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1 American Law Relating to Minerals 1906

handle is hein.beal/acnlwrgml0001 and id is 1 raw text is: 


[Reprinted from THE SCHOOL OF MINE.S QUARTERLY, V01. XXVII., Nov., 19o5, No. x.]


   THE AMERICAN LAW RELATING TO MINERALS.

            By CHARLES H. SHAMEL, M.S., L.L.B., A. M.

   The extraordinary industrial expansion of. the past century has
resulted in the creation o numerous branches of the law such as
railroad law, the law of the electricity and electric wires, of medical
jurisprudence, of legal chemistry, etc., directly connected with in-
dustrial and scientific development. Being one of the most impor-
tant divisions of industrial activity and involving many peculiar
conditions, there has naturally developed along with these other
branches of law, a system of mining law. Owing to its vast and
varied mineral resources, the peculiar early social and political con-
ditions of parts of its territory, and its dual system of government,
this development of mining law has been greater in the United
States than in any other nation.
   Now mining deals as an art with the same natural objects with
which geology deals as a science so that, as we might reasonably
expect, a considerable part of mining law directly involves geolog-
ical facts and principles. But in the United States, owing to
the fact that in the most important part of our mining legislation,
geological terms are used in defining legal rights and that certain
geological conceptions have formed the basis of parts of the law,
there exist, unique and important applications of the science of
geology to practical jurisprudence, and in mining litigation geolo-
gists are called upon for assistance as experts just as experts in
medicine, chemistry and electricity are summoned in criminal and
industrial litigation. I shall attempt, therefore, an exposition of that


VOL. XXVII. -I

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