The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-02-01
LAWS NULLIFIEO
BY PRESIDENT.
SAYS HEPBURN
Bitter DenunciatiOn of
Mining Claim ReStric-
tons and Forest
Reserve.

Reserve.
Senator Hepburn of Idaho. IN his de-
nuuclation ot the public land policies
of the President and Secretary Hitch
cock surpassed, If possible, the vigor
of denunciatiou that was employed in
the earlier address of Senator Carter.
Senator Hepburn spoke AT length yes
terday, and not having concluded at add
Journmeut, gave up the floor with the
intention of resuming today.
Senator Hepburn took up the Presi-
dents message Of December Il. in which
he notified Congress that he had sus-
pended all issue of land patents. on
January . another message was sent
but it failed TO give any relief from
the. onerous conditions imposed by the
earlier message. 1t merely asked for
larger appropriation for hire of land Of
nee inspectors. and for engaging force
OF mining experts 10 investigate mining
and mineral claims.
Il cannot conceive such "a lack of in
formation about mining claims, as TO
prompt such "a course" declared Sen
atOr Hepburn. ''The proposition that
the location of a prospecting miner
must be Investigated by a special agent
is impossible. 10 would completely stag
nate the mining interests The mines
that have produced hundreds OF millions
OF wealth have been condemned by the
mining experts So uniformly that the
opinion of experts has became a jest"
Here Senator Carter interrupted 10 say
that ia gold. silver. copper. and lead
the mines OF the United States have pro-
duced SLo0o 00O000 of wealth To thls
Senator Hepburn added that the pre-
cious metal product OF the United states
had maintained the money basis of the
world
beginning ia 1866 q law was passed
giving the right TO go ON the mineral
lands and select limited area. the
condition being that he discover evil /
cence of the deposit of precious metals [
Now the Government would subject the
Judgment of the prospectur 10 that OF
an expert Yet the Supreme Court has
helu that there is required only that
The Judgment of the locator shall be
consulted No expert ever discovered a
great mine. No pTospector that deyel-
opcu such "a mine ever met the approval
on the experts. ] saw the great mines
on LciuVllle condemned by the experts.
i saw those OF the Occur a. Aleue like
wise condemned. Yet / have seen thest.
same mines produce their hundreds OF
millions
Prospector Stakes All.
The prosPector has more at stake
than anybody else. Is IL likely he would /
locate on land which held out no pros
poet ia his Judgment. OF becoming re-
huHefatiNet Congress passed a simple |
and satisfactory law the department. !
IN It's industry has made regulations |
that today keep the courts busy in the
effort 10 decide what is law and what
is mere regulation.
1t is utterly impossible for the min
ing industry 10 be subjected 20 this con-
dluun Of an expert investigation without
being destroyed. declared the speaker !
who proceeded 10 explain the manner Of
tocatlhE ana pateutlug mineral lands
The system. he declared. was such as I
To make fraud impossible, vet The de-
pdrtiuenL now proposes 10 add 10 these
Le5a-atioHa tne, requirement of an eX- I
pert investigation "WAO determines /
the weight OF the experts Judgment"
NE continued. rs he "a real expert or "a |
political appointeeg Why. even the
cases tnal nave passed the General |
Lana once are now held I'D. waiting FOR /
The experts 90 pass on them, ana Con
sfess is asked 20 provide money 10 hire /
Use experts How many would be need
ca ana how long would il take them 10 /
90 the work IN the SHOWS and cold az /
winter A fun year would elapse before 1
the HTSt report could De received. Mean
Time the order is in effect. ana we ara i
mere 20 inquire whether il is a proper /
exercise Of authority.
Laws Are Nullifed.
Can Congress properly stand bv and
see its law nullitied by the Executive.
whose highest duty is TO execute those
laws?
Congress is able and has the fuu
authority 10 pass laws and provide for
their enforcement; nobody else has that
power. More injustice and fraud have
flowed from the supplementary rules
and regulations of departments than
from any acts we have done. We have
delegated constantly both legislative
and judicial powers upon the Depart
ment of the Interior. Clerks of the de-
partment decide contest cases, i'm al
most all cases without real review by
any higher authority. and there is no
appeal"
The Senator spoke of a single case
thus decided, in which 5000 900 was in
Volved, and OF another in which
>hsUuooo0 was involved. Il don't know
who wrote luat decision he said "bur I
] have a strong suspicion, and if I ana
right IL was written by a man whom I
the Senate would long hesitate 10 cons /
Iiffn MIN 10 any Judicial position"
q" ] am gravely concerned writes the /
President, about the unsatisfactory |
conditions of the land laws Well" re-
tOrted Senator Hepburn. I am gravelv !
concerned about the administration of
those laws.
SluTs Presidents InfOrmers.
''The President is sincere and honest.
but his sources Of information are sub
ject To severest criticism. and open 10
censure of the legislative branch Of
the Government l would not abate one
line of his power or preTOgauve, / have
the highest respect for the office and
for the man holding IT, / do not believe
he ever voluntarily aud understandingly |
issued that order"
The Senator took mp the forest re-
serve law, and bitterly declared that
under IL The state Of Idah0-and / men
lion IL only as an example. for others
are as bad-has been made the mere
plaything Of AN irresponsible bureau
Official Eighteen million acres of It's /
land are forest reserves. Our schools /
and churches are driven on the p0ssi-
biiity of development and settlement and
Improvement is ended; this great area i