THE CUBA REVIEW 



23 



Pier of the Spanish-American Iron Company at Felton, Nipe Bay, Oriente Province. The 

 eighth of a mile long, built out far in the bay because of shallow water 



sition in place of the basic country rock, was "ore" within the meaning of the Spanish law, 

 or whether it was a feiTuginous clay — clay not being subject to denouncement as iron ores are: 

 This subject was investigated by universities of Europe and America for the various parties 

 in interest and it seemed to be clear that ihe clay iron ores of eastern Cuba were ore, applying 

 to them the test of chemical and physical changes in the formation which had taken place 

 and considering them in the line of their scientific origin and relations. This question was 

 not, however, judicially passed on. Recently, however, other factors entered into the 

 case which may have apphcation throughout aU of Latin America as regards the vahdity 

 and procedure of titles of certain deposits. As is already known, the laws of the Latin- 

 American countries are based on Spanish common law, just as the laws of the United States, 

 where not otherwise enacted into statutes or regulations, or by court decision, go back to 

 statute regulations of the time of Queen EUzabeth and to subsequent Enghsh decisions. 



It appears that the records discovered in Spain disclose decisions and regal decrees made 

 about SOO 3'ears ago which define denounceable ores in a manner which woidd exclude from 

 that class deposits of material which can be moved from the surface without mining, and 

 which are found loose on the surface. Specifications were made later to ajjply to gold placer 

 deposits. It is well known that the tin placer deposits in Mexico are not denounceable and 

 belongs to the owners of the lands, whereas gold placer deposits under specific law are 

 denounceable. 



If this Spanish common law is effective and can be apphed to the residual deposits of eastern 

 Cuba, then the titles which were based on denouncement will be adversely affected and the 

 equity of the deposits will be confirmed as part of the land title. This question has not been 

 adjudicated and is only pre.sented for discussion, but it is obvious that its confirmation or 



