The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-06-04

Snnpl'I - or the laws passed al thp qnrne
Argument is unnecessary to show TIM,
CONSTRUCTION should I've adopted tbat wiii
sfNS erect To both acts. II possible Install
,,nar siii ihs one WIN the other. Not only
pon TINS principle. hut because ~ ~
Nnsnage OF the acts they are easii, ~,
coneliabic and IN their material nrnyist.
Mte entirely consistent The drst L pn'
l,,ieu An act 10 provide for tho snie ~
Al lands heretofore or hercufsor ,.,.ii
anu set apart for the hencnt Of no n,,IttMa
.hee schools and The several asyums. and
i,nas le",e 4l snch lands and all the public
I.nus OF the state. and the pateutlng ~
ahl part Of said lands for church csn,e'
irry or school house sites ana IN nrc,,,',,,
,iS Tree use, occupancy and unlawful In
,iuSutN or unlawful approximation of surh
idnds and to prescribe ana broviSa Ia
gMnte penalties therefor" Gen 1--we
lTlk page I'D II was continuance. win
fiilsmt csHahgeS u the methods aud reeula-
nous oi the law MS enacted Ia 1851 by m
act approved April OF that wear for ,hn
Uhssihcatlon, sale and lease of ali the nnb
n ne d ,i.iius. " = unnecessary to point out
ciasslncation OF such lands by the com, !. J.
sl9ner 81 tue general land office. aud Hne
safe and the lease OF the same hy him an
prices and under regulations nrescril,cd hr
him. 1t eyinced no Intention 10 lienert from
put on the contrary solemnlv renewed the
purpose TO continue the policy OF enco.rnr 4
Ing me deEeiopment OF agricultural tnds
Dy the sale thereof to actual se,tler% and
the encouragement o. the stock raisin, IN
tcrests by the opening and LEASING or mas
ture lands; and the Development OK the
in ana other industrial Interests nv
lne sue OF the timber lands. ana nj the
same time Increase the resources for .hp
Sulport nhu maintenance nf thc puhlr
SrTTbbol university and several asylum>
me other act Is entitled AN act to bet.
Ter and more fully promote the dcyelop.
lnent Of the mining rcsoar,cs or Texas.
ana TO- repeal all laws IN conflict with the
provisions Of this act tGeuernl Laws
10 and f.,U
except Insofar MS II re-enactpd the mining
lrt Of 1852 teen. Laws 1883 page i1Gl ana
re latter In turn superseded and repealed
ne mining act of An1i 49, 1883 Gen Laws
1883. pngp l0W. We maintain that If was
'"i intended TO withdraw from sale or add
nGW conditions to the sale OF the lands
Whlrh were expressly authorized to he sold
ne we nave seen hy the other act passed
NJ the same session. One relatcd to the
safe OF agricultural, pasture aud timhcrpd
lands. and was complete IN itself II prt.
srrthed the method and elaborate rcrula
lions Tor the classification of such lands
ana Tor the snle thereof 10y the commits.
Soner " the general land office. II was
intended To apply 10 the great body of the
state where lands were known 10 hc vain
;blc m,y for agriculture, pasturage or tim
her; and established the general rule
The oihec was passed in recognition OF
the fact that In certain comparatively
small aud Well defined districts Of the
STATE. vulNahle minerals were known or
supposed to cNist. It contemplated that
Ing districts should he established as pro
vided by the act and mining claims should |
be sold. Other lands In such locality where {
minerals were then supposed To cXls. enS1ll .
be examined by the geological and aim 7
eraloglcal survey before the same should
he sold; and still other lands although In
such district or locality but upon which
minerals We're not believed 10 exist. should
be sold, Pre- vided the purchaser should .
make oath that There was not 10 the best T.
of his knowledge and belief valuable min .
erals thereon. and the commissioner Of the
general land oElct snoniu 1850 believe the /,
sumo II was an adoption substantially /.
OF the plan and policy OF the National GOV
ornmeut respecting The disposition Of It's
'nnds In mineral caring TERRITORY
The purpose 10 restrict the operations OF .
the act 10 land situated In the then well
recognized miHeral bearing districts of the
state, is obNiOus from the language NJ the .
act itself. The first eight sections OF the
mining act OF 1888 are almost literal re-
production OF the same sections from the .
net Of March y, 1859. IN the 1rSt section 4
Ot the act Of 1875 there VHS introduced Z
provision respecting lands Ia the socalled .
Pacific Reservation (which had reverted /
10 the state, and very considerable por-
producing district moi found IN thar sec
tion Of the act of 1850; ana Il WIS Inserted 1
In such manner as TO somewhat confuse the
form of he sentence
But that section In both acts, as far rs
material 10 the present cose, reads 'Idoi
all the public school. university. asylum
ana PUZZLE lands containing valuable min
cral deposits are hereby reserved from .
sale, prdsid ID. that MI who have /
located aud recorded claims under previous I
laws ana have not abandoned the snur'
shall have a prior preference right ere.
rhus IL appears that only lands Containing
valuable mineral deposits were contem- F.
plated And the prCviso Is. we submit,
conclusive evidence that land in known
mining districts only were referred to. hr
cause Il provides only for the proiectioh
of those who have located ana recorded .
claims under previous laws obviouStt I
meaning only mining claims, " the .
act were Intended Ia amply to lauds
throughout the agricultural. pastur.
age aud timbcrCd, upon which no one had
ever supposed valuable minerals 70 exist
Is there, any room to doubt that the legs
lature wonld have provided Tor 9e pf"tec
ton OF homcsteHiers ami other pryor 10 .
Gators thereon! IL is not lnconcvirnhie
that the legislature would protect the prior
claims OF miners and refuse protection 70
actual settlers and others VINO logether /
constitute the great body of the citizenship (
OF the State7
Again, take the last sentence OF section
.. "lf mineral lands are afterward claimed
designated they shall also be eNauined ana
Cl, ssihed accordingly lniohsl% tnIs :
was Intended to provide for Just such T
contingency as has occurred oil mas been .
discovered near Beaumont The extent OF ,
the neld has not been disclosed Many be
lieye that 1t Is 10 be found throughout a
considerable area along the gun cuhrN'
where no one ever dreamed there were any
minerals Of value before II WAS also ulS .
covered recently az Corsicana, as the result .
OF an EFFORT 20 get rteSian water ina. +
field as we understand, has been piHt! /
well explored, and yet It's exact limits nave /
not been accurately defined. Near each OF
these localities tn state doubllehs OWNS I
publlc school, university or asylum lands, 1
Hid probahl, oil OF other valuable minerals 1
are 'Cllimed TO exist thereon, Aud as % (
an such we assume that IL Is wltnln me 1
newer. H. indeed, IL Is not the duty OF the .
Of the general land ONCE u /
he has already classified snch lands IN the {
exercise OF the powers conferred upon MN .
by chapter AZ OF the acts Of 1850 OF o'heI
Ike laws rs agricultural, pasturagt OF
tiniberCd lands, 10 revoke such clasSineN,,
lion and await geological and mlnefaloslya'
survey before Offering such lands Tor shit'
or reauire oath and other evidence or tue
nou.px isteI.ce of minerals thereon, as au-
thorized by the mining act.
Much the greater part OF the mining hCt
of IS,t5. rs we'll as that Of 1889, whtcn u
is devoted 10 the estahlish.
ment OF mining regulations and rules TOT
the government of miners and miners
rights In detail and II obviously bore or 4
was intended TO bear. but little relation 70
fhe disposition OF the public lands Onr
nositlou is we submit. very strongly en- 4
forred by The fact that In adopting the ne,
vised Statutes Of 1890, the mining act ..
f,at venr was incorporated. Win othei /
,,'tnins, laws under the head OF Mines ana I
Mining" as n separate title tl'AAD o. LnS !
Ie,,issd STATUTES whereas the act passeh
~ The same session WAS incorporated ~ \
~ .N.t.t,r nudpr the head OF 'GuhHc /