The San Francisco call., 1910-05-04

each thereof. All Withdrawals hereto
fore made and now existing are hereby
ratlhed and confirmed as if originally
made under this act. All Withdrawals
snail remain in force until revoked by
the president or by congress"
SOUNDS WARNING
Attorney Curtis H. Lindley, who has
made close study of the subject,
sounded a warning note in an address
Friday night before the local bar asso-
citation. OF the bill he said:
In order to fully appreciate the
forces which are at work and the sin
gleness of purpose apparent in the
course of Legislation thus far, it is i'm
portant to note that the bill as finally
passed, is substantially in the precise
form in which it was introduced, pre-
sumptively as an administration meas
ure. When the bill reached the public
lands committee Of the house it was
the subject of long and tedious con-
sideration. This committee reports ed
the measure back to the house with
certain extremely important amend
ments; that is to say, important from
the viewpoint of the miner"
One of the amendments was clause
reading:
That such Withdrawals shall not
affect the legal rights of any settler
or entryman initiated prior to such
Withdrawals" and there was added to
the bill the following saving clause:
Upon restoration OF any such lands in
the United States the equitable rights
shall attach of any bona fide claimant
who prior to such withdrawal initiated
a claim thereto and made valuable i'm
provements thereon"
Speaking further of the measure,
Lindley said
The avoweJ purpose of these two
amendments proposed by the commit
tee was to protect inchoate and unper-
fected locations made upon the public
domain, where, for example, prospect
ors had gone into possession, staked
their ground and were either contem-
plating its exploitation for mining
purposes or actually engaged in such
exploitation.
The heroic efforts on the part of
members of congress representing
california TO retain and to some extent
enlarge these saving clauses were en-
tirely without avail, and the bill passed
by an almost unanimous vote substan-
tally in the form in which it was pre-
sented.
BILL UNNECESSARY
cit is contended by some of the
leaders of the conservation movement
executive has the power under the ex-
listing laws to place any part of the
national domain in a state of tempo
rary reservation and that the with
drawals heretofore made were valid
and required no confirmation.
THE chief executive himself, how
ever. has stated that there is some
lands for the sole purpose of awaiting
the action Of congress looking to a
radical change of governmental policy.
His power to reserve lands for a dis
tinctly avowed public and govern
mental purpose, such as forest re-
serves, military reservations and the
like, is undoubted, yet this might not
be extended so as TO sanction such
Withdrawals for a purpose not as vet
provided for by congress and as a
means OF sequestering the national DO
main so as to give congress an oppor-
tunity Of legislating on lines involving
revolutionary change in the laws nro-
viding for the disposal of the public
domain.
OBJECTION TO WITHDRAWALS
The validity of the previous with
drawals in the absence of confirmatorv
legislation is certain to be vigorously
assailed. particularly in the oil regions,
where there is now and for some
months past has been feverish and in
tense activity. In this area alone there
were embraced on February 10. 1910.
2,400,45 acres of government lands
placed in a state of withdrawal under
orders of the secretary OF the interior.
Congress has the power to enact
legislation giving these Withdrawals
retroactive effect. Such a measure as
the foregoing would give to the gov
ernment a powerful weapon against
parties initiating rights since the date
of the orders, and from the conserva-
tionist's standpoint it was more than
prudent that legislation of this charac-
ter should be passed
ORDERS UNAUTHORIZED
while my personal views are of no
serious moment, 1 have expressed tn,
opinion that the recent orders, in ~
far as they interdicted prospecting al
locating of mining claims within fl'e
reserved area, were unauthorized. NJ
ing claims may be located in all ler-
manent reserves, except such natjDnaI
parks as the Yellowstone and Yost mite
valley and on Indian and militarl res
ervations.
"As none of the withdrawal riders
were predicated upon a desire If fhe