Delta chief., 1884-02-20
Tho Right to Cordemn fer Mining Pur-
poses.

poses.
Denver Tribune.
The Albuquerque Journal published IN ar
ticle on the 18th, opposing the view Of Secre-
tary Ritch as to the right to condemn surface
ground upon discovery Of mineral deposits,
and holding that 1t would unsetue title to
property. 1t made application OF the proposed
policy especially to the land grants.
In a response to the Journal from the Secre-
tory, published on the 22nd, he elaborates the
idea little farther, denying that he made any
special reference to land grants. The editor
states in his comments that the courts have
held, contrary to the Mexican practice, that
the patent includes everything below as well
as upon the surface OF a grant. The claims to
grant property rest directly upon the treaty
stipulation, which requires the United States
to recognize private rights In property, as had
been granted by the Spanish Government.
All know that II was and is the established
policy of that government to accept all mining
rights In the grants of land. which have been
made uniformly for pastoral purposes. More
than that 1t never snrrendors ownership In
mines, but grants simply and only the right to
occupy and operate mines upon certain pre-
scribed conditions. We do not understand
that the courts Of this territory or country
haye adjudcated the case at all which viii
determine the status OF such property except
IL be TO confirm the action Of Congress, where
II has made specific grant OF the minerals and
everything contained on, In or above the sur
face as granted.
The shrewdness Of those who secured con-
hrmations OF grant titles led them 10 broaden
their claims, and the Indifference of Congress
enabled them TO get all they asked for There
may be question regarding these few grants
a. 10 the right of the government or people TO
consider them rs public lands. The United
States Government has exercised It's night to
add 10 these grants more than the Spanish
government had originally granted, and the
title has paced In good faith and mus, stand.
But In reference to uncontrmed grants We
think there can be no question. and IL would
seem that the prospector has now perfect
right, Just as be would have In Mexico, TO
prospect upon and TO work any mines which
he might discover on such lands.
The Journal proposes that Congress shhll re-
cognize any Just title which individuals may
have under the treaty stipulation and then
condemn and buy the same and throw II open
as public land. In this there j. n complete
qualification. Ii admits just the right which
Secretary Ritch contends for, the only differ
encc being that II includes the entire property,
surface and all. instead OF small portion
thereof II there is the right TO legislaie as .uy-
gcstcd. there certainly Il TO adopt the -uggcs-
tiOn OF Secretary Ritch.
Nor do we see where II will unsei,lc titles.
The condemnation for n right of way does not
disturb the title 10 surrounding property; nor
do we understand that the proposition IL TO
take the necessary surface ground without, Just
compensation.
II would simply permit the experienced pros
pector TO search Tor mineral deposits, the er-
istcnce OF which 10 not known, and having found
the same, To buy enough OF the surface ground
to enable the development Of the prospect or
mine. Such a discovery would no, be 'inJuri-
Gus to or dcprecia,e the value OF the surround
ing property.