Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1897-05-12
MINERALS ON LAND GRANTS,

The land grant court was organized
for the purpose of determining the valid
ity of Mexican and Spanish land grants
in the territory acquired from Mexico,
says the Denver Republican. 1t has done
we'll in reserving to the government all
minerals contained within the limits of
such 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
eral was reserved to the government or
the crown. 1t did not pass to the grantee
The United States recognizes all grants
that we're valid at the time the country
was acquired from Mexico. Persons
holding under valid grant are entitled
to everything to which the original gran
tee was entitled. But they have 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 grantee has become entitled under
the United States to the mineral found
within the limits of a grant if he could
have claimed no such title under the Mex
lean or Spanish governments. No injus-
tice is done by prohibiting him from ex-
tracing the mineral, for the simple
reason that it does not belong to him.
Grantees may make complaint at rul-
ing which prohibits their taking away gold
and silver found beneath the surface Of
their grants, but when they do so they
assert baseless 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
prohibit mining within the limits of a
grant-except in two or three cases like
the Maxwell grant, where title to the min.
eral was confirmed in the owners of the
grant by congress. Mining is prohibited
for the reason that the law pertaining to
mining locations applies only to public
land. A mining claim cannot be located
on private land. It must be located on
the public domain. Before mining within
the limits of grant can be permitted, a
law must be enacted applying the mining
laws to such grants.
There has been talk about enaoting such
law, but nothing has thus far come of it..
1t should authorize anyone to enter upon
grant for the purpose of prospecting.
If it be said that this would be an invasion
of private right, the answer is that the
owner of the surface would be compen-
stated by the fact that the law which per-
mitted people in general to prospect
within the limits of the grant would per-
NIT 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 right to
institute condemnation proceedings to
acquire title to 30 much of the surface as
he might need for mining purposes, If 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 law 90
as to facilitate mining 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.