The San Francisco call., 1904-12-08

Such record is supposed to give construc-
tive notice but its capacity in that direction
is limited. Confessedly. II is no notice at all
to the paramount proprietor-the United
States. The United States knows of nothing
relating 10 its public domain, the specihc
grants of the Congress excepted, save such
matters as, under its laws for the disposal OF
the public domain, appear in the United
states land offices where the public domain is
sold The land office Is for the General Gov
ernment the recording office 1t knows what
is there of record but fl does not know what
is Of record in the offices OF mining record
ers or the Offices of county ~%corders, ana
does not and, In the nature of things can
not take any constructive notice therefrom
AS ii is the of the land il cannot
take notice OF anything affecting the title
save what is Of record in the place II has
I provided for that specific purpose. The laws
of mining districts and OF some of the State
require record of mining locations, but the
reason for requiring a mining location TO be
recorded in a local office antedating the enact
meut OF the Federal mining law long since
lost its force because Federal surveys of the
public lands have since been widely extend
ed. General Withdrawals OF wide regions sup
posedly mineral IN character such the
withdrawals in accordance with the report of
J. Ross Browne in the seventies, have been
set asile conflicting with the policy of the
Government for the disposition of the pubic
domain as a means of increasing the ma
tional wealth and resources. and because the
real policy of the Government, notwithstana- q.
ing the imperfect provisions Of the law, Is
that the mineral lands shall be sold as SUCH
and not reserved as SUCH
Strange complications have occurred.
Mr.. Belcher gave specific instances. IN
a general way the following presenta-
ton was made:
In Instances known mineral lands have been
returned as such by the deputy agricultural
surveyors in the field and plated as of that
character: but otherwise than as they are so
plated from casual examination or informa-
tion, and otherwise than as segregated py
deputy United States mineral surveyors IN
/ patent proceedings the Government maps give
\ no inforna ton as to what are mineral lands;
/ Some of the best mines have been discovered
| upon lands surveyed. returned and plated as
| being agricultural in character.
/ In places public lands returned as agrieult-
ural in character. or at least as not mineral,
are in fact covered by mining locations, duly
recorded under local rules. OF which the
! United States land offices have no knowledge
This condition of fact Is not merely bad: II
| is shocking 1t is time the law was changed
Yet any change that would put too severe
/ burden upon the hardy prospector and honest
! miner would fall short Of attaining the object
! desired
! The present system does not protect the hon
est miner. Where the land in which his mine
| IS situated has been returned as agricultural,
| unless he initiates patent proceedings, he IS az
| the mercy of the scripper. the purchaser from
the state under school selections and even from
! purchasers under the timber and stone acts.