tion three, is known to exist within the boundaries of a placer claim, an application for a patent for such placer claim which does not include an application for the vein or lode claim shall be construed as a conclusive declaration that the claimant of the placer claim has no right of possession of the vein or lode claim; but where the existence of a vein or lode in a placer claim is not known, a patent for the placer claim shall convey all valuable mineral or other deposits within the boundaries thereof.

SEC. 19. Chief of the Philippine insular bureau of public lands to appoint deputy mineral surveyors.-The chief of the Philippine insular bureau of public lands may appoint as many competent deputy mineral surveyors as shall apply for appointment to survey mining claims. The expenses of the survey of vein or lode claims and of the survey of placer claims, together with the cost of publication of notices, shall be paid by the applicants, and they shall be at liberty to obtain the same at the most reasonable rates, and they shall also be at liberty to employ any deputy mineral surveyor to make the survey. The chief of the Philippine insular bureau of public lands shall also have power to establish the maximum charges for surveys and publication of notices under this act; and in case of excessive charges for publication, he may designate any newspaper published in a province or military department where mines are situated, or in Manila, for the publication of mining notices, and fix the rates to be charged by such paper, and to the end that the chief of the bureau of public lands may be fully informed on the subject, such applicant shall file with the provincial secretary or adjutant-general, as the case may be, a sworn statement of all charges and fees paid by such applicant for publication and surveys, and of all fees and money paid the provincial treasurer or the collector of internal revenue, as the case may be, which statement shall be transmitted, with the other papers in the case, to the secretary of the interior for the Philippine Islands.

SEC. 20. Verification of affidavits.-Contests as to mineral or agricultural character of land.-All affidavits required to be made under this act may be verified before any officer authorized to administer oaths within the province or military department where the claims may be situated, and all testimony and proofs may be taken before any such officer, and, when duly certified by the officer taking the same, shall have the same force and effect as if taken before the proper provincial secretary or adjutantgeneral. In cases of contest as to the mineral or agricultural character of land, the testimony and proofs may be taken as herein provided on personal notice of at least ten days to the opposing party; or if such party can not be found, then by publication of at least once a week for thirty days in a newspaper, to be designated by the provincial secretary or the adjutant-general of the military department, as the case may be, as published nearest to the location of such land, and in two newspapers published at Manila, one in the English language and one in the Spanish language, to be designated by the chief of the Philippine insular bureau of public lands; and the provincial secretary or adjutant-general of the military department shall require proofs that such notice has been given.

SEC. 21. Intersecting veins.—When two or more veins intersect or cross each other, priority of title shall govern, and such prior location shall be entitled to all ore or mineral contained within the space of intersection; but the subsequent location shall have the right of way through the space of intersection for the purposes of the convenient working of the mine. And where two or more veins unite, the oldest or prior location shall take the vein below the point of union, including all the space of intersection.

SEC. 22. Patents for nonmineral lands.-Mill sites.-Where nonmineral land not contiguous to the vein or lode is used or occupied by the proprietor of such vein or lode for mining or milling purposes, such nonadjacent surface ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith, subject to the same preliminary requirements as to survey and notice as are applicable to veins or lodes; but no location of such nonadjacent land shall exceed five acres, and payment for the same must be made at the same rate as fixed by this act for the superficies of the lode. The owner of a quartz mill or reduction works, not owning a mine in connection therewith, may also receive a patent for his mill site, as provided in this section.

SEC. 23. Conditions of sale that may be made by the United States Philippine Commission, or its successors. As a condition of sale, the United States Philippine Commission, or its successors, may provide rules for working, policing, and sanitation of mines, and rules concerning easements, drainage, water rights, right of way, right of government survey and inspection, and other necessary means to their complete development not inconsistent with the provisions of this act; and those conditions shall be fully expressed in the patent. The Commission is hereby further empowered to fix the bonds of deputy mineral surveyors.

SEC. 24. Vested rights to use of water.-Right of way for canals and ditches.-Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.

SEC. 25. Patents subject to vested and accrued water rights.—All patents granted shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.

SEC. 26. Land districts and officers, power of Commission to provide.-The United States Philippine Commission, or its successors, are authorized to establish land districts and provide for the appointment of the necessary officers wherever they may deem the same necessary for the public convenience, and to further provide that in districts where land offices are established, proceedings required by this act to be had before provincial or military officers, shall be had before the proper officers of such land offices.

SEC. 27. Entry of coal lands.-Every person above the age of twenty-one years, who is a citizen of the United States, a native of the Philippine Islands, or who has acquired the rights of a native of the Philippine Islands under and by virtue of the treaty of Paris, or any association of persons severally qualified as above, shall, upon application to the proper provincial treasurer or adjutant-general, have the right to enter any quantity of vacant coal lands of the Philippine Islands, not otherwise appropriated or reserved by competent authority, not exceeding one hundred and sixty acres to such individual person, or three hundred and twenty acres to such association, upon payment to the provincial treasurer or the collector of internal revenue, as the case may be, of not less than ten dollars per acre for such lands, where the same shall be situated more than fifteen miles from any completed railroad or available harbor or navigable stream, and not less than twenty dollars per acre for such lands as shall be within fifteen miles of such road, harbor, or stream: Provided, That such entries shall be taken in squares of forty or one hundred and sixty acres in conformity with the rules and regulations governing the public-land surveys of the United States in plotting legal subdivisions.

SEC. 28. Preemption of coal lands.-Any person or association of persons severally qualified as above provided, who have opened and improved, or shall hereafter open and improve, any coal mine or mines upon the public lands, and shall be in actual possession of the same, shall be entitled to a preference right of entry under the preceding section of the mines so opened and improved: Provided, That when any association of not less than four persons, severally qualified as above provided, shall have expended not less than five thousand dollars in working and improving any such mine or mines, such association may enter not exceeding six hundred and forty acres, including such mining improvements.

SEC. 29. Preemption claims of coal lands to be presented within sixty days.-All claims under the preceding section must be presented to the proper provincial secretary or adjutant-general within sixty days after the date of actual possession and the commencement of improvements on the land, by the filing of a declaratory statement therefor; and where the improvements shall have been made prior to the expiration of three months from the date of the passage of this act, sixty days from the expiration of such three months shall be allowed for the filing of a declaratory statement, and no sale under the provisions of this act shall be allowed until the expiration of six months from the date of the passage of this act.

SEC. 30. Only one entry allowed.-The three preceding sections shall be held to authorize only one entry by the same person or association of persons; and no association of persons, any member of which shall have taken the benefit of such sections, either as an individual or as a member of any other association, shall enter or hold any other lands under the provisions thereof; and no member of any association which shall have taken the benefit of such section shall enter or hold any other lands under their provisions; and all persons claiming under section twentyeight shall be required to prove their respective rights and pay for the lands filed upon within one year from the time prescribed for filing their respective claims; and upon failure to file the proper notice or to pay for the land within the required period, the same shall be subject to entry by any other qualified applicant.

SEC. 31. Conflicting claims.-In case of conflicting claims upon coal lands where the improvements shall be commenced after the date of the passage of this act,

priority of possession and improvement, followed by proper filing and continued good faith, shall determine the preference right to purchase. And also where improvements have already been made prior to the passage of this act, division of the land claimed may be made by legal subdivisions, which shall conform as nearly as practicable with the subdivisions of land under the United States system of publicland surveys, to include as near as may be the valuable improvements of the respective parties. The United States Philippine Commission, or its successors, are authorized to issue all needful rules and regulations for carrying into effect the provisions of this and the four preceding sections.

SEC. 32. Salt and saline lands.—Whenever it shall be made to appear to the secretary of any province in the Philippine Islands, or, if there is no provincial secretary, to the adjutant-general of the commander of the military department including any province, that any lands within the province or department are saline in character, it shall be the duty of said provincial secretary or adjutant-general, under the regulations of the United States Philippine Commission, or its successors, to take testimony in reference to such lands, to ascertain their true character, and to report the same to the secretary of the interior for the Philippine Islands; and if, upon such testimony, the secretary of the interior shall find that such lands are saline and incapable of being purchased under any of the laws relative to the public domain, then and in such case said lands shall be offered for sale at the office of the provincial secretary or adjutant-general of the province or department in which the same shall be situated, as the case may be, under such regulations as may be prescribed by the United States Philippine Commission, or its successors, and sold to the highest bidder, for cash, at a price of not less than one dollar and twenty cents per acre; and in case such lands fail to sell when so offered, then the same shall be subject to private sale at such office, for cash, at a price not less than one dollar and twenty cents per acre, in the same manner as other lands in the Philippine Islands are sold. All executive proclamations relating to the sales of public saline lands shall be published in only two newspapers, one printed in the English language and one in the Spanish language, at Manila, which shall be designated by the secretary of the interior.

SEC. 33. Grants of lands to provinces or corporations not to include mineral lands.-No act granting lands to provinces or corporations to aid in the construction of roads, or for other purposes, shall be so construed as to embrace mineral lands, which, in all cases, are reserved exclusively, unless otherwise specially provided in the act or acts making the grant.

SEC. 34. Perfected Spanish concessions.—Nothing in this act shall be construed to affect the rights of any person, partnership, or corporation, having a valid perfected mining concession granted prior to April 11, 1899, but all such concessions shall be conducted under the provisions of the law in force at the time they were granted, subject at all times to cancellation by reason of illegality in the procedure by which they were obtained, or for failure to comply with the conditions prescribed as requisite to their retention in the laws under which they were granted: Provided, That the owner or owners of every such concession shall cause the corners made by its boundaries to be distinctly marked with permanent monuments within ninety days after this act has been promulgated in the Philippine Islands, and that any concessions the boundaries of which are not so marked within this period shall be free and open to exploration and purchase under the provisions of this act.

SEC. 35. Mining rights acquired only under this act henceforth.-Mining rights on public lands in the Philippine Islands shall, after the passage of this act, be acquired only in accordance with its provisions.

SEC. 36. The Commission empowered to establish a mining bureau.-The United States Philippine Commission, or its successors, are hereby empowered to establish a mining bureau, which shall discharge the duties prescribed for the "Inspección de Minas" by the laws in force in the Philippine Islands prior to April 11, 1899, with reference to all perfected Spanish concessions, and shall discharge such further duties, not in conflict with the provisions of this act, with reference to the mineral wealth and the development of the mining industry in the Philippine Islands, as the United States Philippine Commission, or its successors, may provide: Provided, That all proceedings for the cancellation of perfected Spanish concessions shall be conducted in the courts of the Philippine Islands having jurisdiction of the subject-matter and of the parties, unless the United States Philippine Commission, or its successors, shall create special tribunals for the determination of such controversies.

SEC. 37. When act takes effect.-This act shall take effect on its passage.

APPENDIX A.

A HISTORY OF THE FEDERAL PARTY, BY DR. T. H. PARDO DE

TAVERA.

THE FEDERAL PARTY.

The political event of greatest importance next to the organization of the Filipino revolutionary government and the outbreak of hostilities with the United States has undoubtedly been the establishment of the Federal party-the first to be born and develop in the Philippines under the protection of law and in accordance with the new right of freedom of association and of the press which the Government of the United States has guaranteed to the natives of the archipelago.

In view of the greatly disturbed condition of the country after the 4th day of February, 1899, it was not easy to foresee when a political party could be formed, and it appeared impossible to arrange a peace proposition which would induce the Filipinos to acknowledge American sovereignty. A policy of government based principally upon the most absurd intolerance which had obtained in the Philippines for more than three centuries until the arrival of the Americans, has established in the minds of the Filipinos the deep-rooted conviction that an alien sovereignty could come with no other object in view than an iniquitous exploitation and that it could be maintained by no other means than a selfish and absorbing government founded upon civil intolerance, religious medievalism, and inexorable military power-the triple alliance which the previous government relied on.

The successes of the Union Army in the war convinced the Filipinos that there was a superior force which would annihilate them; but these successes could not prevent the people-bleeding and without strength-from tenaciously continuing a suicidal struggle to escape the new slavery which they so greatly feared, even though it were at the cost of death. An attempt was made as far back as the outbreak of hostilities in February, 1899, to organize a party that would accept American sovereignty, for the purpose of securing peace and permitting the Filipinos enjoying it to petition the United States, through lawful channels, for all those rights and liberties they wished to obtain.

The Filipinos knew the United States only through the proclamations, speeches, and ordinances of the Spanish authorities, and through the articles published in the Spanish press, all of which tended to convince them that the sovereignty of the United States would endanger not only their liberty, but also the civilizing influences of religion, and even their families. They also diffused the idea of the absolute weakness and impotency of the United States to make war on the Filipinos. Such was the true reason for the great lack of confidence felt toward the United States and of the absolute certainty which the Filipinos P C 1901-PT 1—11

161