New York Paper - Should the Apex Law be Now Repealed? (with Discussion)

I fear most of the Institute members are already weary of the perennial controversy about the apex law. I feel that way about it myself now, though I have been guilty of considerable contribution- to the discussion in the past. The discussion does not seem to perceptibly influence previously held views and I would not again break into print on the subject but for the urgent invitation of the Chairman of our Law Committee. This energetic and able member has firmly determined to secure a revision of the mining law and among other things to eliminate the so-called apex provision from the U. S. mining statutes. He is, however, fair about it and has invited me to make ((the strongest possible argument in its favor." I am suspicious that he is acting on the psychological principle that it is usually easier to convince an audience against a cause vigorously but unsuccessfully defended than against one wholly mute. Nevertheless, I realize that personally he wishes me no harm, much as he hates the apex law, and so am willing that the Institute have whatever benefit may accrue from my taking up again the unpopular side of the discussion. I say this because the attitude of a large part of our "articulate" membership seems irreconcilably hostile; their minds are made up; favorable consideration is foreclosed; and they become impatient and even sarcastic at any attempt to elucidate a favorable view of the apex law. The exact question for discussion at the present time is not whether on abstract, or any other considerations, the apex law is the best possible rule, but the very different proposition whether, after nearly 50 years of statutory life and much longer as a practically universal miners' custom, it is now just and expedient to repeal the apex law. At this point it seems to me that we may profitably devote a paragraph or two to the subject of the origin of law in general, as we are presumed to be considering the subject from the high viewpoint of the general welfare of the nation. The most comprehensive and accurate definition of law in the legal sense is, that it is the body of rules for the regulation of human conduct which is enforced by the State, that is, by the nation.l Legal