The secretary was still "bottled up in Manila," and yet he certifies that between May 3 and June 11, 1898, he had performed the four legal labors required of him by the royal decree upon this property in the island of Mindanao.

This would make it necessary to again apply to Moncada. No other petition had been presented, and I am sure I make no mistake when I say that it would not have been admitted at this time if it had.

There was not yet the certainty of ultimate Spanish defeat that justified further action in this extraordinary proceeding.

On August 13, 1898, no action had been taken, and then came the fall of Manila, the capture of the Spanish archives, the protocol for peace, and the commission at Paris to negotiate a treaty.

It was then learned that the disposition of the Philippines was to be determined at Paris. In case it should remain with Spain or fall into the hands of some friendly nation, it was not desirable to encumber the records of the mining bureau with proceedings that Spain could in no wise accept as a precedent, and which might subject the directorgeneral of civil administration and his own secretary, with the inspector-general of mines, to an inquiry from their own Government, the result of which could not have been favorable, and Espina allowed the secretary's request for survey to sleep in his desk.

But the inspectorate of mines had not been idle, and the records. were searched and maps of both abandoned and active claims were copied, and petitions were prepared, by the clerical force of the inspectorate and by others, and then they waited for news from Paris. On October 15 news was published in Manila that the Philippine debate had commenced.

On November 2 the cable was published in Manila that it was "Officially stated that, in compliance with instructions of President, American commissioners have demanded absolute cession of the Philippines." This was news that they had been sadly anticipating, and "the rush commenced" to get on the records. Here is the

at once result:

A grand total of 1,617 claims, covering 149,288,134.37 square meters, "And all," as Luis Espina y Capo says, "In order to preserve the sacred right of priority which the Spanish mineral legislation concedes," and "with the sole and exclusive object of preserving the just rights of priority conceded by the Spanish law."

In the meantime, and while this unprecedented rush of mining business was in progress, Inspector-General Espina, on November 6, 1898,

took up the request for demarcation of the Secretary, which had been quietly slumbering in his possession since June 11, 1898, and awaiting the very events that had now happened, and he recommends to Moncada that the time for the making of the demarcation of the secretary's claims and for all others of like character, "on account of the continuing state of insurrection, be indefinitely postponed," and upon this letter of recommendation he obtained the indorsement, without date

So ordered.

MONCADA.

What, then, was to be gained by this extraordinary order of the director-general and these extraordinary proceedings, so completely at variance with the provisions of the royal decree and inconsistent with the regulations thereunder?

It would not seem a difficult question to answer.

The first suggestion to one's mind is that these officials, with other authorities and acquaintances, few in number, having access to the records of the mining bureau, apprehended that the sovereignty of the archipelago would pass either to the United States or to a revolutionary government such as was subsequently attempted under the name of the Philippine Republic.

They were taking a pledge of fortune under which they might advance claims that, by the law of nations as well as by local law and regulations, could not be sustained, but which might possibly be squeezed through under some provision of equity as had been done by the liberality of the United States in the settlement of land grants under previous treaties, and for which to secure their recognition acts of Congress had been obtained.

In any event they could be used for the organization and floating of speculative mining corporations, as has been actually attempted.

Perhaps it is not an unfair criticism to say that they hoped to embarrass, hinder, and delay the advancement of the mining interests in the archipelago, soon to pass from the control of Spain to a lately contending enemy.

Whatever may have been the purposes and objects, it is clear that they have failed in any beneficial result to themselves. A brief examination of the principles of international law covering this identical class of properties, and as laid down and interpreted by the Supreme Court of the United States in cases arising under treaties previously negotiated, shows that the entire list of claims so instituted are lacking in the essential requisites to give them validity or entitle them to recognition, except in so far as the United States Government, on behalf of the archipelago, shall see fit to waive its equities and allow their further continuance either in whole or in part, and under such terms and conditions as it shall see fit to impose.

These facts are taken from the records and the conclusions that necessarily follow.

There is a subsequent history, discovered in part from the record and in part from the action taker before the mining bureau by alleged claimants. In this portion of the investigation of the conduct of this bureau in the last few months of its incumbency by Don Luis Espina y Capo as chief engineer, the record discloses an undefined but apparently close relation of Hon. Oscar F. Williams, as United States consul, with the inspectorate of mines, that is of such a nature as to seem to require a statement of the facts appearing in the records of this bureau.

Among the third-class claims presented was one made by Henry Brodek, that on October 28, 1898, Luis Espina y Capo certifies was presented under the signature of United States Consul Williams by a certified copy, which certified copy is attached, bearing Consul Williams's signature and the United States consular seal.

The consul's certificate, however, is dated December 1, 1898, or just one month and four days after Luis Espina y Capo had admitted it and issued an official receipt to Henry Brodek, the claimant. The consul's certificate to the Brodek papers is in these words:

MANILA, P. I., December 1, 1898.

Because of want of custody of the Spanish books of record in such matters I, as now representing whatever of Spanish authority that remains, hereby recognize the document hereto attached and its original for all the purposes therein set forth, and "I hereby certify the above is a true and correct copy from the book of miscellaneous records of the United States consulate."

This assumption of authority of the consul seems to have so overawed the inspector, Luis Espina, that in the face of the provision of law that Moncada had not repudiated, viz, "Original documents, and never copies more or less authenticated, shall form the record of proceedings for the denouncement of mines," the inspector ordered Brodek's petition, authenticated by the United States consul as a true copy, to be admitted.

In expediente No. 100, by Robert Gray, the United States consul again certifies to a copy of that gentleman's petition filed in the consulate. This was certified on December 16, 1898, and a copy of the petition, alleged to have been signed by Mr. Gray, is also dated on December 16; but, notwithstanding the regulation forbidding its admission, it being only a copy, Luis Espina orders it admitted on December 12, 1898, and it was so admitted and filed, just four days before the original was signed by the alleged claimant even.

Attached to expediente No. 98, by Isidoro Sanger, presented, admitted, and filed on November 23, 1898, is the following:

CERTIFICATE OF UNITED STATES CITIZENSHIP.

UNITED STATES CONSULATE,

Manila, P. I., January 14, 1899.

I hereby certify that Dr. Isidoro Sanger is a citizen of the United States of America, having been duly registered as such in the book of record of United States citizens, duly kept at the consulate of the United States of America, at Manila, P. I., and holding "cedula de insenipcion," No. 1174, granted on February 5, 1897, and having been a resident and citizen of the United States of America for more than thirty

years.

[U. S. CONSULATE SEAL.]

OSCAR F. WILLIAMS, United States Consul, Manila, P. I.

Attached to expediente No. 93, by Isidoro Sanger, is United States Consul Williams's official signature and seal certifying to the genuineness of Sanger's signature.

Scarce was the ink dry upon the order detailing me as officer in charge of the mining bureau when I received a communication from the Spanish consul-general at Manila, dated March 16, 1900, urging the immediate recognition of the so-called Sanger mines, and the issuance of a title, and transmitting a copy of an alleged partnership agreement affecting them, in which Isidoro Sanger appears as the owner of one-third and Jose de Vera y Gomez as the owner of twothirds.

WAR 1900-VOL 1, PT X- -12

The Spanish consul-general also advised me that he held in his possession all the data and surveys of the properties, together with the original receipts of the inspectorate, and that these papers were at my disposal at any time that I should be pleased to inspect them.

Desiring to avail myself of this courteous offer, I started at once to make a call for the purpose invited, but I met Dr. Isidoro Sanger on the way, and in his office and in his possession I found all the data and surveys of the properties, and also the original receipts of the inspectorate.

I was urged to make an immediate recognition of these mines. My attention was called to the fact that Consul Williams had already recognized them, and a letter from Consul Williams to Dr. Sanger was shown me, urging him to secure recognition at once and then hurry on the United States; that the parties were much pleased with the gold mines, but did not take so kindly to the coal propositions, etc.

Dr. Sanger also advised me that Major-General Otis had promised the Spanish consul-general that these mines should be recognized as soon as the mining bureau was organized, a statement which I knew to be untrue, as I had in my pocket copies of the letter of the Spanish consul to Major-General Otis and Major-General Otis's reply, which the Spanish consul had kindly sent me.

Again and again I was appealed to in the next few days, but I could not see why I should act with such haste, and I declined to become a party to the transaction, and refused at last even to write a note stating that Dr. Sanger and his associates had filed a claim for title on the Sanger mines through the Spanish consul; and failing utterly in the recognition desired and urged so strenuously, Dr. Sanger sailed for the United States.

The Sanger mines, and all others of the third class, still remain without recognition.

The above statements show the condition in which the archives of the mining bureau, made after May 4, 1898, were found, and such portion of the evidence, as disclosed by the records bearing upon the validity of the so-called third-class claims and their right to recognition under the treaty of Paris, as will give a general idea of their status and value. The parties who have applied for recognition of these claims by the military government have been informed that they will be granted hearings upon applications regularly made, and that each separate case will be carefully examined and decided upon its own merits, and the fullest opportunity given to the claimants to present their arguments and proof of their right to such recognition; the ultimate decision of the matter being left to the military governor upon the report and record certified from this department.

MINING DISTRICTS AND DEPARTMENTS.

By article 107 of the Regulations it is provided that the archipelago shall be considered as a single mining district divided into three departments: First department, Luzon and adjacent islands; second department, Visayas; third department, Mindanao.

Each of these departments is to be under the special jurisdiction of a mining engineer, and the general inspector or chief mining engineer shall have charge of the three departments and reside at Manila. The headquarters of the three department engineers are fixed at Manila, Cebu, and Zamboanga.

PROVINCIAL CIVIL GOVERNMENTS.

Civil governments have existed only in nineteen of the seventyseven provinces and districts into which the Spanish Government divided this archipelago. These were all in the island of Luzon and were divided into three classes, according to the extent of jurisdiction allowed. The remaining provinces and districts were given a politicalmilitary form of government. I have prepared a list of these seventyseven civil and military districts, showing the mining department to which each belonged, and as nearly accurate and complete as the means at my command would permit. The absence of civil governments in all these provinces and districts has made the filing and recording of mining claims under the existing mining laws an impossibility without recognizing the validity of the order of May 4, 1898, in the "Rqueza" expediente, and this bureau has declined uniformly to accept of mining locations under that order or in any way to recognize its validity.

REVISION OF THE LAW AND RECOMMENDATIONS.

I have used my best endeavors to ascertain from mining experts, prospectors, and mine owners the actual extent and condition of the mineral resources of the archipelago, and in some sections of Luzon with fair success. A considerable degree of such knowledge is absolutely required in order to make practical recommendations for the modification and amendment of existing laws, and also to make recommendations for the future work of this bureau.

Being entirely in the dark as to the general plan and system of civil government to be adopted when law and order shall be fully established, it is a difficult matter to deal with, and my recommendations, under the circumstances, must be based upon the theory of the future continuance of this bureau as an independent bureau, or as a subdepartment of an interior department to take the place of the directorategeneral of civil administration.

The existing mining law requires only slight modifications and amendments to its general principles to adapt it to the best interests of the archipelago and its inhabitants, and chiefly directed to the reform of records and methods of procedure.

The administration of this government being a trust, to be exercised for the best interests of the inhabitants, I do not deem it desirable to introduce at this time many radical changes, and certainly not to extend the United States mining law, even if the power to do so exists.

To make my reasoning clear, I call attention to the following comparison of conditions and provisions of the laws:

In the United States there is absolute freedom to prospect for minerals on the public domain. With its vast territorial extent and unlimited deposits of metals, such a provision is not calculated to hinder the mineral development. The work required upon a mining claim for annual labor in the United States is a mere trifle, and a man of limited means is given an almost unlimited time to prospect and develop his mine. The territory in which we have to operate is limited in extent-rendered much less than its geographical extent, since a very large percentage of the interior of it is in possession of savage and semisavage tribes, who will yield only gradually to advancing civilization. This is the work of years. The right to prospect in this archi