Arizona citizen., 1879-10-18

soon as the mines are abandoned the property 70 return 10 the National Do main whether because the mineral ! gave out or for other cause. And in View Oi the reasons herein exposed, the President Oi the Republic declares as general principle that in as much as the law does not prohibit foreigners from taking up mines in any of the States of the Republic, when they take up mine in lronleir Stale, and should acquire likewise any mine, they shall also have the right 10 take such lands as may be necessary to have water and pasture for their animals, Tn compliance to. what k provided by the Mining Laws. Which, by superior order, l h we the homer to communi- cate To you for Your instruction and guidance in the premises. God and i Liberty. YGEEsIAs.
 ' San Louis, POtoSi, Dccem Der 4, iSj3.
 To the Governor of the State oi So nora"
 Alter read ng the above official orin- ion, there can be no quihble, in our Judgment, aS 10 the right inlerpre d. ton of Art. 21 oi the law Oi 1856. If the mines had been included in tine prohihition, the Government of the Repubir adm nistered at that time by some of the most distinguished jurists ui the nation, would have undOubted- ly inclu led the limitation in the above official opinion aS within purview of the law. But far from il, it decided as general principle, that since the law does not prohibit foreigners taking up mines in any State of the Republic, when they should take up mine in frontier State, they should otherwise acquire ihe possession of mine, etc" IL Is worthy ol notice that neither did the petitioner, Jimenes, think of mentioning the place where the mines were located, whence the question arose, nor did the Sta C Governor dwell upon Le circumstance in his communication to the General Government, nor did this last one in recurring his official opinion take utO account this point, not considering that II cut any figure in the controversy Lit might be that those mines were within the zone which now they are endeavOrIng 10 keep unexplored, for such k the real meaning of prohibit ing the employment of foreign eapi- tal in their development.
 A citizen of SJEora, as We are, we can state without danger of contradic- lion, that the practice has been in per feet concert with the official consiruc- ton, until the closing period of the Government Of Mariscal, which, with. out making any explanations, rejected ever! application made b, foreigners for taking mp mines within the twenty leagues zone next tO the boundary line. To the Government of Mariscal sue ceeded that Of Serna, and this did not follow the road of its predecessor, but recOnstructing the law, dealt crushing blow 10 the mining industry in the frontier district Of inc neighboringI State, which expected the near devel- opments of great riches in their mines, in connection with the mining enter prise that is so rapidly developing in this Territory.
 The Government of the State of So nora therefore, in our humble opin- ion, has made gray, mistake tn un-l dertake the eNpounding of the law of February l, 1856, on it's own respOnsi-' bility; nol only because the construc- ton is wrong, but because it has no le- gal DO CT 10 do so.
 CARLOS I. NELAsCO.