The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1916-11-09


to be.
This doubtless sounds like strange
statement from a lawyer, and about
seven years ago 1t would have been
and the writer would have been one
of the last to make 1t. We are how
ever, undergoing a period of changes
in our laws and their Interpretation
and seven years of fighting for the
rights of clients, in the courts and
departments, and before the commit
tees of congress have demonstrated
the truth of the above statement.
Chaotic Condition Concerning Rights
ing precedent, custom, the constitu-
ton Of the United States, the rights
of the states and the attitude of the
departments in refusing to follow the
law, in making and changing rules
and regulations at will, has thrown
into absolute chaos the rights of those
who would develop minerals. Nobody
can advise person exactly as to his
rights. Even one who has been
through the fight. can at best but ad-
wise how a client can avoid many
pitfalls, and qualify himself to get the
best kind of rights under the theories
which will probably be enacted into
law.
That theory of law win doubtless
be based upon lease, reserving title
in the federal government, vesting
vast arbitrary discretion in Washing
ton department officials, controlling
lands within the states by and through
political appointees. and reserving, to
the federal government, high rate
of royalty or rent upon. the product.
1t is true that at present there Is only
an avowed attempt to extend the leas-
ing system to OIL gas, coal, phosphate
and potash, but eventually, If success
full in this, the law will be extended
to include all minerals and all rights
to the public resources, including wa
ter, timber, grazing and agricultural
lands.
Feudal Landlordism vs.. State Rights.
May l now direct your attention to
a very brief statement of historical
facts which have had and will have
a bearing upon any law that is passed?
You will recall that our forefathers
came to this country. to escape from
not only religious and political per-
secution, but also the evils and bur-
dens of tenantry, or being mere les
sees of a feudal landlordism. Our
forefathers on this continent rebelled
against the efforts of England to re-
establish in measure similar sys-
TENS in this country. The confeder-
alton was not the success hoped for,
but the colonists successfully and most
jealously guarded their rights of free
dom of land ownership and independ-
ence in government. The question
uppermost In the minds of the colo
nists in establishing the United States
was: How could they establish a
closer union, yet preserve the inde-
pendence of all the states and of all
the people, prevent landlordism by
the federal government, and prevent
the federal government from interior
in with the rights of the states to
govern their own people and in time
to tax all of the land within the state
for the upkeep of state government
and institutions?
You will remember that Massa-
chusetts, Connecticut New York,
Pennsylvania, South Carolina, North
Carolina, Georgia and Virginia all
claimed land in the great unknown
vest, and that some of them claimed
from ocean to ocean. Virginia ana
other states fought to the last for
their rights, demanding that public
land to be held merely in trust to be
sold and to be formed into states, and
the union of states agreed to the de-
mands of Virginia. / now quote GER
tain parts from the deed of Virginia
to show the reservations to the prop
erty in lands decided and ceded to the
federal government This deed was
accepted by congress on March /,
1884:
1.-The states so formed shall be dis
tinct republican states, and admitted
members of the federal union; having
the same rights of sovereignty, free
dom and independence as the other
states,-all the lands within the terri
tory so coded to the United States shall
be considered as common fund for
the benefit of such of the United
States,--shall be faithfully and bona
fide disposed of for the purpose and
for no other use or purpose whatso-
ever"
The other states claiming lands in
the west made similar restrictions in
their deeds.
We must remember that California
and every other western state within
whose boundaries minerals are found
was admitted into the union with the
following reservations in the act Of
admission: "They shall never lay any
tax or assessment of any description
whatever upon the public domain OF
the United States"
Should the federal government con-
tinue its usurpation Of power, and
continue to interfere with the right: