The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-09

TINE GARDINER CASE.
CRIMINAL COURT FOR THE DISTRICT OF
COLUMBIA.
[RsPoarsD roa The RnPusLIcl

TWENTY-THlRD DAY-IxxssdAy, april 7.
Cross essssisatisa q Axexstae Agsilisr eo"t'"~ed
MIR BRADLay. will ssk the translator to trans
late the decree on pages as7, 8, g. OF the mining
ordinances.
The translation was accordingly read from
lst Rockvell's Spanish and Mexican laws
Quss Iundersta nd the witness to say that this
10 the article which establishes the mode Of de-
nooncing mines, and which ADOPTS the 4th arti-
Gle of the 9th title ia that respect!
Ans. That is an error; he has not stated that
this is the article He has stated the Path and Goth
articles of this law.
Oues Does he know that these articles-the oath
and 26tb--are those establishing the tribunals or
mode in which mines should be denounced?
Ans These two articfes are those to which he
referred as establishing de neco the mining tri.
oath article, the government Of the department of
San LUIS Potosi in connexion with the depart
mental council-the decree which he was called
upon to examine yesterday or the day before yes
terday-that 1t decides before what tribunal de-
nouncements are to be made, that there 10 no
doubt OF 1t, since they even declare in vigor the
4th and 9th titles Of the mining ordinances, which
peaks of the forms of announcements of posses
sions, &C.
Cues. Does he not know that the several States
OF Mexico, and particularly the State Of San LUIS
fotosi, have legislated upon the subject of mines
independently of the laws DEGREES Of the gene
raj government to which he has referred?
Ans. He does not know whether the States have
issued any special law or not in respect to mining
business.
Cues. Has not the State of San Luis Potosi pass
ed laws, while 1t was one of the departments of
Mexico, or since it q separate State, providing
tor the mode OF denouncing mines in places remote
from the mining tribunals?
dns. When San Luis Potosi was department.
1t evidently did not legislate, because it had no
faculty tor that purpose. Since it became State.
II ID evident that it did net iegislate upon this
point, because he knows positively snat up to the
year $780, when he was in San Luis Potosi this law
of the I'd of December, 1912, was in existence, and
also the mining ordinances, especially in regard
20 announcement OF mines, &c. &C. He also be
has not issued any law modifying this law in re.
gard to announcements.
The CeURr. / should like to know, as a matter
OF curiosity, how this federation took place during
the war!
Mr.. MAY. l dare say the witness can explain
that.
The CoURr. should have thought that at that
time they had quite enough to do to meet
Ans. he is certain that the change from the de-
partmehtal to a State government was made dur
ing the year 1916. He is absolutely certain that
the change took place on the 9th of August, 1916,
in Mexico, and then in San Luis Potosi on the 9th
or 10th Of August, of the came year.
CUES. Docs he not know that the present State
OF San Luis Potosi has always, since the expulsion
of the SPaniards. claimed the right to legisate in
regard to the mines within it's territory although
the mineral products were admitted to be the pro-
perty of the general government?
.dns. He is ignorant whether after the expulsion
then State of San Luis Potos may have claimed
this right bot that of which he is certain, 10 that
since the year 1886 up to the year l846, at which
period San Luis Potos was department, it did not
make, nor could it make, any claim to egislate
in respect to mining or anything else, because in
all these ten years there was not xed nor
vas there any other legislative POI than that
which was deposited in the general Congress of
Mexico. with the exception OF the time between
al and '43, in which the provisional administra-
ton governed, which was called the "basis of Ia
cubaya.' at which period the President of the Re-
public had absolute power.
Cues. Ask him to look at the paper called ssthe
mining title and then ask him whether that is
mere announcement of mine, mere record
or memorandum existing in the Office of the pre-
lecture, that a mine has been denounced? Whe-
Their il represents the announcement of mine or
mere note that mine has been denounced?
-dns This paper pretends TO be copy of de-
nouncement of a mine, such as is found noted in
book, which 1t Is said was kept for that purpose;
that H. for the purpose of registering mines in the
prefecture of Rio Verde. He says that if notice is
taken of the hsading of the document of the regis
try, there is found On the fifteenth leaf note or
entry which reads follows: Witness here read
the page referred to.
Mr.. CARLISLE. 1t is copy of an entry.
The Translator. The witness called your atten-
ton to this to prove that this pretended TO be
copy of a announcement.
Mr.. BRADLEY. Ask the witness whether that is
an application for announcement of a mine,
record that announcement has been made?
the taking account. or entry, or register tina,
has been made in book of the announcement of
mine,
Puss. The question is, whether this is de.
nouncement OF mine, the record of a fact that
a mine has been denounced?
Ans. He cannot give any other anwer to the
question than that which be has already given,
that this pretend5 10 be copy of q register, or
taking IA account of the announcement of mine
which is supposed to have been made, which re-
gster or account is found in the prefecture of Rio
Verde.
CUES He has said that the projects remit not
''informis ESQ UNDERSTOOD by statistical data the
forms of which he has manifested here, comparing
It with the documents given by the State Of San
Luis Potosi,
MIR. May. That is, with the pamphlet which
was produced the other day.
Ans. Yea. In respect to the second part of the
question: he Gays the paper that has been shown to
MIN does import more than the proof or manifesto
ton than can be found in the Office of a prefect
because in that office by means could there be
found notice, nor would it serve for any thing
that DR.. Gardiner had or had not denounced a
mine
Mr.. BRADLEY. Ask him if the fact of de-
nouncement would not form part of the statistics
of prefecture?
ans. By means. 1t is subject quite away
from the duties of project. 1t is quite out of his
jurisdiction.
CUES. Ifa man had established school in La
gulnlIas, would the sub project report that fact
to the project?
44ns. He would say generally to the project of
department there are many schools in this town
and 80 many in another.
Ques. That is not answer. If DR.. Gardiner
had established school in Laguinillas, would the
sub project make any note of it?
Ans Departing from the principle that like
notice would be out of the ordinary form, the pre-
feet who might receive it would preserve 1T in
order to take 1t into consideration in reporting to
the government.
Ques. Now if the sub project had notice that
DR.. Gardner had denounced a mine, what would
be done with such notice?
Ans. Nothing. An impertinent thing like that
would be put to one side under the statistical &C
counts.
CUES. Are there any forms prescribed by law in
which the reports OF the sub projects shall be made
to the prefscts?
Ans. There ia q law which speaks of plans.
Cues. Cannot each sub project keep Just such a
register OF statistics be chooses for the ma king
up OF his reports?
Ans. Leaving this matter to the pieasure of such
authorities would produce confusion, and that is
the reason why the forms which these plans a re
made are established a general thing
tues did not ask him "a to the forms in which
these reports are made by the project to the gov
eminent, but Of the forms of the subprefect to the
prefect-how such accounts are to be preserved?
1dns. He has airea3 said that there are various
provi ions which prescribe The forms in which the
statistical accounts shall be given. This uniform.
ity is the more necessary because many of the