El Paso daily herald. (El Paso, Tex.) 1881-1901, 1901-02-12
DECISION MADE
BY ACTING ATTORNEY GEN
ERAL ON MINERAL LANDS
The Matter is One of Interest to Every
Man Who Has Entered Public Land
in this State or Intends to Enter.

Hon. Robert A. John. acting attor-
ney-general, has sent to Governor Say
ers an exhaustive request made by the
governor on January 81:
Il have to request that you at once
enter upon an examination of existing
law respecting the sale of lands belong
ing to the state. or to the common free
school fund. or to any of the institu-
lions of this state. and advise me
whether or not the law reserves to the
state or to the free school fund, or to
the institutions. all minerals. clays,
oils and other deposits on lands that
may have been sold either as grazing
or agricultural lands"
! After reviewing the laws of Spain
and Mexico and the republic of Texas
on the question. and citing numerous
authorities. Mr.. John renders his opin-
ion. concluding:
: l. That mines and minerals, which
would include not only metallic sub
stances but petroleum oil. were reServ-
ed from the sale of public free schools,
university. agricultural and mechanical
college and asylum lands, and that
these funds now own the mines and
minerals existing or yet to be diScov-
cred on all lands sold since April IA,
1888, and up to March %. 1889.
Mines and minerals, as above in
Dictated. in all public school. universe
ty. asylum and other public lands.
which were classed under the act of
1889 as mineral lands, that were sold
under section Is of that act by virtue of
the Reconsideration action provided for
in section Is as non-mineral lands, the
minerals on said lands which have been
discovered or which may Srbse-
quently be discovered, are still re-
served from said sale and belong to
either the state or to the respective
fund to which the land has been leg
ally set aside.
Your attention, however, is called
to the fact that there is no adequate
law in existence providing how these
funds may enjoy these reserved rights,
Should it be deemed good policy to as
sert the title reserved. an act should
be passed granting to the state an
easement to go upon the land for the
purpose of full enjoyment of the rights
reserved and for the necessary use of
the SuperficeS, timber and water in
order that the said right may be prop |
erly utilized, providing further a meth |
cd of how the same may be condemned, |
and also how the same may be i
prospected for and mined.
''3. That all lands sold since March /
%. 1889. under the classification of agri-
cultural, grazing or timbered lands, |
upon which minerals have been dis |
covered or upon which minerals may
hereafter be discovered, the title of the |
upon the same is vested in |
the purchaser or his assigns, without |
any reservation upon the part of the
state. 1t is assumed that these public I
lands have been properly classified and
that the geological and neurological
surveys have been fully accomplished,
as we have right to assume that all |
public agencies have performed the du-
ties incumbent upon them.
LAS a matter of policy in reference
to lands yet to be sold of the fifteen
or twenty million acres yet unsold be-
longing to said funds, l take the liberty
of suggesting that such legislation be
as will see that the lands
that are mineral in their nature are |,
classified, to the end that
these funds may obtain the advantage
Of the increased price which such
lands will bring upon the market.
"A. The reservation of minerals as
above described includes in the gener-
al term minerals any substances
which can be gotten from beneath the
surface for the purpose of profit, not
limited to metallic substances, and in
other words, petroleum oil, Goals and
other deposits that come within that
lefinition.'