Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1898-01-01
rHRGUsSON'S MINING LAW.
The Dangers and Defects OF HIS Bill
Bril- ny Stated.

Briefly Stated.
Editors Citizen.
The explanation Of our worthy dele
gate 10 congress as 10 what Is cOmpre-
hended by his bill 10 authorize the ex-
ploretiOn and purchase Of mines within
the boundaries Of private land claims.
seems to be- unsatisfactory and disap-
pointing.
The bill as reported In the Democrats
issue OF the 22d inst. does not make any
distinction such rs Is eomprehended In
the explanation above referred 10; NOT.
In the opinion OF many OF our eohsiitu-
tional lawyers. can n such distinction
be lawfully made. The latter contend
that inasmueh ~ Spain. and Afterwards
Mexico, invariably reserved ali minerAi
In New Mexico A. crow and gwen
ment sources Of revenue. go graBts en-
%anatlng from those sources can h. en-
sidered as other than agricultural lsndS
and held under like eonditiooa h
treaty OF Gaudaloupe BidAleo prusit@
for the recognition only q spanish al
Mexican grants by the United Stale 10
accordance with the meaning and ihtsuf
Of. and Ia conformity with. ths eKprs-
sions OF the grant.
IL occurs 10 the writer that Whatevef
action congress has taken In giving Tat-
ents, whether with or without mineral. II
had no authority TO interfere In ths
premises a to decide through its land
court as TO the legality Of the title.
II will be urged, without doubt, BY
those who. like st. Paul, assert that 'ths
laws that be are ordained Of God" that
the supreme court has settled the right
Of authority over all the mineral re
sources OF the country regardless
OF individual rights; out II will be re
membered that judicial decisions are moi
always permanent, nor do they always
conserve the public veal or embody th,
! true essence Of justice; vide bred Scott
decision. greenback issue, income tax
Mariposa land grant, and many decisions
the constitutionality Of which is gravel,
questioned TO this day.
The land court was established only Il
enable bona Ode claimants to prove title
and TO prevent frauds upon the govern.
! ment.
The latter has no more claim upon q
valid Mexican or Spanish land grant In
this territory than II has upon the broad
acres Of Texas, for 1t never owned or pos
b sessed them.
A very grave question arises whicl
= will CONF licate the carrying out OF thu
i provisions OF the contemplated bill. Car
congress claim the control and right o
arbitrary disposal OF valid Spanish o.
Mexican land grants, when such IN &C
contemplates the wholesale impairmen
OF the property rights Of private indiyid
Uals obtained through original and yalit
grants, which were by solemn treat!
guaranteed by our government in tn
treaty above referred tor
q This is a question Of great moment II
the proper adjustment OF land titles an,
3 the rights Of proper.
Any action however popular durinI
the present unrest, occasioned by pre-
vailing differences Of opinion regarding
the production and distribution 0
wealth, that comprehends a disregard 70
vested property rights, should be deprt
Gated, fer 1t only serves to widen tn
chAsm between capital and labor, whic
all are agreed are mutually dependen
upon each other. A. W. HARRIS.