Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1897-12-16
THURSDAY, DECEMBER Is.
THE FERGUSON BILL TO G0NFISCATe PRIVATE
LANDS AND UNSETTLE TITLES.

LANDS AND UNSETTLE TITLES.
While the above is not the title of the
bill introduced by our delegate, yet it
fittingly expresses its ject as stated in
the bill itself. We do not suppose its
author seriously contemplated It's ever
becoming law, but that it was intro
duced solely to show the "hardy prospec-
tor" what a true friend he has in our
delegate, and how little the delegate cares
for the rights of others. However, the
bill is introduced in congress and is be-
fore that body for consideration, and as
it more seriously affects New Mexico
than any of the other states or territories
named in the bill, we should examine it
carefully and point out it's injustice as
we'll as its illegality. The first section OF
the bill provides:
"That hereafter all mines or deposits OF
gold, silver, quicksilver or minerals of
the same, copper, lead, tin, anthony,
zinc, bsmuth and other valuable mineral
deposits. situated within the boundaries
of any land the title to which is derived
from the government of Spain or of Mex.
leo, by grant thereof made prior to the
conclusion of the treaties between the
United States and the Republic of Mexico,
on February 2, 184S, aud December 30,
1858, respectively, and now embraced
within the territories of New Mexico or
Arizona, or within the states of Utah,
do har
by declared to be free and open to ex-
ploratlon and purchase, and the lands on
which they are founo to occupation and
purchase, by citizens of the United States
and those who have declared their inten-
tion to become such, under the mining
laws of the United States and the provi-
sions Of this act"
It will be noticed that no reservations
are made in this section as to land grants
previously confirmed by act of congress,
of which there are about so in New Mex
leo with patents issued to the owners
without any reservation of minerals.
Some of these grants confirmed by con-
gress, Qike the Ortiz Mine grant in Santa
Fe county,) were distinctly mineral
grants made originally for the purpose
of conveying the mineral, and afterwards
confirmed by congress for that purpose
But Mr.. Fergusson's bill ignores all such
patents and acts of congress and throws
them open to the prospector, as it does
the pueblo and community grants, with
no reservation or exception whatever
upon the sole condition of the tender Of
81 so al acre for the mining claim; not
withstanding that the purchasers of many
of such grants have actually paid more
than double that amount for the whole
tract of land, as in the case of the Ortiz
Mine grant, Maxwell grant and the Je.
mez grant.
The act of congress establishing the
court of private land claims provided in
section - that "no allowance or confirmR-
tlon of any claim shall confer any right
or title to any gold, silver or quicksilver
mines or minerals of the same, unless the
grant claimed effected the donation OF
sale of such mine or minerals to the
grantee, or unless such grantee has be-
come otherwise entitled thereto in law OF
in equity; but all such mines and minerals
shall remain in the property Of the United
States With the right of working the same
which fact shall be stated in all patents
issued under this act. But no such mine
shall be worked on any property con
firmed under this act without the consent OF
the owner of such property until especially
authorized thereto by an act of congress
hereafter passed." This act only exempts
gold, silver or quicksilver mines, but
provides that they shall not be worked
until an act of congress shall authorize il
to be done. Mr.. Fergusson's bill does
not confine itself to mines of the precious
metals, but authorizes any person to 60
upon any lands derived from the govern
ment of Spain or Mexico whether con.
firmed by act OF congress or by the decis-
ion of the court of private land claims to
''explore" not only for the precious min
erals, but for copper, lead, tin, autimony,
zinc, bismuth and other valuable mineral
deposits. Under this latter head the land
department. at Washington and the Su-
preme court of the United States have
held that marble, coal, salt and petroleum
are included, aud under the Fer.
gusson bill it lie not necessary
that any of these articles should be
known to exist within the limits of the
grant, but foil permission is given to any
person to enter upon this land at any
time and under any circumstances to
"explore" for the same, and the only rem
edy the grant owner may have against
such person tor injury or damage done 10
civil action for the actual damage done.
The actual value of Judgment for such
damages against the average prospector
can be readily estimated. Section 8 Of
the act provides that after the explorer