Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-09-05

possession of the mine and a teStimon1o
Of the proceedings as evidence of his
title.
IF these provisions remained in force
and governed the name of obtaining
title to a mine at the date Of the pro-
ceedings involved in this case, it follows
that the action of the alcalde was of no
validity, and possessed no right in the
property. 1t is claimed, however, that
by a decree of the Mexican congress OF
May 26, 1926, this tribunal, known as the
district or territorial mining deputa-
ton, was abolished, and that it's powers
passed by operation of law to the trib-
unals of ordinary jurisdiction, which in
New Mexico were the alcaldes.
1.-THE language of the decree of the
Mexican congress of May 20, 1926, is as
follows:
"'Article 1. The tribunal general of
mining must. cease, according to the
general constitution, in so far as it re-
lates to the administration of justice
with which it is charged.
"'Article 2. 1t will also cease in so
far as relates to the executive, econom-
ical and administrative attributes,
which were assigned to it by it's institu-
ton and laws
"a careful examination of the decree
fails to disclose any mention whatever
of the district or territorial mining dep
utationsL
referring to the ordinance of May %,
1888, we find that by article 1, title /,
there is created a tribunal styled The
Royal Tribunal General of the Impor-
tant Body of the Mining Of New SPAIN
by article 2 it was provided that this
tribunal should be composed of an ad-
ministrator general, a director general
Ind at least two deputies general.
1.-The members of this royal tribunal
were to be chosen by a general junta
composed of representatives of the va
rious mining districts, towns and cities
Of Mexico.
little 2 of the ordinance provided for
the creation of a mining deputation in
each mining district or town, to be COM
posed Of two deputies who should be
miners, and who should be chosen by
the enrolled miners, and the suppliers,
millers and owners of smelters in the
district or town.
by title 3 it was provided that the
royal tribunal general of mining should
have control of all matters pertaining
to the body of mining in Mexico which
related to administration, direction and
management, and that it should have
jurisdiction in all contentious matters
within the district of twenty-five miles
provided that the mining Populations in
their respective districts should have
exclusive jurisdiction of all contentious
matters in their districts, wholly indie
pendent of the royal tribunal general,
but that in matters of administration,
direction and management it should be
subordinate to the royal tribunal.
1--WE have gone thus far into detail to
bring out what clearly appears from the
ordinance, the fact that the royal trib-
unal general and the mining deputa-
tons were entirely separate and dis
tinct official bodies. The mining depu-
tation derived it's creation and all it's
powers from the ordinance itself, and
none of them from the royal tribunal.
The existence of the mining deputation
was not made to depend on the exist
ence of the royal tribunal of mining,
and the extinction of the royal tribunal
could have no necessary effect upon the
life of the mining deputation, nor upon
the powers and duties confided to the
deputies thereof.
1.-THE decree of May 20, 1926, specifies
the royal tribunal of mining as the Off
cial body which is thereby extinguished,
and our conclusion is that the mining
deputations were in nowise affected by
that decree.
1T will be observed that the supreme
court in the Castillero case e Black,
1881 states that by the provisions of the
decree of May 20, 1926, the royal tribun-
al of mining was deprived of it's pow
ers. 1t does not say that the mining
deputation was deprived of it's powers,
or that any duty or power was with
drawn from the deputies. In u opin-
ion, therefore, all the provisions of the
of 1888 in relation to obtain
ing title to a mine were in force at the
time of the proceedings set up in this
case.
THAT the registry of the mine should
have been made before the nearest min
ing deputation, and that the adjudica-
ton of the mine could only have been
made by a mining deputy. The policy
If Spain and Mexico is clearly apparent
all the laws relative to mining;
which was, that the whole subject of
the disposition of mining lands and the
management of the interests of the gov
eminent in the mining industry Of the
country was withdrawn from the ordi-
nary tribunals and official bodies of the
and placed under the control
If tribunals composed exclusively of ex-
.perienced miners, and that every act af-
the granting Of a mine to indi-
viduals should be performed by an ex-
oerienced miner.
1T follows that in our opinion the
proceedings of the alcalde in making
he grant in this case were without au-
and void, and therefore confer
ed no right upon the grantees which
NO a aopArvp