Mining law history discussed
From our weekly issue dated June 02, 2010
Panelists (from left) Hal Anthony, Joel King, Jack Swift and Ron Gibson shared information about the history of mining law in the United States. (Photo by Scott Jorgensen, IVN)
Proposed reforms to long-standing mining laws were the main topic during a Tuesday, May 25 town hall meeting at Anne G. Basker Auditorium in Grants Pass.
More than 50 people attended the forum. It featured panelists Ron Gibson and Hal Anthony from the Southwest Oregon Mining Association, Jack Swift from the Southern Oregon Resource Alliance, and Joel King, recently retired from the U.S. Forest Service (USFS) as head ranger for the Wild Rivers District.
Gibson, who said that he has studied mining and constitutional law for around 43 years, gave a history of how such laws have evolved in the United States.
The California gold rush of 1849 prompted a “nationwide migration“ of people heading west in search of opportunity, Gibson said.
“There was a whole lot of chaos that went on,“ he said, adding that many acts of violence resulted, including shootings and stabbings.
Part of the problem, Gibson said, was the lack of any clear records of mining claim ownership. In response, people began forming mining districts, Gibson said. Some, like the Waldo Mining District based in Illinois Valley, still exist.
Gibson said that such districts were formed to prevent “unlawful infringement,“ and had their own judges, courts and law enforcement.
“They were actually governments,“ Gibson said.
In 1866, he noted, the federal government first became involved in trying to regulate mining activity.
“They had no idea what to do and had no idea how to do it,“ he said.
Congress made a grant in 1866, which gave citizens the right to stake a claim on public land and get a patent, Gibson said. That provided a “tremendous incentive“ for people to work hard and extract minerals, he added.
While USFS and Bureau of Land Management are charged with administering public land, Gibson said, the land “belongs to all of you.“
“This is not “federal land.“ It“s public land,“ he commented.
King said that he has seen people, the environment and miners get hurt during the past few years in disputes regarding mining laws. He said that such disputes should be settled by the courts.
“No one is above the law,“ King said.
Swift stated that property rights in America are under attack from every direction. He said that there is a “great conflict“ between those who want to put such rights in a “collective basket“ and those who want to use resources for individual opportunity.
The U.S. Supreme Court always has ruled that property is a “fundamental right of every human being,“ Swift said, but that is “being taken away from us every day.“
“This nation is sitting on a continent of resources,“ he observed. “We are not producing new wealth, and we need to do it.“
Anthony said that there is a lack of “competence“ regarding mining laws because of their “unique nature.“
Gibson stated that miners must do their part to ensure that any conflicts regarding mining on public land are handled in a civil manner.
“We need to be good neighbors,“ he said. “And we need to be responsible.“
King echoed that sentiment, adding that members of the community should work together and treat each other with respect.
We want to hear from you!
Add your thoughts with the link below.
Comments returning soon!
Advertisement:
