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paying quantities in a placer deposit, locate one such claim for one other person as agent or attorney, and no more in any one mining district.

Provided further, that prior to any such location for another, he shall file for record in the Recorder's office of the mining district a power of attorney authorizing him to make mining locations for the person named therein, which power of attorney must be acknowledged before a Notary or other person having a seal and authorized by law to take acknowledg ments of deeds; and provided further that the person for whose benefit the location is made shall be a citizen of the United States, or shall have declared his intention to become such, and shall within six months after such location file his acceptance of the same, acknowledged in the same manner as the power of attorney aforesaid, with the Recorder of mining claims in the district where mining claims are recorded, and shall perform the amount of labor and improvements required within the time prescribed by law.

Section 2. That on all mining claims located as provided in Section 1 of this act, the assessment work required by law shall be performed on or before the 31st day of December following the date of location, except that on claims located after the 1st day of September in any year the time in which the said assessment work shall be performed, may be extended to and including the 31st day of December of the following year, and no person shall relocate either by him-self or by agent any claim upon which he has failed to perform the said assessment work.

Whereas: Your Memorialists the Thirty-fourth Legislative Assembly of the Territory of New Mexico believing and realizing that all of the provisions of Section 1 of Senator Stewart's bill to amend the Mining Laws of the United States affecting mining locations, if carried into effect would result in great injury to the mining industry of our territory, having as we believe it would a most pernicious effect in the retarding and development of our great mineral lands that are but now attracting the attention of the prospector, miner and capitalist in all parts of the United States and which we most earnestly believe our duty to be the fostering and protection of, to the fullest extent of our power; to the end that all may come and enter into and enjoy to the greatest amount any benefits arising from a liberal and just consideration of their claims in the acquirement of mineral lands.

Therefore we most earnestly protest against any influence that would in our estimation detract from or prevent the enjoyment of the fullest privileges allowed by the Mining Laws

of our country to all who are interested in the development of the mineral resources of the United States.

Whereas: It appears that according to section 2 of said act now pending before Congress, it is recommended that the assessment year or time of completion of annual assessment shall be the 31st day of December of each calendar year except with reference to claims located after the first day of September of the same year, the time for doing assessment may be extended to and including all of the following year up to the thirty-first day of December following date of location. Not comprehending how this would result in benefit to locator and believing that it would not result in the more rapid develop ment of the mineral lands we most earnestly protest against the adoption of this section of the amendment as well as section 1 of same and in lieu thereof would offer the following recommendations as being more effective and in line with a proper application of remedies for a condition that now exists, that of acquiring and holding mineral lands without in any way doing anything required by the United States mining laws for the proper protection of the mining right by assessment work.

Recommended: Whenever the locator or locators of any mining claim located under the laws of the United States shall fail or neglect to do and to perform, or cause to be done and performed upon such mining claim the amount and character of work necessary to be done and performed thereon within ninety days from the date of such location, such locator or locators and his or their assigns shall forfeit all right to such mining claim and shall henceforth for a period of six months from and after the expiration of such ninety days be debarred and prohibited from relocating or procuring, or becoming interested directly or indirectly, except as a bona fide purchaser for value in the relocation of such claim, or the location of any other claim which will include any portion of the ground which was included in such forfeited claim. And the subsequent locator of such claim or of any claim including the whole or any part of the land covered by such forfeited claim shall not be entitled to credit for any work that may have been done thereon before the time of such forfeiture. Nor shall the former owner of any such forfeited claim have any right to compensation therefor.

Be it Resolved: That the Secretary of the Territory of New Mexico is hereby instructed to transmit duly authenticated copies of this Memorial to the President of the United States, to the Secretary of the Interior, to the President of the Senate of the United States and the Speaker of the House of Repres

sentatives and also to our delegate to Congress the Honorable B. S. Rodey.

JOINT MEMORIAL III.

PETITIONING FOR ADDITIONAL LANDS FOR EDUCATIONAL PURPOSES. H. J. M. No. 2; Approved March 19, 1901.

The 34th Legislative Assembly of the Territory of New Mexico, to the Congress of the United States:

Whereas, It is the established policy of the General Government to aid in the development of education in every state and territory by grants of public lands for educational purposes, and,

Whereas, it is the special policy at the present time to promote education in our new possessions by liberal assistance from the General Government, and

Whereas, New Mexico ever since her acquisition by the United States more than half a century ago, has fully shown, both in war and peace, her loyalty to the Union and her devotion to the general welfare of the people, and established her right to equal and just consideration with all the states and other possessions,,and

Whereas, New Mexico has a very large rural population, sharing the common need of all for universal education, and

Whereas, the valuation of the vast arid tracts of land in New Mexico is so small as to produce but scant revenues for the support of public education, making the universal education of the people almost an impossible problem under present conditions, and

Whereas, every acre of land given from the public domain for the support of education in such commonwealths as Oklahoma or Nebraska is fully equivalent in revenue producing power to ten acres in New Mexico; and

Whereas, the remaining lands not already included in the numerous land and railroad grants, Indian and Military res ervations and government entries are of such a character that they are not, and in the very nature of things, never can pro duce revenues for educational purposes at all proportionate to those produced by the Educational lands of the states, unless the acreage be vastly greater:

Therefore, we your petitioners, the 34th Legislative Assembly of the Territory of New Mexico, recognizing the urgent need of the people for greater and better educational facilities, and recognizing the exceedingly small revenue producing

value of the public lands of New Mexico as compared with those of almost every other commonwealth in the Union, do earnestly ask the attention of Congress to this matter, and to seriously, pray that in addition to what has already been granted, there shall be given for the common schools not less than four sections, or their equivalents, in each township throughout the Territory, and also not less than five per cent of the proceeds of all sales of public lands made subsequent to this donation:

That, for the University of New Mexico, the College of Ag riculture and Mechanic Arts, the Normal University and the Normal School, there be given not less than Two Hundred Thousand Acres each, and for the school of mines, the Military Institute, the Reform School, the Deaf and Dumb Asylum, and the Institution for the Blind, not less than One Hundred Thousand Acres each; and

Further, recognizing the fact that the future of New Mexico must depend, in part, upon the development of her mineral resources, and regarding it as only natural and right that these mineral resources should assist us in developing and supporting our system of public schools, we pray that in whatever future grants of public lands may be made for educational purposes to New Mexico, there shall be no restrictions concerning minerals thereon, but that the same shall go with the lands, and to the end that New Mexico, like the other states of the Union, may have a permanent and stable income for supporting a liberal system of public education, we pray that these lands may be granted with the expressed conditions that educational lands shall never be sold except such as may be needed for the location of schools, churches, cemeteries, rights-of-way, for public roads, railroads, irrigating ditches and reservoirs, and such public necessities, and with the additional provision that they may be leased for terms not to exceed twenty-five years subject to such rules and regulations as may have been adopted or shall be adopted by the Legislature of New Mexico.

JOINT MEMORIAL IV.

PETITIONING FOR STATEHOOD. J. M. No. 5; Approved March 20, 1901.

Of the People of the Territory of New Mexico, through their Thirty-fourth Legislative Assembly, to the Congress of

the United States, for the admission of the Territory as a State of the Union.

To the Honorable The Senate and House of Representatives: Of the United States of America in Congress assembled: The People of The Territory of New Mexico, through your memorialist their Thirty-fourth Legislative Assembly, now in Session at Santa Fe, respectfully demand that the Congress of the United States pass at the earliest moment possible, an enabling act, whereby they may form a Constitution and State Government, and be admitted into the union on an equal footing with the original States: and in that behalf respectfully represent:

That they have an inherent right to such admission, by virtue of the principles cnunciated in the Declaration of Independence.

That such form of government was guaranteed to them by the solemn declaration of the treaty of Guadalupe-Hidalgo, more than fifty-three years ago.

That both the great political parties of the nation promised in their last national platforms that New Mexico should be admitted as a State without delay.

That the people of the Territory are ready and anxious for such admission, both great political parties in the Territory having so declared in their last territorial platforms, and further they ask admission-Because:

A territorial form of government is intolerable to a free people; it is an incongruity under American institutions, and should be maintained only so long as absolutely necessary to prepare its people for the higher form, and because:

It is taxation without representation; it is a denial of the right of the people to take part in the affairs of the nation, as they have no vote in Congress and never take part in the policies of their country, or in the election of its chief magistrate, and are never appointed to any office in the nation outside of the limits of the Territory itself, save in the army in time of war, and

Because the people in a territory are not free for various reasons, among others their legislative hands being tied by restrictive acts of Congress; because the national platforms of both great political parties are continually violated, and because what ought to be our patrimony, the public domain, is often disposed of absolutely, and the proceeds turned into the national treasury, and restrictive and annoying regulations are made regarding the public lands that are wrong in principle and hard to get corrected; and because Congress

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