El Paso herald. (El Paso, Tex.) 1901-1931, 1911-01-17

ION anu 4HIpION eh6nC OF Lnt
| Texas mining law, is for a good cause
/ and is worthy of the support of every
| man who feels at all inclined to pro-
mote the welfare and progress of not
only the city and county Of FL Paso
but of the entire state, no MATES
whether he be directly interested II
mining or not
Some one said that Law is for the
convenience and protection of the peo-
/ pie not for mere perfection of an in
/ strument" But the Texas mining law
az now prevailing possesses neither
! legal excellence nor protection, except
protection in its creation was sup
posed to mean a solid barrier designed
! to prevent the development of the min
eral resources Of the state
Credit TO DIR. Phillips.
Prof w. B. Phillips, director of the
/ bureau Of economic geology, university
! OF Texas, has done more than any one
man, or any association of men.
I to remedy the evil in his eff
, forts toward having the obiec-
tionablec clauses in the present
low repealed and changed: but SO
far without avail. He commenced
this campaign several years ago. In
! a very able address. issued in bulletin
form by the university (Bull. No s,
July. 1909 he clearly stated the short
comings of the existing law, and sug-
gested the remedies. He has kept at if
ever since, but an Indifferent or stupid
legislature has paid no attention to
him.
To quote from the bulletin mention
ed: ''The private ownership of every
alternate section keeps out prospectors.
1t is quite expensive exploring for
minerals, and when there is such IN
certainty thu Of
public and private lands, this expense
becomes doubled. I have known pros
pectors to spend months in the noun
tains, and after finding something
really good, and having same surveyed.
it was found to be on private land
AS i general rule, private individuals
offer small inducements to the miner.
and the railroad companies. owning
most of the private surveys, offer none
at ALL
State Law Blocks Development.
This condition is in itself sufficient
to keep out the honest hardy and in
telligent prospector; but there is an
other yet more designed to keep him
out, and that is in addition to the IN
reasonable expense attached to the To-
cation of a mining claim, the final
exOrbitant price per acre demanded by
the state before a complete title is
given
In article s4sSf of the present min
ing law it prescribes that all mineral
lands shall be sold at such price as
max be fixed by the land commission
err but in no event shall the same be
sold at a price less than s25 per acre,
nor until he has asc ertained approx
mately their value; provided. that no
person. firm or corporation or associa-
= =
locate or file on more than five claims
of q acres within a radius of five
miles"
Resources Lie Dormant.
This article assures the prospector
that he viii have to pay a minimum Of
at least s25 per acre for his claim,
and as much more as a wise land COM
missioner may determine the claim to
be worth in a mineral way; in other
words, if the prospector should discov-
er a bonanza. which is the everlasting
hope OF all good prospectors, he is as
sured by law that the state may
impose an impossible price for his find
and location. and thus in fact, take
it away from him. Is it any wonder
that the mineral resources of Texas
are lying dormant?
To open UP and develop the possible
mineral wealth of Texas. the laws and
regulations must be made such as to
make the field an attraction to the
prospectCr; a field where, If he finds
valuable lodes or deposits of mineral
he is not required by law to pay an
exorbitant price for the land and where
he knows his find and location will
be protected; that is all the reward
he asks for the hardships that belong
to the prospector's work.
UoI,,a ;T,a-.T
One has only to glance at the enor-
nous development that has taken
place in Colorado. Utah. Arizona,
Idaho, Nevada California and Alaska
to be convinced that in the search for
and development of mineral wealth,
liberal laws and protection for the
prospector is the keynote for the de-
velopment of mining districts.
The United States mining laws. sup
plemented by state and territorial
statutes and, to a great extent still
existing local rules in many mining
districts, are a long way from being
perfect, and mining societies have in
recent years presented resolutions to
congress for revision and improve
ment; but, Notwithstanding all that it |
is extremely doubtful if more restrict
ed and definite laws would have been
so conducive to the mineral develop
ment Of the western states; nay, more !
than that. it is highly probable that I
because of these laws, and local rules /
adopted by the prospectors /
this great development /
was made possible, and induced the in 1
trepid explorer to go out into the wilds
Of the Rockies. fight indians. cold and /
and untold sufferings from (
thirst and alkali dust in the deserts. /
The prospectOr is the real pioneer of I
the west: he and his burro. After him !
came the engineers. the capitalists. the /
mine promoter, the homesteader. the /
real estate parasite. and all the rest /
Of good and evil things which follow |
IN the wake of a rich strike" in a /
new country; and eventually there /
grew railroads. cities and towns. fruit
full farms and profitable stock ranch
IS. But the prospector does not get /
The credit he is justly entitled to as
the advance agent of civilization. |
Those who have never been on a real !
prospecting trip in the Rockies or
Sierras. who have never crossed Death
valley for instance. walking day after
lay with a parched throat splitting
he alkali dust out of your teeth. and
he reflection of a blazing sun on
glaring surface burning the eyes out
# vOur head hundreds of mi1ae fro,,o (