Southwest-sentinel. [volume] (Silver City, N.M.) 1883-189?, 1894-11-06

forcible and entirely consistent
with the interests Of his constitu-
ents rs that Of a delegate could
possibly be2
Would not any attempt to do
more only have a harmful effect,
and render his efforts with mem
bers more difficult on such highly
important matters as the follow
ing2
Land grants have been the con-
tinual and immovable barrier to
the development and progress Of
New Mexico ever since it has been
a Territory Of the United States.
The land court is clearing up the
titles and putting these grants,
nearly 300 Of them, in shape SO
that capital can be induced to take
them up for development, or that
they can be broken up and good
titles given to the settlers. But
in all the DEGREES of confirmation
given by the land court, tho min
eral is expressly reserved to the
United States. This does not,
however, help the mining interests
of the Territory. The mineral
on these grants is within the lin
it's of private property and the
prospector can not enter without
committing trespass.
Delegate Joseph took hold Of
this situation at once. He
promptly introduced the following
bill in the house;
Sec. l. That hereafter all valuable
mineral deposits on lands not cultivated
or improved, embraced within any land
claim confirmed by decree by the Court
Of Private Land Claims, or as to which
4 suit for confirmation shall be pending
in said court, are hereby decreed to be
FREQ and open to exploration and pur-
chase by citizens of the United States,
and those who have declared their inten-
ton to become such, under the mining
laws Of the United States,
Sec. 2. That any person qualified tc
acquire title to such mineral deposits
under the provisions OF this net shall
have the right to enter in upon the
lands, il not cultivated or improved, en-
braced within such private land claims
for the purpose Of exploring and pros
pocting the same for such mineral de
posits and posting notices and marking
the boundaries Of any mineral clam t
which he may seek to acquire title
and shall only DO liable to the owner OF
owners Of such land for actual damage
thereby done to the same.
Sec. 3. That the locators Of sucl
mineral lands shall, within three month";
after posting a notice OF location on tn,
same and marking the boundaries there
Of on the ground, take steps to acquir,
the lawful right TO use the surfac,
ground embraced within the limits o
such claim, and they are hereby author
lied to acquire the same by condemna
ton under judicial process: Provided
That before beginning such proceeding
OF condemnation the locators shall ten
der to the owner Of the land in which
such mineral claim is located the sum o
two dollars and fifty cents an acre
for his interest in the land embrac.
ed within the limits OF such minera
claim, and the receipt OF such sum b,
the owner Of the land shall authoriz,
the immediate entry Of the locators upoI
, such land.
Sec. 4. That the United States cir
cult courts or district courts Of the dis
trIct and the Territorial courts Of any
Territory wherein such land is LOCATED
shall have jurisdiction Of the proceed
ings for such condemnation.
Sec. 5. That the practice, pleadin,
and mode Of proceedings in cases arising
under the provisions Of this act shall
conform as near as may be to the prac
tice, forms and proceedings existing a
the time in like causes for the condemna
tion Of land for railroad purposes ia the
courts OF record in the state OF territor,
within which such circuit or district o
Territorial courts are held, any rule o
the court or local law to the contrar,
r Notwithstanding.
This bill encountered much op
position in the committee oil
mines and mining from member
of congress and others, who ar,
interested in these grants. Dele
gate Joseph sought the aid of tn,
interior department in overcom
ing this opposition, and Secretary
Smith, at his earnest solicitation
made the following strong recon
! mendatiOn for the passage of tn.
bill:
"By Section 10 Of an act Of congress- T.
establish a court Of private land claim
t and to provide for the settlement Q
r private land claims In certain states an
D territories, approved March 3, 1891 q
i, Stat, s54), IL is provided that
mo allowance or confirmation OF m
claim shall confer any right or title
r any gold, silver or quicksilver mines, q