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

longed. Under the constraint of neces-
sity, a ranchman in need of a rope,
bound together the fiber of cactus
plant growing upon the rocky noun
tain side, and straightway the state
passed another act reserving the
lechuguilla.
Such a penurious spirit on the part
of the state becomes ludicrous in the
light Of all the facts. About five years
ago the state sold all of this guayule
which 1t had attempted to reserve. on
all of its lands in the state where
guayule is to be found. consisting of
about 100000 acres, for the paltry
sum of s125,OO0, or at an average price
of cents per acre.
Rather than allow to settlers an
added value of 3 cents per acre on
their lands, the Legislature imposed
upon their title this additional cloud.
to say nothing of the damage and an
noyance oceasioned by third parties
entering upon their premises and dis
turbing their quiet and peaceable pos
session thereof And still less can be
said of the value of the 1echuguilla.
state without authoritative figures,
but without fear of contradiction, that
although there are hundreds Of thou
sands of acres of this cactus in the
west, not $4,000 worth has ever been
sold in this state. Not only does the
state lay claim to these plants, and
others, but the settler is forbidden,
under penalty of law, from disturbing
or removing them from his own land
Unjust Burdens Imposed.
In the name of Justice and equity.
I would ask of our legislature what
right it is willing to concede to the
man who in good faith has paid his
money for this land and for at least
three years has been compelled to sub
ject himself and family TO the isola-
ton. privations and hardships neces-
sarily incident to this pioneer life.
The state claims the weeds that grow
upon the surface and the rocks to be
found beneath. 1t is with fear and
trembling that the settler spends his
own money to establish improvements
or to even develop the waters beneath
the earth, for should they contain
minerals (heaven forbid. they, too,
are liable to confiseation by an ever
watchful legislature.
1 herewith give a list of those min
eral substances claimed by the state:
''Yeins or lodes of quartz or other
rocks in place bearing silver. cinnabar,
lead, tin. copper or other valuable met
ais. all forms of metallic substances,
kaolin. baryta, salt marble, fire-clay.
iron ore, coal, oil, natural gas, gyp-
sum, nitrates, mineral paints, ashes
tos, marls, natural cement. clay. onyx,
mica, precious stones and stones valu-
able for orna mental purposes. or other
valuable building material" 1 don't
think the state omitted anything, nor
do I believe there is a single section
OF. land in the entire west where some
80 ,l1<.&- r,0%h af
in small quantities; almost every COM
ponent part of the earth's formation is
And where the commissioner has
classed the land as mineral should
any one of them be unearthed in later
years. though it be at the expense and
effort Of the individual owner, or
should some outsider conceive a notion(7
that they existed upon his premiseE
he would not only lose the SUBSTANCE
itself if it were of sufficient value
10 attract buyer. but his premisas
would be invaded, the sanctity of HE
home would be liable to dissertation
his occupancy be shared by countless
co-owners, his houses torn down, hi%
fields destroyed and the handiwork
OF years be laid to waste. II
Another Foolish. Restriction.
Let me mention just one other NATL
ter: BY legislative act, the commisI
sioner Of the general land office is fori
hidden to recognize the sale by onf-
Of its vendees of any portion of trad.
less than the entire tract in which (.
was purchased. To illustrate-Ys
after buying a section of land frd
the state. wished to sell 40, so, liz
800, or any portion thereof, the COZ
missioner would have no authority T.
recognize such sale at Austin, anG
could not give perfect title. SUCK
policy precludes the possibility Of
ling up the country with small II