马莲沟煤矿权之争与民初《矿例》的艰难落地

Malian Gou Coalmine Rights Disputes and Difficulties in the Implementation of the Ordinance of Republic China on Mining Industry

民国前期的甘肃省马莲沟煤矿权之争长达十余年。1922年张掖人师鸿制背着抚彝县领得马莲沟煤矿区部照而不被抚彝窑户承认,1923年抚彝人张怀志呈领包括马莲沟矿区在内的整个南北山矿区部照,因与师照矿区重复而被省厅驳回。张、抚相互缠讼,省厅墨守民初《矿例》优先权原则,决断不力,致使矿税停滞和纠纷加剧。1929年高台县也卷入矿争。1931年省厅派员重勘矿区,查出矿区虚报,三县矿商自愿和解,讼蔓始结。张、抚、高三县矿争难断,一方面与祁连山地区管辖边界之争有关,同时也暴露出民初《矿例》推行中存在的普遍难题。《矿例》难以落地,土法粗放开采、保护乡民生计等客观因素固然起了迟滞作用,但根本原因还在于军阀政治环境中省厅的擅权用事和消极执法。

Malian Gou coalmine disputes which happened in Gansu Province in early Republic China period lasted for more than 10 years.Shi Hongzhi,a Zhangye county farmer obtained the mining license of Malian Gou coalmine area from central government department in 1922,but Fuyi county pit-men didn’t agree with it because they didn’t know it.Zhang Huaizhi,a Fuyi county merchant tried to apply for a new mining license but was prohibited by the Gansu provincial department because of mining overlap.The provincial department preferred to stick to the priority principle in the Ordinance of Republic China on Mining Industry one-sidely rather than ascertain the truth of the facts,which intensified contradictions and led to mine tax stagnation.Gaotai county was also involved in the event in 1929.Until 1931,the provincial department adjusted its position,sent an official to the field and find out the concealed mining area,which forced the miners of three counties to reach a compromise.Malian Gou coalmine disputes directly caused by administrative boundary contradictions in Qilian Mountain region,but all kinds of difficulties in the implementation of the mining ordinance could be seen.Objective factors like Indigenous mining and a protection of rural livelihood actually lagged the implementation,but the assumption of provincial department and its negative attitude must account for the ultimate responsibility for it.