The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1859-08-16
state Lands.

Our readers will remember that IL Was stated
las, week ,ha, Hon. J. " Sanborn, Commission /
er Of the State Land 0tfce, had refused 10 make |
conclusive sale Of the Upper Peninsula Schoo! |
Lands. until be could have time 10 consult the
Attorney General The Commissioner OF the
Land Oifice having been frequentlS requested by
persons d-.irin. 10 purchase the Primary Sca0oi
and swamp Land, in the [. 7. 10 bring them INTO
market, concluded 10 advertise the same for sale,
without being aware OF the Statute Of 1916, pro-
hitting the sale OF Mineral Lands without Le-
ri.latirc action. but mad, only conditional sale
81 all such Lands a. were supposed 10 besr miner
al. submitting its validity TO the Attorney Gen
eral The following note IS in reply 10 LIS en-
auirie= in that regard:
DErgoIr. August 9Th, 1852.
/ Hon J. ". SANBoRs, C0m'r STATE Land OrTce !:
DEAg SlR-In regard TO your verbal inquiries
a. to the proprietv of selling State Lands of any
description containing mines or minerals, beg
10 -av: That Section Of the Act of loij, (Ses-
lion Laws 'i6, ?. 99,l 10 be found in the Com
piled Laws, vol. /, P. sos, mot repealed pro-
yi1es:
That all lands known TO contain mines or
minerals, which nov are or NAV hereafter be-
come the property Of this State, shall be reserved
from sale bv the authorities thereof, until direct
ei 10 be sold BIZ and under such regulations as
the Legislature shall hereafter prescribe.
II will therefore be your duty in every case
where the fact has come 10 your knowedge ths.
the tract in question contains mines or minerals,
or where you have good reason 10 presume that
Lit does. to withhold it from SALE and this though
il NAV have been once offered for sale in the
! course of business Of your department.. The
clause above cited shows it 20 be the policy o.
the State 10 retain all her mineral lands until she
shall become better acquainted with their situa
ton and value and until she has made some
more particular and fitting regulations concerning
them That this Is sound policy no one car
doubt, for it is quite evident that our knowledge
of the extent, situation and value Of the minera
resources OF the State is vet in Its infancy. Or
many tracts Of the Primary School Lands as wei
a. the Swamp Lands, of the Upper Peninsula
have been discovered valuable deposits Of irol
and copper ore, and surely il is for the interes
. OF the State that such land. should not be sold
. the usual low rate a, which other lands are sold
notice that section l6, of town 81 north 0
, range 81 west, lying near Portage Lake, il
iioughton county, has been applied for. By tn
=, report of Or. Chas T. Jackson, on the geologics
!, and meteorological character Of the Upper PENN
!. sula dated Nov. 10, 1919, to be found in part
Of volume g. OF the Executive Documents House
-. a. 1
= he west half OF this section Is noted a. minera
lands. II it be such in fact | am of opinion ths
the law prohibits its sale, and that until it sha
b be shown to your perfect satisfaction that tn
:. report is in this respect erroneous, your duty
" 10 withhold it from sale. This report, thong
not perhaps entitled to be considered conclusiv
o as To the fact that such lands DO contain min,
I. rails, and not document Of which the State al
e thortiei are bound to take notice at the risk
d violating the State statute, is We, the result
aborious scientific research on the part of Dr.
Of and those who aided him, and therefore entitle
Re to much credit i'll determining such question
20 and guiding your action in this respect. | Their
C. fore am Of opinion that you should withhold III
e. tract from sale. | will also add, that should
lie case occur where, after certificate has issue
H. but before a patent has been obtained, it shou
:. appear that in fact the land contains mines
o, minerals of any considerable value, known TO IL
n purchaser at the time of his purchase, the cert
cate should at once be revoked; for to procet
further, and complete the sale by issuing a pa
H. ent would clearly be illegal.
p- Very respectfully yours, &C,
Fl J. N. HOWARD,
a.