El Paso herald. (El Paso, Tex.) 1901-1931, 1910-05-14

) After the filing of said affidavit, the
said surveyor shall Immediately forward
same to the commissioner of the general
land office who shall take said section
off the market until the expiration Of
said12 months after the filing of said
affidavit with the surveyor"
The L-w Covering the Case
| Section 1, chapter 127, which is
ferred to in section 10. above quoted,
reads: BE it enacted by the legislature
of the state of Texas: That all public
school, university. asylum and public
lands specially included under the Oper-
alton of this act. all the lands now
owned by the state situated within the
reservation known as the Pacific re-
servation, which were taken off the
! market and reserved from sale by an
| act approved January %, 1888, contain
| ing valuable mineral deposits, are here
| by reserved from sale or other DISPOSE
ton except as herein provided and are
| declared free and open to exploration
| and purchase under regulations pre-
| scribed by law, by citizens of the United
States and those who have declared their
| intention of becoming such; provided.
that all who have located and recorded
| valid claims under previous valid laws
| and have not abandoned same but are
| engaged in developing same, shall have
a prior preference right for 80 days
! after the passage of this act in which
to relocate same under this act"
Classification of Goods.
The section applying to the classifi-
| cation Of public school, university, asy-
lum and public lands which are unsoId
state plainly that it shall be the duty
of the geological and meteorological
survey to examine ,alI such lands as
soon as practicable and to designate
fra 70 orarad 1frar oTt
| bearing land. and if mineral lands are
afterwards claimed to exist at other To- |
cations than those so designated, they
shall be examined and classified accord |
ingly. The clause 'as are apparently !
mineral bearing indicates that even
the geological survey was not given |
the discretionary power of deciding
whether or not lands were mineral or |
nOn-mineral, but were required under |
the law to designate all lands which !
were apparently mineral bearing" as
mineral land for the purpose of the |
title. Section complete reads: 1t shall |
be the duty Of the commissioner of the |
general land office to have a map made |
showing the location Of all public ;
school, university, asylum and public |
lands which are unsOld; and it shall |
be the duty of the geological and min
eralogical survey to examine all such !
lands as soon as practica Die. and to des-
ignate such tracts as are apparently |
mineral-bearing as mineral lands for the |
purpose of this title
If mineral lands are afterwards claim |
ed to exist at other locations than those
so designated, they shall also DE ex-
amined and classified accordingly.
Letters of Rejection.
In the office of county surveyor Eu-
bank is the following letter under the |
official seal Of the land office:
General Land Office,
Austin, Texas
April 10, 1910 |
J. T. Robinson. Commissioner
]. H Walker, Clerk.
County Surveyor,
Ell Paso. Texas.
Dear Sir:-YOu are advised that the |
application of Mr.. f. L. De Shazo to |
prospect for mineral on n. ". 4 Of |
section 80, block rs, public school |
Qand) in Ell Paso county is rejected |
for the reason that it is not classed az |
mineral, hence not subject 10 prospect |
application. Please advise Mr.. De Shazo /
that his application has been rejected.
Very respectfully,
J. H. Walker,
Acting Commissioner
On the same file are similar letters |
of the same date from the commission |
er rejecting the application of J. J. !
Russell, Miss Bessie NJ. Russell. L. P. |
Atwood and H. H. Stark, with the same |
reason assigned, viz: that the lands ap- |
piled for are mot classified as mineral, |
hence not subject TO prospect applica- |
ton Besides these are several other |
rejected applications. These applica- |
tiOns are for lands in the so-called To |
yah oil country
Another letter bearing on the subject |
is quoted below:
Austin. Tex, March so.
County Surveyor, FL Paso Co.
Dear Sir:-You are advised that the |!
application of J 7. Canon, to pros !
pect for mineral on Sec. A. Blk IS, (
Tsp. s, T. & P. Ry., FL Paso Co, Is re- 1
jected for the reason that there is no /
evidence in this office that this land |
is apparently mineral bearing, and fur |
Their it seems there is concert of action |
on the part Of a great many to attempt /
TO hold land off the market and thus /
prevent il from being revenue produc- |
ing. Especially is this true where the |
land favored localities. If you are in |
good faith. you may send in mineral !
application for the purchase of this /
land at s25 per acre.
J. T. Robinson, Commissioner.
Another Letter.
Another letter from the general land
office at Austin to county surveyor J.
W. Eubank advises that the applica-
ton of Jane G. Bujac is Suspended"
for the reason that the land has been
off the market for u months; having
been filed upon by D. D. Dumont, Of
Carlsbad, on June 5, 1905, according to
the county surveyor, who says that Du-
mont occupied the land but did not buy
it. The surveyor also says that the
commissioner has no authority to with
draw the land in question from appIi-
- y;