The Philippines: Past and Present (Volume 2 of 2)Worcester, Dean C. (Dean Conant)
History
The Philippines: Past and Present (Volume 2 of 2)
Worcester, Dean C. (Dean Conant)
Philippines; Philippines -- History -- 1898-1946
There was, however, one unfortunate indirect effect. In view of
the difference of opinion among congressmen as to whether Congress
had or had not intended to make the limitations to the Public Land
Act relative to areas which could be sold applicable to friar lands
the secretary of war issued an executive order providing that their
sale should be subject to such limitations, pending an expression by
Congress of its will in the matter. Congress has never acted.
There are large tracts of vacant friar lands which cannot be sold for
years to come, if subject to existing restrictions, either because
they are situated in very sparsely inhabited regions where there
is no demand for them on the part of would-be small landowners,
or because the price as fixed by law is materially in excess of
that of equally good, adjacent, unoccupied public lands which can
be had subject to identical conditions as to areas purchasable. As
the Philippines are "land poor," the inadvisability of such a policy
would seem to be sufficiently evident. The argument against large
estates is without force, both because the amount of land concerned
is relatively insignificant, and because there are already in the
islands so many large estates, owned in many instances by Filipinos,
that the addition of a few new ones more or less would not perceptibly
change the existing situation.
The question might well be raised as to the authority of the secretary
of war to suspend by an executive order the operation of a law duly
enacted by the Philippine legislature pursuant to powers conferred by
Congress, especially as Congress has power, and has had opportunity,
to disapprove it. I think it possible that the director of lands could
be compelled by mandamus to sell vacant friar lands in any quantity
to an individual applicant.
The facts as regards forest lands are set forth in sufficient detail
in the chapter on the Philippine forests.
The existing legislation relative to mineral lands is defective,
or objectionable, in several minor particulars, but on the whole is
reasonably satisfactory except for the provision that a person may
locate but one claim on a given vein or lode. Such a provision would
have very greatly hampered the development of the mining industry in
the United States and it greatly hampers it in the Philippines.
Recommendations that Congress amend the law relative to mining
claims have been persistently made by the commission and have been
persistently ignored, probably for the reason that Congress is too
busy with other matters to give much attention to such requests from
the Philippines.
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