futile efforts of the holders of the Spanish mining concessions from the Crown of Spain. They did not systematically work or develop any field or deposit, and the few representatives of foreign capital who had obtained in later years of Spanish domination concessions for gold mines and other mineral deposits were interrupted by revolution and war before their plans could be carried to completion and without reference to other causes of failure, in part due to burdensome laws and regulations, scarcity of skilled mining labor and an unwise and impractical expenditure of working capital.

The present condition is therefore not unlike that of 1844, wherein we find the inspector-general of mines saying to the governor-general, "It seems incredible that, notwithstanding it is now more than three centuries since the Philippines were discovered, their mineral wealth is yet unknown. However, nothing is more certain."

upon

In this connection, and as bearing directly upon the pressing necessity for a mining code in these Islands, it may be truthfully said that for many months last past, and in every part of the archipelago, the miners and prospectors have preceded the soldiers. We have had reports from nearly every island, either directly through the miner and prospector himself, or through the officers of the Army who have come upon these hardy pioneers in the most unexpected locations. From every portion have come words of encouragement, and the many samples and specimens that have been seen and examined in this department have convinced us that the mining industry in the Philippines is destined at no distant day to exceed in volume and extent the anticipations of the ultra conservatives, if it does not equal the glowing promises of the oversanguine. There are gold, copper, lead, iron, coal, sulphur, granite, marble, and petroleum whose existence in paying quantities has now been clearly established, thanks to the pioneer of civilization the miner and prospector-although no discovery has been reported that warrants the exaggerated idea of wealth lying loose the surface, to be gained by the mere stooping and picking it up. The influence of the miner and prospector has made itself felt in these islands, repeating the history of our own great West, where the miner blazed the trail for the Army to follow, and with dangers and risks untold, with perseverance and zeal challenging admiration, and with an inherent sense of right and justice, created laws and summary tribunals and made possible the organization and perfection of the great mineral-producing States of the West. Less demonstrative and less heard of by the general public, the natives have also taken an interest in the discovery and development of the mineral wealth of their own country, and it has been with sincere regret that this bureau has felt the necessity of rejecting their applications for recognition under the Spanish mining laws in the same manner as it has had to reject those presented under the United States mining laws. These two classes of people are asking and demanding a mining code. Both are entitled to careful consideration, and while it may be a question of great importance as to what code will best serve the purposes of this country, where there are so many conditions and difficulties confronting the miner that are unknown in the United States, and some of which are purely local and only met with in this community, I am sure that I make no mistake in saying that whether Congress shall see fit to adopt the United States mining laws or those of the Spanish Government, or a modification of either system, the mining industry will develop under any law

which gives reasonable freedom to prospectors, security in possession, and reasonable regulations without excessive and practically prohibitive taxes and charges for timber necessary for use in mining.

In a report to the United States Philippine Commission of November 3, 1900, we say: "The owners of the Spanish grants-such as are valid are entitled to protection of their property; they are entitled to a tribunal in which their validity can be examined and determined. All interests are entitled to a code of mining laws. A special knowledge of these conditions must be had, and that only can be speedily had by those who are on the ground. It is not for me to suggest ways and means. I simply state that the demand for a mining law is urgent. That law should be a comprehensive code especially adapted to the conditions existing here, and that the adoption of any other code than one so prepared would be detrimental to the best interests of this country and the United States." I have no desire to modify any portion of the above statement, and I may add that it is my opinion based upon my examination of conditions existing in this archipelago, and upon the knowledge that has been gathered in this department in reference to the actual mineral resources of the archipelago, and the necessity for their development, that any law, whether it be the old Spanish code or the general mining laws of the United States, even without the aid of local State and Territorial laws and regulations, would be better than the present condition. From all that I have been able to learn after a careful study of the Spanish mining laws the records, archives, and reports, both general and special, of the archipelago, made under Spanish administration, and from the examination of hundreds of specimens of supposed mineral formations brought to the bureau by prospectors upon the public. domain, I can see no reason for exaggerated ideas of a possible combination for the control of the large valuable tracts of mineral lands to the exclusion of the rights of the people of the Philippines.

Mining is not different here from the like industry in other parts of the world, and the fact that the right to hold mining lands, and that, too, whether it be under the absolute title under the United States mining laws or under a conditional title of possession under the Spanish laws, depends primarily upon the discovery of mineral and subsequent development, and in all cases requires a considerable amount of original and organized effort for their development and working, furnishes a sufficient guaranty of protection to all interests.

The development of the mining industry in the Philippines is one that is closely connected with the future and early prosperity of the archipelago. The products of the mines are needed to a large extent for home consumption, and the people in many parts of the archipelago are in need of employment. Roads and bridges, a prime necessity, are being constructed, rendering new countries accessible, and with it creating the necessity for the increase of internal productions, and in this the mineral resources of the islands should take part, and they would do so if the opportunity were given them. The introduction of civil government and a new and revised system of taxation is clearly outlined and promised, and all of these interests combined unite to demand an early adoption of a mining code. It is not possible to explain in detail so as to enable a legislative body at a distance to provide for the various interests, so many of which are entirely unknown under our laws and republican form of government in the United States,

without the publication of many volumes of special reports covering the history of the past and entering into elaborate and detailed conditions of the present. For this reason, as well as many others, this department has been and is strongly of the opinion that the mining code should be provided by a legislative body in the Philippines having a special knowledge of existing conditions and the nature of the laws required to accomplish the greatest good to the greatest number. If anything were needed to emphasize the pressing necessity for a mining code in addition to that already suggested, it is found in the fact that already very many locations have been made upon public and private lands by American miners and prospectors, who have located their claims in accordance with the general provisions of the United States mining laws, obtaining record for them in mining districts established by themselves, and provided with a recorder, in accordance with the system so well known and understood in the mining States of the United States. In some instances we are advised records have been obtained for these documents in offices under the administration of the United States military government, not for the purpose of parting with the title or for placing an encumbrance upon the land, but as a memorandum only for the convenience and accommodation of miners and prospectors. To this has been added a similar accommodation in at least one of the governments organized under the civil government act, wherein the provincial officials are said to have provided for these records, also as an accommodation, advising the miners that their locations should be made in accordance with the provisions of the United States mining law and subject to the provisions of such law as should be enacted hereafter. Blank forms for location notices have been printed by miners and prospectors, and on many occasions these papers, bearing certificates and indorsements of alleged validity, have been presented at this office for recognition and for a similar record of convenience; all of which, as we have already said, this bureau has felt under the necessity of refusing to accept, and as uniformly refused to give any recognition. Similar documents and papers have also been prepared and presented to this bureau in the hands of prospective purchasers of these claims and asking that they be filed, but not recorded; this has also been declined, but it is a matter well known and understood in this bureau that contracts have been executed and quit-claim deeds made upon such papers and in some, if not many, instances money has been advanced under the impression that they were purchasing mining rights of real value. It can be seen by the most casual observer that an end can be put to these practices only by means of a code of mining laws and at the same time that the delay in the adoption of such code only serves to increase the already existing complications under the Spanish mining law.

While it is true that the doctrine of caveat emptor applies to all of these purchases and sales, yet the fact that it is possible for such things to exist and that, despite the clearly enunciated decision of the Attorney-General of the United States, of September 8, 1900, they obtain semiofficial recognition demonstrates not only the necessity for a mining code, but for the early establishment of offices wherein lawful and proper records may be made and which will be clearly and fully understood. This office makes no reflection upon the action of either the military or civil officials, nor upon the action of miners and prospectors in the organization of mining districts and the provisions

made therein for local records of their claims; we state existing conditions for the purpose of indicating the necessity and demand for a mining law and for the information of those who are charged with the public duty of providing for the public needs by suitable legislation. Again, a similar practice has been, in a measure, sanctioned by the action of Spanish officials prior to American occupation of this archipelago. Again and again have applications been made to this depart ment for the issuance of certificates, stating that the petitioner or applicant was the owner of certain mines, as appeared from the records of the inspección general de minas, the alleged claimants having either lost their titles, neglected their proper issuance and record, or failed to secure the granting and issuance of completed titles from Spain. Great disappointments have been expressed when these applications have been refused in this department. There was no authorization for such instruments and certificates and they had no validity whatever for the purpose of establishing titles to mining property; yet it is within the knowledge of this department that such certificates were issued by Spanish officials and that they have been used as the basis and foundation for the execution of notarial conveyances wherein the certificates of the officials are quoted in full and as evidences of an alleged valid title, and thereby an apparent ownership established.

A COURT OF LAND CLAIMS:

This department discovered the practice last above referred to nearly a year ago and for that and for other reasons, confirmed by the subsequent examination of titles, we have recommended and again recommended the establishment of a court for the trial of the questions of title relating to mines of every kind, nature, and description, before which tribunal both written and oral testimony shall be taken and the burden of establishing a legal title shall be borne entirely by the claimant; and with a provision in the law establishing such court that all claims of every kind affecting the titles to mines not presented and filed in said court within a limited length of time shall be forever barred.

Coincident with the demand for a complete and comprehensive mining code and depending in a large degree upon the same reasoning is the demand for a special court with jurisdiction along the lines indicated; nor do I believe that it is desirable to lose valuable time by the creation of a commission with limited jurisdiction for the purpose of passing upon Spanish titles. The experience of the United States in territories acquired under previous treaties where Spanish mining laws and land grants have been in vogue, has demonstrated the absolute necessity of the eventual establishment of such general land courts, and, if this has been found true, as it has, within the present territorial jurisdiction of the United States on the Americar continent, it is much more applicable and pertinent to this archipelago, where the mining and land laws have been less understood apparently than any other branch relating to the title and ownership of property and correspondingly subject to abuses.

And again, it is openly charged, and apparently with some foundation, that there are maps and surveys of alleged mining claims in the archives of this department which were made and completed in the inspección general de minas without any actual work done upon the

ground or without actually setting any landmarks, the engineers and draftsmen depending upon other documents and papers found in the archives of the bureau for their data and information. Such charges have not been verified by this department, for the reason not only of the lack of suitable instruments, but also for the lack of opportunity; but that this charge seems to have some foundation in fact, is substantiated by the fact that among the so-called "third-class claims" there are found in some cases elaborately prepared topographical plans and maps that it is morally certain were not made from any actual field work or actual measurements and surveys at the time. It is true that in these latter cases these alleged maps do not bear the official signature of any engineer; but, taken in connection with the statements, apparently well verified, not only of prospectors and miners, but also of employees and officers of the government, that they have made careful search for landmarks and monuments of alleged Spanish claims that upon their face present in the department of mines prima facie evidence of regularity in demarcation, survey, and title, and such search has failed to disclose any landmarks or monuments, and that at the present date no location in fact of these claims can be made upon the ground itself, it gives ground for the suspicion that the demarcation and surveys may not have been made in all instances, as provided by the laws and regulations in force, and emphasizes the necessity for the establishment of such a court as I have suggested and recommended.

This bureau does not believe that the facts warrant a wholesale attack upon all Spanish titles, or an insinuation that all Spanish titles are so tinctured with fraud that they are not entitled to recognition of any kind. On the contrary, up to the time of the Spanish-American war, there is abundant evidence of the conduct of the business of the inspección general de minas by the Spanish inspectors of mines and their employees in conformity with the laws and regulations governing the departments in their charge. The irregularities in the so-called "third-class claims" occurred after the commencement of the SpanishAmerican war.

The owner of a Spanish title regular in form and that has been worked and filed in accordance with the letter and spirit of the law under which said title was granted and issued, and who has complied with the eleven conditions attached thereto as far as the conditions would permit, has nothing to fear in submitting his title and the evidence of the good faith of his holding to the arbitration of a court organized under the principle of the protection of property rights of every kind and regardless of the citizenship of the owner, as provided in the Treaty of Paris, while the decrees and findings of such a tribunal will give that stability to their titles so essential and necessary in order to secure cooperation of capital in the development and working of their property.

THE RESULTS FROM PROSPECTING.

I have referred to the attempts made to locate mining claims on the part of both American miners and prospectors under the American mining laws, and also to the attempts of natives and others to make such locations under Spanish mining laws, and the desire on the part of both to obtain some official or semiofficial recognition therefor. Much time and money has been spent by both these classes, and espe