Arizona citizen., 1879-02-22
[Continued from First Page. ] PRIVATE LAID cLAIMS.
Discussion iH SeHate on P1Ssage Of District Court BiH-The MiHerai land
 Feature.

solely upon the ground that the claim
 anis nave found or eXpecJ tO find with | m their area mines of the precious
 metals. Now if lou say in advance ] that every man who by any kind ol
 testimony can get graul of land con- firmed, not because lhe United SlaIes
 gIves il to him but because he got it from Mexlco or Spain, then you mere
 ly offer a premium upon fabricated evidence, as It appears 60 us.
 Mr. Plumb. l should like to ask
 the Senator from Vermont question
 l ask that if in regard to the grants
 which have heretofore passed through
 the hands of his committee and been
 lavOrably reported to the Senate. and
 been confirmed by the Senate, thase bills included an exception of IhIs
 kInd?
 Mr Edmunds. 1 do not know wheth-
 CT they did or not; assume that they
 did not; but If anybody will read the
 history of private land claims that
 have been confirmed by Congress- one
 by one, and see the enormous frauds
 that have been p-rpeualed, he will be
 glad hat lhe committee has endeav-
 O-ed tu put up as many bars as posSi
 ble against the temptation of similar
 frauds he future.
 Mr Plumb. 1 have little doubt that d great many frauds have been com mitted in regard to mining claims un der Spanish and Mexican grants; but It would seem that ihe diligence of the committee has come in at tnlera- bly late period on this question, ani that at all events @ very important. exception Is now sought 10 be created Tn favor oi the Government OF against the holders of grants which may have heretofore not been confirmed but which may be confirmed or brought up for confirmation under this act Iti seems to me that the question is essen. tally judicial question as to what the rights of these parties are. The of the United States, as we'll sad by the Senator from Colo radO, has no interest in these lauds | this is only Q method of determining as to what the rights of the parties were undsr the nriuinal nranfs. and nnrv Ci ngresS IS assuming, or will assume | If 1t passes this bill, to say legislatively what the proper construction of the treaty was under which these parties make claim. IL seems to me, with all due deference to the Senator from Yer mont, that that is 8 very unwise eXer- else of the legislative power, and that that ought to be left to the courts.
 NIT. Edmunds My honorable friend will see that we say in express terms that this shall not carry the precious metals unless the grant claimed under provided for and effected the donation or sale of such miues." If il did, they go
 Mr. Plumb. If he Senator would leave out the words which immediate y precede those he has quoted, or in ''ead of saying provided for and ef- ecied Do: in disiunctive but in con unclive, would say provided for or g I should be content. Ofii ,Ourse if there is any effect to be given o that language The words provided or" must have some very different ef cct from the words "and effected" ." The word effected used as it seems ( O pul a legisla i've construction on the grant and 10 provide for something different from what the court would bass upon if ij were not for the legls- ation 1 think myself 1t would be much better if this entire subdivision J we're lett out. (
 The Vice President. The morning j iOur has expired. Is there any objec- c ions that thls bill be further cons der { d? The Chair hears noLe. a
 Mir. Plumb. l desire tO say further, Io n enlargement to some extent of whal s as been said by lhe Senator from Cal |, fornia, that the principle here, seems s D me, IS different from that which the !. Government applies to lands actually ' mineral but n0minally agricultural LS was said by the Senator from Cali prnia, if a party enters piece of land h 8 agricultural land the decision upon h lat point by ihe land officer who takes if le application that it was agricultural b ind-not direct decision thai il was b griculIural land, but a decision re- c Illing from jhe fact that he is permit " d to enter 1t as agricul urai land-iir perates 10 pass not merely the land self but all the minerals, and the lb>eQuent discovery Of minerals does nt oust his litle. That question, or Il he that is exactly related 10 il, wa> 5; -cided Tn 1877 by the Interior Depart q ent in case that came up from the ;, late of a,it"rnia, which arose upon
 claim Of certain parties to school e' nds in that State on he ground thai la icy were mineral The Interior De pi irlment held that the fact that they al ld been segregated by tine act as agri-' 2, lltufal lands was Of itself conclusive. ld the title would not be divesled le ereufier by the discovery of mineral
 setting up of mineral claims to any )riiOn of them.
 It seems to me, therefore, that, as the 'natnr from California sad in lhe in te rest of peace his shoult not be. be- ,,, use this is a continuing incumbrance ." l these lands. If ai any time within te le year or within a hundred years m neral may be discovered, that of it fir If operates to oust the tlile to that T, tent. It would be considered as NN ,ense to pass on these lands 10 seek e r mineral, and would in every way crate 10 permit and encourage tres sS on the lands, an 10 that extent n,
 least would be against the interest ~ V
 peace within the Territories, and tt 'Uld defeat . some extent all lhc de