New York Paper - The Segregation and Classification of the Natural Resources of the Public Domain (with Discussion)

The term "segregation," as here used, means the separation of certain natural resources into groups, consisting of one or more members, with the idea that when thus segregated, each group may be more easily and effectively administrated. We may, for example, consider surface rights as distinct from underground rights, and stop there; or we may go further, and deal separately with timber, water, and agricultural rights, or, going underground, we might deal separately with such groups as precious and base metals, clay, oil, gas, etc. The present paper contemplates only the separation so far as practicable, for administrative purposes, of surface from mineral rights. " Classification," in this paper, has reference to the groups into which the government has divided, is dividing, or will hereafter divide its natural resources; first, into the broad classes of mineral and agricultural lands; and, second, into coal, oil, phosphate, brine lands, etc., the central idea being the separation into natural groups for the purpose of simplifying administration and for the purpose of encouraging maximum development and minimum waste. The two subjects are in some respects quite distinct, but as my argument develops, I think it will be obvious why they are discussed in the same paper. In the pursuit of our professions as mining engineers, geologists, or operators, we are continually confronted by conditions with which our present mining laws or regulations are incompatible. It may be a conflict, hardship or injustice, a piece of favoritism, or of unnecessary red tape; or we may see lack of development in a promising locality, and wonder what is the reason. Often we can see where a modification, slight or radical, in the laws would have obviated the difficulty without doing harm to any of those immediately concerned. Such alterations as individuals could intelligently suggest would be based on a relatively small number of situations occurring in their experiences. The published replies to the queries formulated by the various committees on mining law appear generally to reflect personal experience. Concerning a few points, there is a marked uniforhity of opinion, while on other points opinions