But in Mexico it is different. Not that the legal formalities are lacking—far from it—but the whole theory of mines and mining is different. In Mexico a mining title is, in a way, a lease, a concession from the general government giving the concessionaire the right to work a certain piece of ground and to hold it as long as he pays a mining tax of three dollars an acre per year.
But no final papers or patents are ever issued, the possession of the surface of the ground does not go with the right to mine beneath it, and in certain parts of Mexico no foreigner can hold title to either mines or land.
A prohibited or frontier zone, eighty kilometers in width, lies along the international boundary line, and in that neutral zone no foreigner can denounce a mining claim and no foreign corporation can acquire a title to one. The Eagle Tail was just inside the zone.
But—there is always a "but" when you go to a good lawyer—while for purposes of war and national safety foreigners are not allowed to hold land along the line, they are at perfect liberty to hold stock in Mexican corporations owning property within the prohibited zone; and—here is where the graft comes in—they may even hold title in their own name if they first obtain express permission from the chief executive of the republic.
Not having any drag with the chief executive, and not caring to risk their title to the whims of succeeding administrations, Hooker and De Lancey, upon the advice of a mining lawyer in Gadsden, had organized themselves into the Eagle Tail Mining Company, under the laws of the republic of Mexico, with headquarters at Agua Negra. It was their plan to get some Mexican to locate the mine for them and then, for a consideration, transfer it to the company.
The one weak spot in this scheme was the Mexican. By trusting Aragon, Henry Kruger had not only lost title to his mine, but he had been outlawed from the republic. And now he had bestowed upon Hooker and De Lancey the task of finding an honest Mexican, and keeping him honest until he made the transfer.
While the papers were being made out there might be a great many temptations placed before that Mexican—either to keep the property for himself or to hold out for a bigger reward than had been specified. After his experience with the aristocratic Don Cipriano Aragon y Tres Palacios, Kruger was in favor of taking a chance on the lower classes. He had therefore recommended to them one Cruz Mendez, a wood vender whom he had known and befriended, as the man to play the part.
Cruz Mendez, according to Kruger, was hardworking, sober, and honest—for a Mexican. He was also simple-minded and easy to handle, and was the particular man who had sent word that the Eagle Tail had at last been abandoned. And also he was easy to pick out, being a little, one-eyed man and going by the name of "El Tuerto."
So, in pursuance of their policy of playing a waiting game, Hooker and De Lancey hung around the hotel for several days, listening to the gossip of Don Juan de Dios and watching for one-eyed men with prospects to sell.
In Sonora he is a poor and unimaginative man indeed who has not at least one lost mine or "prospecto" to sell; and prosperous-looking strangers, riding through the country, are often beckoned aside by half-naked paisanos eager to show them the gold mines of the Spanish padres for a hundred dollars Mex.