El Paso herald. (El Paso, Tex.) 1901-1931, 1911-06-03

There recently appeared in the Dali
las News a series of articles by MI
Finty, dealing with the needs OF west
Texas. the great development Of this
section through individual effort and
private capital and ending with
plea for a closer understanding and
more mutually of effort between west
Texas and the remainder of the state.
1 have read these articles with great
deal Of interest and much qualification.
Mr.. Finty champions the cause Of a
long suffering and patient people and
my only criticism Is that he stopped
too soon. without covering the entire
field. He has called attention to many
injustices that have been heaped upon
west Texas. but to my mind he has
omitted one Of the most glaring, viz:
the mineral legislation
Absurd Situation.
It will no doubt come as a startling
revelation TO most people, and / be-
F.. lieve even to the legislators themselves,
when I say that through an oversight
Oh the part Of our legislature millions
of dollars worth Of property has been
placed in such a position that no one
can sell it, dispose of it, develop it or
derive one cent in revenue therefrom-
I refer to the minerals on a large por-
ton Of the lands in western Texas For
more than four years this pernicious
condition has existed and although
west Texas has pleaded with our legis-
lature for relief, we have been unable
to obtain IT, Let me give an example
Of what I mean: o. r. Green bought
from the state of Texas section No. 9,
block No. SO. public school land, Reeves
countq. Texas. His address is Toyah,
Texas. Several years ago a fine grade
of lubricating oil was discovered on
this land of Mr.. Green's worth SIS
per barrel on the market today Tn
der our present laws the state Of Texas
IS claiming this oil, but in spite of such
claim, the state is powerless to make
a title thereto, even though Mr.. Green
should waive any claim which he
might have. Mr.. Green is unable to
sell and make q perfect title, but must
sell subject to the states claim. Even
though Mr.. Green should desire to pur-
chase the mineral from the state. as
he has offered TO do. the state has no
authority to sell or lease it. In other
words. the oil beneath that land must
lie there until the legislature gives to
some agent Of the state permission and
authority to dispose Of it, This is not
an isolated case. but there are hun
dreds Of similar ones in the west
Law Bearing on the Case.
In order that the people at large, |
and especially our legislators, may re- I
alize and understand how such condi- /
tion can exist, I have determined TO set /
out in this article the facts and the !
laws as briefly as may be; however, /
any discussion Of the matter will ne /
cessarily be long, and trust that the /
people viii take the time and patience
to read this article carefully.
Prior to 1907. the state OF Texas, act
ing through its legislature, set aside /
nj oil ~ DO
main remaining then unsold to the
public school fund. and directed the
commissioner of the general land Of
flee to dispose of same in the follow
ing manner. towit;-
First:-Where land was classed as /
mineral" land, the commissioner was .
to sell same without any |
condition Of settlement. for a minimum
price of $40 per acre, the maximum to /
be left to his discretion; said land 20
be sold on payment Of one-tenth cash.
and the balance in nine equal annual
payments.
Second:-Where land was classed as
grazing or agricultural" it was to
be sold to the highest bidder, with a
condition of settlement attached, re-
curing three years continuous resi-
dence thereon.
Trans-Pecos Country.
CCfCAd4 years d6O lLO commissioner 1
came to the conclusion that consid-
cradle portion of the state, known as
the "Trans-Pecos territory" embracing
several million acres Of school land, |
was in a possible mineral bearing sec
ton He accordingly classed this land |
as mineral withdrew it from sale
under the settlement act, and refused
TO sell it except under the mineral
act In making this change in CLASH
under the advice Of any geologist or
mining expert, so far as I have been
able to ascertain, but only on such
as he was able to get in a
general way
I make this assertion because of the
fact that the mining board formerly
existing in this state was abolished
many years ago, and no appropriation
was ever made to defray the expense of
1 competent geologist to classify such
lands.
One thing remains a fact, that the
is apparently indiscrim-
mate and haphazard some sections
In block being classed as mineral"
and others in the same block and ad-
Joining being classed as dry grazing
when there is no apparent reason for
such distinction, and thousands of sec
ions have been placed in the mineral"
lass on Whlcn no minerals OF CONNER |
;ial value have ever been found and |
1roba bly, never Will be found In JUS
ice to the various commissioners. let
ne say that in making this classifi-
alton they were prompted by what
hey regarded as their duty toward the |
rust imposed upon them, but it was in |
fleet the first step in blockading the |
'ona-fide development Of the west I
10 not criticize the commissioner, but
ather the penurious spirit which |
our legislature in abolishing
he mining board, and in depriving the
commissioners of competent assistance
n determining the true classification
4 such lands
Futile Effort at Remedy.
In 1907, the legislature, realizing
hat on account of this change Of clas-
ification too much land was lying idle
nd bringing the state no revenue, at
emDted, by legislative act, to segre-
ate the title of the mineral from the
and, and authorized the commissioner s
o sell the land with reservation to
he public school fund OF such miner
Is as might be found thereon But
ere the legislature stopped, and no /
uthority was given the commissioners
T any one else to dispose Of, by lease