development work, he may locate three claims, contiguous or separate, and within five months thereafter must apply for the formal grant of the same. Meantime he cannot turn into money in any way any substances found, but must store them upon the premises until the grant issues. Also, before the latter will be issued to him he must pay the surface owner (if any) for all damage that may have resulted from his prospecting operations, and may be required to give security for what may be done in the future.

The unit lode mining claim is a parallelogram measuring 300 meters in length, which dimension must be laid off along the apparent strike of the ore body. When the latter dips vertically or nearly so into the earth, the width allowed is 200 meters. When the dip is greater than 45 degrees from the vertical and not over 50 degrees, the width can be 245 meters. Between 50 and 70 degrees a width of 250 meters can be taken. From 70 to 75 degrees, 275 meters. If over 75 degrees, 300 meters. The discovery point may be anywhere within the boundaries. For an ordinary alluvial claim, 100,000 square meters (about 21 acres). For dumps, slag heaps and tailings, 70,000 square meters (about 15 acres). For rock salt and peat, 20 hectares (about 50 acres). For pyritous, aluminous or Fuller's earth, copperas, magnesite, emery, ochres, ferruginous clays, fossil gums, soapstone and whetstone, phosphates, chalk, sulphur, baryta, fluorspar, graphite, kaolin, soda and potash salts, 70,000 square meters.

For iron mines, two unit lode mining claims, or 120,000 square

meters (about 25 acres), but if grouped, up to 240,000 square meters (about 50 acres) may be taken.

For coal, oil, gas, asphalt and other combustibles, three unit lode claims, or 180,000 square meters (about 40 acres), but when grouped, up to 540,000 square meters (about 120 acres) are allowed.

The discovery of ore is not necessary in the case of a lode claim located upon the dip of a vein, where the outcrop is already located.

In the case of all mining claims located on alienated land, no surface rights exist. The claimant must arrange with the soil owner for what surface he needs. But the claimant has the right to demand the sale or lease of the surface to the extent of one unit lode claim, and on equitable terms.

All claims of all kinds must be registered within 30 days after the grant allowing them has been issued.

Metalliferous alluvials and gravels containing precious stones or any other desirable mineral (like monazite, for instance), abandoned mine dumps, slag piles and tailing beds, when on alienated land, cannot be located; but when existing on the public domain may be worked by anyone without permit or the necessity of filing claims, so long as the operations are of a primitive character, and do not involve the installation of machinery.

The procedure for acquiring title to mining claims is substantially the same for all kinds of claims, and may be summarized as follows:

The ground is first staked provisionally, a post being erected at each corner and at the discovery point. Within 100 days thereafter the discoverer or his legal representative must present himself at the office of the nearest chief local authority and fill out a written application in duplicate for the ground. This document must contain a very clear statement as to the situation of the claim, its area, the name and legal residence of the owner of the land on which it lies (if it is not on the public domain), the names of neighboring mines and their owners, and, of course, his own name and those of his partners if he has any. A sample of