The Montana post., 1868-12-18
THE u. $. MINERAL LAND ACE.

EDITORS POsT-SIRs Your critique
on that portion of the Montana Report,
touching the L. :. Mineral Land Act Of
1866. Is precisely the result sought To
be obtained by the publication here pri-
or TO its appearance in the Commissions
er's general Report.
The editor OF the Posi- is himself too
good an officer 10 misconsttue a subor-
dinate in continuing himself 10 a disqui-
siuOn on the law as applied to his own
individual locale. IL is the province ot
tire Commissioner 10 sum up, compare
and recommend 30 Congress a plan of
action based upon thorough compnrI-
son of the views ot his subordinates.
That the report from Montana contains
the views of more than one individual
adds to, rather than dvttacts from its
usefuineSs-al least in my Judgment.
Exception was taken 10 Il portion of the
article 10y one Of our most prominent
lawyers, whose other duties were un~
tort tunately too pressing 20 allow him to
furnish written series of comments
had he done SO his paper would have
been cheertully forwarded. even though
his every sentence We're contradiction
OF my own opinions. liz is the truth
which | am seeking an endeavor which
| am making To forward the best inter-
est of the miner. To- enable him the more
easily to obtain title and To render pos
session of mine secure from wanton
attack ami black mail
Let US not repose in iancied security
in the safeguards of law, in regard to
which your editorial seems in my judg-
ment To be entirely at fault. Permit
me To crave patient consideration of
my exposition of difference herewith.
You say lst--ihe present law ended
all danger OF a sale of the public lands
containing minerals. as source of rev.
enue To ilIe Government.
2d, that the law gives an inalienable
title.
I'd, that il recognises possessory rights
as in fee.
the local rules and customs bars mo-
nopoly.
9th, that it points out the manner OF
procuring patents.
9th, that the law leaves il optional
with the miner to apply for patent or
not as he sees fit.
Allow me TO dissent, in whole or in
part. from every assertion in regard to
the law, except the fifth, which does, in
fact, point out the manner of procuring
patents, and the sixth. which does in
deed, tor the present, give such AN OPP
ton, but does not assure title To those
who do not apply.
The first section of the Mineral Act
throws open the mineral lands TO "ex-
ploration and occupation by all citizens
OF the United States, and those who
have declared their intention to become
citizens subject to such regulations as
may be prescribed by LAW, and subject
also TO the local customs or rules of
miners in tie several mining districts,
so far as the same may not be in conflict
with the laws of the United States"
Now what does this first section meanI
Ii means,
LIST. That only citizens. or such as
have declared their Intention TO become
such, shall have a right to enter and ex-
plore the public mineral lands.
I'd. lt legaliZes what was before mere
ly n trespass.
3d. And most important. il expressly
states that the mines shall be subject
To law. aud this can mean nothing else
than State or u. :. law, and further
renders of no effect the local rules and
customs when in conflict with the laws
of the United States. This subject is
too important TO allow any bias or prrju
dice 10 mar ones judgment let US ex-
anime its full scope aud bearing and not
believe that We are protected merely be
cause we wish IL. Il
The second is the only point which /
shall endeavor 10 controvcrt. for the