Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1897-05-11
epecfaI Notice.
TUESDAY EVENING, MAY II, 1857.


Az Ot
The following timely editorial fr m
the Denver Republican is Reproduced
in full for the meaty information it con-
tains:
The land grant court was organized for
the purpose OF determining the validity OF
Mex can and Spanish land grants Ia the
territory acquired from Mexico. 1t has
done we'll in reserving TO the government
all mineral contained within the limits OF
such a grant, although title to the surface
may be confirmed In the grantee or per-
sons holding under him.
When these grants were made the min
oral was reserved to the government or
the crown. 1t did not pass to the grantee.
The United States recognizes all grants
that were valid at the time the country
was acquired from Mexico. Persons hold
ing under a valid grant are entitled to
everything to which the grantee
was en- titled. But they rave no right to
anything more. They have no right to
claim minerals if he had no right to claim
them.
There is no kind of process by which
such a grantee has become entitled under
the United States to the mineral found
within the limits of a grant il he could
have claimed no such title under the Mex
lean or Spanish governments. No injus-
tice is lone by prohibiting him from ex-
tracing the mineral, for the simple reason
that it does not belong to him. Grantees
may make complaint at a ruling which
prohibits their taking away gold or silver
found beneath the surface of their grants,
but when they do so thcy assert a baseiess
claim.
1t is true that if the grantee cannot ex-
tract the mineral found on his grant,
neither can any one else. In the present
state of the law the effect Of this is to pro-
hibit mining within the limits OF a grant
except in two or three cases like the Max
we'll grant, where title to the mineral was
confirmed in the owners of the grant by
congress. Mining is prohibited for the
reason that the law pertaining to mining
locations spplies only to public land. A
mining claim cannot be located on private
land. 1t must be located on the public
domain. Before mining within the limits
of a grant can be permitted, a law must be
enacted applying the mining laws to such
grants.
There has been talk about enacting such
a law, but nothing has thus far come of 1t.
1t should authorize anyone to enter upon a
grant for the purpose Of prospecting. II ii
be said that this would be an invasion of
private right, the answer is that the owner
of the surface would be compensated by the
fact that the law which permitted people
in general to prospect within the Units of
the graft would permit him to acquire by
the same means title to mineral which he
might find. In the event of the location of
a mining claim, the locator should have a
right to institute condemnation proceed
ings to acquire title to SO much of the sur
face as he might need for mining purposes,
IL the holder Of the grant refused to dispose
of that much of the surface at a reasonable
price.
An ample solution of the existing COM
plications would be provided'in this way.
Congress should enact some such a law so
to facilitate mifing within the limits of
land grants, especially in Territories like
New Mexico and Arizona, where they con-
fict to some extent with the mineral de-
velopment of the country.