Los Angeles herald., 1910-09-22

a ClOuQ rises III lllO cast tAiA SesNN--
ing the interests of the west. Shall we
of the west rise in defense? The min
erals and other wealth of the pubic
lands have always been in controversy.
Mineral oil and water power now eX-
cite the jealousy of the east. The MS
tory of mining in the United states
shows a constant rise in condition ana
laws from dense ignorance and cruue
methods to high skill and prosperity
The rise has been despite ancient laws
and customs to which many in power
have adhered; and the present condl-
tion has been through the educatloil
of experience, that dear school; put
fools" it is said, will learn at none
other" OF the unlearned are those
filed with wise saws and modern IN
stances. -,
MIA. soon after God gave the land 10
the free republic of America-a pur-
nose in the mind-our people were
generally ignorant of minerals ana
mining of all kinds. The discoYerers
of gold in the millrace at Coloma SUD
mitted the shining nuggets to polllhs
in I've and other tests to learn WhaI
thew had found and doubt long con-
fin1ed. After learning it was gold the
question arose: How to obtain 1t, ana
to whom did it belong? They had the
lesson to learn and the laws OF own
ership and rights to evolve.
PIONEER IN CALIFORNIA
As was among the first after the
discovery to join the rush to Calltor-
MIA engaging in mining, newspaper
and historical work, l feel competehI
and the duty to express an OPINION
and present some facts in the present
controversy brought up under the pro
fessfon of conservation. This is an al
Turing expression, very sweet 10 those
having great possessions and to those
who wish to prosper without personal
hardship, risk or labor.
conservation is a return to old rlght
of royalty-the right of the KING 70
exact a share of the natural wealth.
of the land without rendering an
equivalent. particularly applying 10
mines of the so-called royal metals'
gold and silver. ....,,+,,
was Inv Lieut.. w. T. Sherman, an or
ficer of the army of occupation in Cal
ifornia. later the great lieutenant gen
eral of the civil war. He, in VlslIihs
the mines, talked of taking possession
and enforcing the claim of royalty ior
the sovereign, the United states, the
owner of the land. the miners
laughed at him. s
To enforce his demand he must send
his soldiers to the mines. The most OF
them went without orders or leave ana
ioined the great community or lres-
nassers The representatives or Sow
ereignty were left powerless, and roy
alty" was never again considered Sc
riously in California-untll noW'
But the principle was not ihll1e-
diately surrendered on the Atlantic
coast. Then, as now, the people con.
tended for a share of the products of
+be nublic lands. The contention for
the night of kings was continued for
some wears. Spain had eXacted its
tenth from the mines of her colonies
so might America. The clamor was
very strong in the east; and even IN
California. there were some under the
cowardIv plea of loyalty and former
submission of Mexico would concede
the right. The feeling is expressed in
the first annual message of President
Fillmore to congress in December, 1850,
as follows, speaking of the public
lands:
EXCEPTION TO RULE
"The mineral lands of California will,
Of course, form an exception to any
general system which may be adopted.
Various methods of disposing of them
have been suggested. 1 was at first
inclined to favor the system Of leasing,
as it seemed to promise the largest
offer the best security against monop-
olies; but further reflection and our eX-
perience in leasing the lead mines and
selling lands upon credit have brought
my mind to the conclusion that there
would be great difficulty in collecting
the rents, and that the relation of
debtor and creditor between the citi-
zens and the government would be at
tended with many mischieVous conse-
quences. 1 therefore recommend that
instead of retaining the mineral lands
under the permanent control of the
government they be divided into small
parcels and sold, under such restriction
as to quantity and time as will insure
the best price and guard most effectu-
ally against combinations of capitalists
to obtain monopoly"
In Fillmore's second annual message
December, 1851, he referred to his first,
adding:
But upon further information and
in Difference to the opinions of persons
familiar with the subject, I am inclined
to change that recommendation and 10
advise that they be permitted to remain
as at present a common field, open 10
the enterprise and industry of all citi-
zens until further experience shall have
developed the best policy to be ulti-
mately adopted in regard to them. It
is safer to suffer the Inconvenience
tnat now exist tnan TO 1aSten on the
country a system founded in error"
LIKE TYRANNY OF OLD
The pleadings of President Fillmore
were precisely the same as those of the
conservationists of today; the same as
of Charles V of the sixteenth century;
the same as Of czars and tyrants Of old.
But he so modified his measure as to
sell the mineral lands in small parcels
under restrictions.
In his second annual message he
had the candor and manhood to change
his opinion of selling or leasing. ana
to advise that the mineral lands be
permitted to remain as a common field,
open to the enterprise and industry of
all
This was wise and PATRIOTS on the
part of Fillmore. Circumstances and
experience had taught the way. The
governing element in California at that
time was intelligent, just very strong
and energetic, and it evolved mining
laws and customs, proving bet:er than
could have been hoped or from legisla-
tion by congress. All were admitted
IN the mines male and far,~1a. ,ro,,v >.