Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-06-19
for the punishment of persons depredating
upon public timber.


the bill in question are in direct conflict
with every principle heretofore observed In
respect to the disposal of the public lands.
The bill confers pre-emptiOn rights to min
eral lands, which, excepting coal lands at
any enhanced minimum, have heretofore,
as general principle, been carefully eX-
cluded from presumption. The object OF
the company Is not to cultivate the soil, or
to promote agriculture; but is for the sole
purpose of mining and manufacturing iron.
The company is not limited, like ordinary
pre-emptors, to one pre-emption claim by
a quarter section, but may pre-empt two
bodies Of land, amountingin the aggregate
to twenty sections, containing twelve thou
sand eight hundred acres, or eighty ordi-
nary pre-emption rights. The timber is
not protected, but on the contrary is devot-
ed to speedy destruction forever. Before
the consummation of title the company are
allowed to consume whatever may be ne
cessary in the erection of buildings and the
business of manufacturing iron. For these
special privileges, in contraVention OF the
land policy of so many years, the company
are required to pay only the minimum
price of $l.25 per acre, or one-siXteenth OF
the established minimum, and are granted
credit of two years. or twice the time al
lowed ordinary pre-emptors of offered land
Nor is this all. The pre-emption right in
question covers three sections of land con-
tanning iron ore and coal. The act passed
July l, 1864, made it lawful for the Presl-
dent to cause tracts embracing coal in beds
or coal fields to be offered at public sale, in
suitable legal divisions, to the highest
bidder, after public notice of not less than
three months, at minimum price of twen-
ty dollars per acre; and any lands not thus
disposed of, will hereafter be liable to pri-
vate entry at said minimum.
By the act of March 3, 1865, the right of
pre-emption to coal lands is granted to any
citizen of the United States, who at this
date was engaged in the business OF coal
mining on the public domain for purposes
of commerce, and he is authorized to enter,
according to legal subdivisions, at the
minimum price of twenty dollars per acre,
a quantity of land, not exceeding one
hundred and sixty acres, to embrace his
improvements and mining premises. Un-
der these acts, the minimum price of three
sections of coal lands would be thirty-eight
thousand, four hundred dollars. By the
bill now inquestlon, three sections contain
ing coal and iron are bestowed on the COM
pany at the nominal price of one dollar
and twenty-five cents per acre, or twenty
four hundred dollars, thus makinga gratu-
IRON Mining and Manufacturing Company
of thirty-siX thousand dollars. On what
ground can such gratuity to this COM
pany be justified, especially at time when
the burdens of taxation bear so heavily on
all classes of the people? Less than two
years ago it appears to have been the de-
liberate judgment of Congress that tracts
of land containing coal beds, or coal fields,
should be sold after three months notice to
the bidder at public auction who would
give the highest price over twenty dollars
per acre, and that citizen engaged in the
business of actual coal mining on the pub
lie domain should only secure tract of
one hundred and sixty acres at private
entry upon payment of S25 an acre, and
formal and satisfactory proof that he in all
respects comes within the meaning of the
statute. 1t canhot be that the cOal-fiels of
Montana have deprecated nearly twenty
fold in value since July, 1864. SO complete
revolution in the land policy as is mani
tested by the act can only be ascribed,
therefore, to an inadvertance which Con-
gress will, trust, promptly correct. Be-
lieving that the presumption policy so de-
lberately adopted, so long practiced, so
carefully guarded, with view to the
disposal of the public lands in man
ner that would promote the popula-
ton and the prosperity OF the country,
should not be perverted to the pur-
poses contemplated by the bill, would
be constrained to withhold my sane
ton, even if this company were, as
natural persons, entitled to the privilege OF
ordinary prescriptions; for a corporation, as
the name and absence of any designation
of individuals would denote, the measure
before me is liable to another fatal objec-
MOI ,inc
have the privileges of individual pre-emp-
tien? What principle of justice requires
such a policy? Whatm motive of public pol
icy can fail to condemn it? Lands held by
corporations were regarded by ancient laws
as held in mortmain or by dead hand, and
from the terms of Magma Charta corpora
tions required the royal license to hold,
and because such holding was regarded as
in derogation of public policy and common
right. Pre-emption is itselfa special priv
ilege, only authorized by its supposed pub
lie benefit in promoting the settlement and
cultivation of vacant territory, and in re-
warding the enterprise of the persons upon
whom the privilege is bestowed. "Pre-
emption rights" as declared by the Su-
preme Court of the United States, are
founded in an enlightened public policy,
rendered necessary by the enterprise of our
found in advance of our settlements, en-
counters many hardships, and not unfre-
quently dangers, from savage incursions,
He is generally poor, and it is fit that his
enterprise should be rewarded by the priv
ilege Of purchasing the spot selected by
him, not to exceed one hundred and sixty
acres.
1t may be said that this Company, before
they obtain patent, must prove that with
] in two years they have erected and have in
. operation, one or more places on the said
lands, iron works with capacity for man
ufacturing at least fifteen hundred tons OF
iron per annum. On the other hand they
are to have possession for two years of more
than twelve thousand acres of the choice
/ lands of the territory, of which nearly two
thousand acres are to contain iron ore and
coal, and over ten thousand acres to be OF
timber land selected by themselves. They
will thus have the first executive force; in
fact they are the only parties who at this
time would have any privilege whatever
in the way of obtaining titles In that ter
ritory. sa......
Inasmuch as Montana has not vet been
organized into a land district, the general
pre-emption laws for the beneftof indiyid-
ual settlers have not yet been extended to
that country, nor has single acre of public
land in the territory yet been surveyed
With such exclusive and extraordinarv
privileges, how many companies would be
| willing to undertake furnaces that would
produce five tons per day in much less than
two wears 1t is plain that the pretended
consideration on which the patent is ID
issue bears unjust proportion to that Of the
ordinary pre-emptOr, and that this bill IL
| but the precursor of system of land dis
tribution to privileged class, unequal, un-
| lust, and which ought not to receive the
sanction oflthe General Government. MANY
tha,,so nd 1iosaaatss hava tnrnad tha;r cvsy,