Arizona republican., 1911-12-02
Shows Up the Attack On
 HOVa| Smith
II IS BASED ON MALICE
Indisputable Evidence is Adduced to Show That Fight on Republican Senatorial Candidate is Unjustified.

Democratic speakers and newspa- pers have been busy ;he past few days trumping up charges against Hoval Smith. one charge is that he acquired title to 5000 ,000 acres of land in Cochise county by fraud When il is considered that the total area of COchise county is but 4.000 900 acres the charge that Smith got three fourths Of it is rather preposterous.
 The facts are that Hoval Smith has patented 1l2 mining claims in the vicinity Of RiSbee and that his title thereto Was attacked. He took the matter into court and after years of litigation established his right to hold the land under his mining patents.
 On Monday Sept. IS, 1911. the Fl Paso Herald commenting on Mir. Smiths victory in the court said editorially as follows:
 What the recent action of the De partment of Justice at Washington in dismissinS all the suits against lIoval \. Smith ol Bisbee and the accompanying apology Of the attor- ney general for the filing of the suits, means to mining development in the southwest is clearly set forth in the following editorial from the Fl Paso Herald. which has a timely interest for all Arizonans holding mining claims"
 In dismissing the cases against Hoval A Smith and associates of Bisbce. involving mining titles to much valuable property in the War ren district of Arizona and attor ney general in fact establishes a pre- cedcnt of immense significance to every mining district in the west. Under the letter Of the mineral laws of the United States. mining claims, tO be taken up as such, must have the ore-bearing ledges plainly exposed on the surface. Since these laws were framed the science of mining has undergone great changes. Min ing men nowadays invest millions of dollars in explorations and develop ment work hundreds or even thous- ands Of feet underground in localities where nothing appears on the sur face to justify the expectation of finding mineral wealth below. Geo logical examinations are relied upon for guidance in such districts"
 The development of copper mining especially has been dependent upon the scientific deductions of trained geolOgists. Immense properties have been developed on land giving no surface showing Of ore bodies. Un der q strict construction Of the min eral laws the locating of such land has been prohibited and il has been necessary in many of the most inn p0rtant districts to resort to ali kinds of pretense and subterfuge to ob- tain the land absolutely needed for successful mining"
 In the Hoval Smith cases, in volving some of the most valuable copper ore bearing territory in AriZo- ma. the representatives Of the gov crnment sought to show that the land taken up for mining purposes was more valuable for agriculture and grazing than for mining-totally dis regarding the geological basis Of mineral development and assuming a position utterly on its face. and yet perhaps technically involving strict construction of the mineral laws"
 Tt has taken many years for MT. Smith and his associates to establish this valuable precedent. In the let ter of the attorney general published Thursday. in which the withdrawal of the suit is directed, il is made clear that Mir. Smith and his as- sociates approached the land office with perfect opcnness. and lay be- fore tho. depGtment all the facts in