The Montana post., 1868-12-11
TBE MINERAL ACTS.

presenting his views on the present
I'nited States Mineral Act, as opposed
to those presented by us in former is
sue. Our second proposition, ''that the
Mineral Land Act gives an inalienc.
BILE title" is the only one he contro-
verts. asserting that il the law of 1866
does, de .factO and de .j',rs, give an ina
lienable title all the other propositions
of the editorial follow, as a matter of
course"
An inalienable title, in the connec-
ton used, is a complete and perfect title
from the United States to the miners.
and in the possession of which they will
be maintained by the Government.
This is as inalienable title as any min
eral land owner would wish. We re-
fer to the second section of the Act,
which, prescribing certain conditions.
adds that on compliance with them
" II shall and msy be lawful for said
claimant or association of claimants
to sntsr xuch trart and receice
patont Meretor, granting such mine. to-
gether with the right to follow such
vein or lode, with its dips, angles and
variations. To any depth. although IL
may enter the land adjoining. which
land adjoining shall be sold subject To
such conditions.
l: in this it does not recognize. pro-
vide for. and grdnt perfect title TO mime,
what then can be said oi the title to
surface lands, which are to be- sold
subject to the mine owners right to iol-
low his vein though it totally destroy
the land it enters? Patents tor
lands are deemed complete titles and in
the Supreme Court decisions of Califor-
mia, patents for mines are considered
final evidence OF ownership. except in
case of fraud shown in the pro-
curement, and fully. as perfect.
as those of agricultural lands. This.
we think, dispo-es of the Profess
sors objections to our second proposition
"and the others follow as a matter of
course" for patents are provided for, and
the right To obtain granted in the law,
and such patents are, as nearly as any
titles. indeteasible, which word is per-
haps more applicable as applied to indi>
vidual titles.
Professor *. cites Gregory Yale. ~
authority To maintain that it only gives
right to occupancy, possessory work.
ing privilege as il We're, or in other
words legalizing the miners trespass on
the public domain. Ii may not he i'm.
proper to state that Mr.. Yale is not consid
cred good authority on the Pacific coast
that his views of this act are dissented
from by the leading jurists of the State
and that his work quoted from by Prof
Keyes, although used as a rrfereucc'
because collecting the most important
decisions on water claims" by the Su-
preme Court OF California, is not regard
ed as authority as he endeavors To over
rule by argument such as quoted, the
decisions %! The Supreme Court Cali,
fornia,
We 20 farther than 10 claim the pat-
cot is the only title. nder the act OF
1866, are granted possessory titles 10
these mines without procuring patents
The original ownership is in the govern
ment IL had until 1866 reserved the
possessory mineral rights, and all devel>
opment, occupation, and use of mines
was merely on sutferance from the gov>
ernment The first section of the act of
1866 reads as follows:
SEC l. Be it enacted, that the minis
eral lands of the public domain. both
surveyed and unsurveyed are hereby
declared To be tree and open 10 explora>
ton and occupation by all citizens Of
the United States. and those who have
declared their intention to become citi>
zens, subject to such regulations may
he prescribed by law, and subject also.
IL the local custom or rules o! miners in
the several mining districts. so far as
the same may no; be in conflict with
the laws of the I'm ed States.
Here the possessory right, "A right o!
occupation aud use unlimited. is yielded
by the government. To whom? Those
who have discovered and have held
them under miners rules and customs
and the local laws, which laws, as all
Others, must not conflict with the supe-
rior law of the United States This
gives government sanction To the Mons
tana statute of Dec. 70. 1864, relating
10 Quartz Lodes. This act repeal ed all
other acts or parts Of acts inconsistent
with it, and provided.
SEC. - All lead, lode or ledge claims
taken up and recorded in pursuance
with tire provisions of this act. shall
entitle the person recording. To hold the
same To the use of himself, his heirs and
assigns; and conveyance OF quartz
claims shall hereafter require the same
fornalities. and shall be subject 20 the
same rules of construction as the trans-
fer of real estate. I.
No tirle need be acquired stronger
than this, tor the government has volun
tarily yielded possession 10 its citizens
and obligated itself TO give patent,
upon application from citizen mine
owner who has done 81 900 work. The
provisions for adverse claims are neces-
sary, bat IL would be well to have Some
am-ndatory clause 70 prevent unjust de-
laws in the adjudication of ownership.
So complete in tact is the surrender OF
the mines by The government, that II