The copper era and Morenci leader., 1919-10-17
THE SHOOT BILL EXPLAINED
House of Representatives
Washington. D. c. Sep 3C


 MT. s. c. Swift, Secretary Democratic Central Committee, Clifton, Arizona. My dear MT. Swift:
 Upon receipt Of yours of September 9th, I took up with secretary of the Interior the questions raised in your letter regarding the Smoot Bill which recently passed the Senate, and am attaching hereto a communication | have just received from him which is self-explanatory. In the event that this bill becomes a law it is Secre- tary Lane's opinion that such claims existent at the date of the passage of the act would not be null and void, but would Aave a preference right to apply for and secure a pros pecting permit for the lands so oc- cupied and claimed under the pendingI legislation. Secretary Lane also points out that the provisions of the Shoot Bill would afford an opportun- ity to obtain a patent for existing claims upon discovery of oil in the manner now provided for by law. hi view of the foregoing I do not be- lieve that you should exercise any fear as to the possibility of such in justices, as you mention, resulting in the passage of this bill.
 This bill, S. 2775 (copy which I am enclosing,) is now under consideration by the House Committee on Public Lands and will probably be reported to the House within the next two weeks. I am no longer member of the Committee on Public Lands, but I imagine that the committee will recommend but little change in the general provision of the bill.
 With all good wishes, I am sincerely,
 CARL HAYDEN.
 Department of the Interior,
 Washington, Sep. 26, 1919 My dear MT. Hayden: I am in receipt of your letter of Sep tember 19, 1919, inclosing communi-I cation from Mr. S. c. Swift, opposing the general leasing biI on the ground that it will interfere with placer min ing locations heretofore made. T note your request for information which will, enable you to reply to MT, Swift's letter
 $. 27T5 as passed by the Senate pro vides. in section 3T, that after the ap- proval of the act the deposits describ- ed therein shall in future be subject to disposition only in the manner pro vided in the act. viz. under permit or lease, except as to valid claims i existent at the date of the passage of l this act and thereafter maintained in l compliance with the laws under which initiated. which claims may be perfect ed under such laws, including dis ! covery."
 The Pickett Act, so called, of June I g. 1910, protects against withdrawal locations ufon Mhich the claimants are diligently engaged in work look ing to the discovery of oil or gas up on the land. provided that such work | is continued until discovery is made I Apparently, locators who have com T piled with this and other features ot the mining law at the time of the passage of the general leasing bill, il it be passed, and who continue in the diligent prosecution of work to dis covery of oil or gas, would be entit led patents under the general min ing laws. If however, they are holding under locations upon which discover has not been made, or are not workins with practical continuity upon theil ! claims, they would apparently not bt ! entitled to maintain and perfect same under the general mining laws afte, the enactment of the leasing measure Section 19 of this measure, however as passed by the Senate, would give any person, who, on January l 1919, was a bona fide occupant o claimant of lands, and who had per .l formed all the necessary acts of loca tion. preference right to apply fo and secure a prospecting permit fo the lands so occupied an1 claimed.
 It would seem that the Dill in tht sections named povides reasonable protection to those who in good faitl have initiated claims heretofore upo1 lands of this character.
 The placer mining laws, as is al most universally conceded, are no adapted to the location and develop ment of oil and gas claims, and i would seem that the pending measure with it's provisions for the issuance O prospecting permits for the protection of the explorer, would be very mucf preferable from the standpoint O those who are seeking to discover oi in wildcat territory.
 MT. Swift's letter is. herewith re turned.
 Cordially yours,