It is very evident that many minerals not considered to have any commercial value today may prove to be of the greatest industrial value in the future. Furthermore, as we are likely to discover new elements, and new uses for old minerals, the Conservation Act might be made to provide for a payment of 20, 30, or even 60 percent of the total value of the mineral as taken from the ground in royalty to the Government of the United States, exactly as the South African Government exacts as a royalty 60 percent of the product of all the diamond mines within its territory. This would be a more generous treatment of private owners than was accorded them in some instances in the past. The French crown-deeds read in the Seventeenth Century that gold, silver, lapis-lazuli, etc, should belong exclusively to the crown. In reality, the Government should only sell to private owners what is in sight on the land and the right to what could be grown on it, not what is below the ground. The franchises of subways and tunnels and all mineral rights should be retained, as well as the right to condemn at a fair valuation any property needed for the development of a mine or a water-power.
The term "mineral" should apply to every substance found in the ground that is either a mineral or an associate of minerals, that is, rock, sand, clay, or even a swamp, that may have a value in the arts, sciences, agriculture, or any other monetary value. The word should be used in its broad sense and not in the more restricted scientific meaning of the word used by mineralogists, which is that a mineral must be a definite mineral compound.
The subterranean waters of the United States are a great and valuable asset of the Nation. Nearly all of our water companies sell water either for power or for consumption. As each owner of a piece of property ought to be entitled to an interest in the water under it, some provision in Conservation should be made for the actual ownership of the waters; not that they can be drained from under the property, for a series of springs could be threatened with ruin if this were done, just as were the famous springs in Saratoga. In other words Government lands should not be robbed of their subterranean waters to be in turn sold to those who have a joint right in them.
THE QUESTION OF LAND TITLES
Franklin McCray
Indianapolis
All the territory west of Mississippi river was acquired by the Government by three means, purchase, conquest, and treaty. This territory, having been obtained by the diplomacy and blood and treasure of our common country, belonged to the people of the whole country, and was held in trust by the Federal Government for them. It was subject only to their call for settlement.
The charge is made that practically all the looting of the public domain is in the Louisiana purchase, the territory wrested from Mexico, that acquired from Great Britain by the Ashburton-Webster treaty in the settlement of our northern boundary line, and that purchased from Russia. This land, being held in trust by the Federal Government for the people and being subject only to their call for actual settlement, it is charged, has been plundered through fraud and corruption of the trustee, the Government of the United States, in collusion with the grantees, who have obtained vast tracts and withdrawn the same from settlement by floating them into a different channel than that for which the Government held them in trust. By this corrupt and fraudulent method, it is charged that these vast estates have been monopolized by corporate greed and accumulated wealth, and that no less than 6,000,000 acres are now being held by two individuals alone within the State of California.
If this be true, then, under a well-settled principle of law, the Government has conferred no title upon such grantees, because fraud vitiates all contracts, and courts of equity have complete power under proper proceedings to follow this property, thus fraudulently obtained, in its labyrinthian processes and seize it by judicial decree, lay its stern hand upon it and restore it to its rightful owners, the people of the United States, and float it anew into the channel of settlement where it rested prior to its spoliation. I suggest that this Congress petition the United States Congress to investigate the titles of these grantees and, if found to be fraudulent, the Department of Justice should be instructed to institute proceedings calculated to restore the land to its rightful owners.