Omaha daily bee., 1909-11-29

tIONC uItllucd.
AS to minerals. other than those herein
after specifcd hefauss or the manner OF
their Occurrences. doubtless no effective
discovery. and they should for that reason
he treated as an exception in classification
ana dealt with Accordingly.
AS regards new legislation. the present
coal land laws respecting the states and
territories, as well as Alaska. should be
supplanttd BY an act fully meeting existing
a. well as future conditions. The induce
ments for much OF the crime and fraud,
both constructive and actual, committed
under the present system can be prevented
by separating the right to mine from the
title to the soil. The surface would thereby
be open to entry under other laws accord
ing to It's character and subject TO the right
to extract the coal. The object to be OBJ
tainod in any such legislation is to con-
serve the coal deposits as a public utility
ard to prevent monopoly or extortion in
their disposition. This may be accomplished
either through a leasing system, by which
the title would remain IN the government,
Under proper regulation and supervision by
the secretary Of the interior, or through
the. sale OF the deposits, and in either case
with restrictions on their mining and use
WHICH, NOhlh kbAAAOA AAA1 MINIMUM W
and conserve the deposits as a public utility.
I believe the most advantageous method
will be found in a measure authorizing the
lease OF sale OF the coal deposits in the
lends. subject to forfeiture for failure to
exercise the rights granted, under such
reasonable regulations as may be imposed.
An exploration period OF at least one year
upon a permit basis, at a nominal charge,
would insure to the applicant the necessary
preliminary knowledge upon which to make
the lease or purchase of the coal deposits
and venture the necessary investment for
operation, The maximum unit authorized
for his use could safely be made from
three to five sections. provided no greater
surface rights be granted than will give
proper facilities to reach and extract the
coal deposits.
Proposes Forfeiture.
IN case Of failure Of the lessees or
grantees 20 open and operate the coal de-
poslts under reasonable limitations and to
maintain an output reasonably suited to
the deposits, and in case Of combination
as to price or limitation Of output, title
should be forfeited by proceedings in court
for that purpose. Government mine super
vision would doubtless be necessary to en-
force the conditions and limitations under
the grant.
THE above suggestions with reference to
the disposition OF coal deposits are equally
applicable to the oil and gas fields In the
public domain, and similar legislation as to
lands containing the same is hereby recon-
mended. Indeed, the very nature Of these
two important mineral resources requires
that their disposition be in terms Of guam
tity Of the product extracted rather than
OF acreage.
Pending the enactment OF new legisla-
ton as affecting coal lands, all known coal
areas were Withdrawn from entry for
classification and appraisement through the
geological survey.
'April 10, 1909, l changed to a practical
end scientific basis the system OF classi-
fication and valuation for disposition of
coal lands under existing laws. For the
purposes OF classification and valuation,
the coal deposits are divided into four
classes in accordance with their fuel value
and the thickness and depth OF the coal
bed. The prices Of the lands are determined
on the basis OF an estimated tonnage and
range from one-half cent to- 8 cents per
estimated ton, In accordance with the quail
ity. thickness and situation OF the coal,
Provision is also made for taking into
consideration in making the valuation any
special conditions enhancing the value OF
the and for coal mining purposes; also,
for a review of the classification or valu-
alton upon proper application and showing
to the department.
The classification and appraisement of
the coal lands in the states and territories
other than Alaska proceed upon the author.
ity Of the act Of March 2, 1873. which fixes
the minimum price only for lands and
leaves to the secretary OF the Interior their
appraisement and the determination OF
their maximum value. In view OF the fact
that the law Of Alaska directs the dispo-
sition OF the coal lands in that territory
at the flat rate OF $40 per acre, no such
classification or appraisement IS warranted
by existing law,
Congress has, by the act Of February
10, 1900, substantially adopted the recon-
mendations made by me as commissioner OF
the general land office in the enactment OF
a statute. known as the "dry-farming' OF
'enlarged-homestead" act, authorizing the
classification and entry Of semiarld lands
Tn department has. through the geologi
cal survey, under this act classified IT., O3z,.
6a acres.
II have also recently Withdrawn temper.
arily, for the purpose Of submitting thu
subject to congress for new legislation
large areas of oil lands in Wyoming. Cali
fornia, Utah and oregon.
Il desire to call attention to authorlx,
the executive to reserve certain areas OF
these lands for the purpose, OF affordIng q
supply Of fuel oil for the future use Of tn,
navy, and to make such regulations as MAJ
he necessary for the preservation and ex
traction Of such deposits. No Legislation
exists for the entry of oil and gas lands
other than the general mining laws Of tn,
United States, which are not adaptable t,
the disposition Of lands containing minera
oils and cas-.
Under the previous administration Their.
wsre temporarily withdrawn, pending
action by congress, 400, SEQ acres OF LAM
in the states OF Wyoming. Idaho and Utal
as containing phosphate deposits. Thes,
lands are being re-examined by the geo
logical survey at my direction with a view
TO eliminating all trsctS not containing suol
deposits The area OF the original with
drawals has now been reduced to AN, IS
acres by The elimination OF nonphosphat
lands, ard I am advised by the classifying
Officers that additional areas will be elm
mated as a result OF their examination
This LANDS containing phosphate axe no
adaptable to disposition and should not b
allowed 70 be disposed Of as either place