The Montana post., 1868-12-18
WHO rs MISTAKEN i.

Mr. Foote published an article in the
Herald of Saturday, the gist of which.
as we take it, is the claim that the Min
eral Land Act does not guarantee the
possessory title of citizen miners unless
they have procured patents. The right
to gold, silver, cinnabar or copper mines
was reserved by the government to itself
before the passage of that act No one
had title 10 them but the United States
government That act declares them
" free and open 10 exploration and occu-
patton by citizens of the United States
tention to become SUCH" legalizing the
State, Territorial and miners laws
where not in conflict with the laws of
the United States. Right of occupa.
tion" is "possessory title, and the law
Of Montana. therein confirme,' gives in
defeasable title.
The law requiring 81 600 work before
the issue of patent, was to encourage the
cept in cases OF fraud decides the ques-
tion of ownership as between individ-
uaIs. This point Mr.. +. overlooks.
That grant of, and maintenance in
possessory right to- the mines was con-
templated and the intent Of the law, is
moreover evidenced in the distinction
made whereby the lands TO DE used in
working them are held to sale
The assumption that mineral rights
may be impaired by preemption as agri-
cultural lands is illusive. No one before
the passage of this act could acquire
possessory right to the minerals. The
act provides, in Section 10. that tracts
taken up as homesteads on lands pre-
viously held as containing mineral and
improved prior to its passage may Le
pre-empted only when upon them there
hdce been no valuable mirtes of golo,
silver. cinnabar or copper discovered.
After the passage of that act, in the in
st-uction to the deputy surveyors. they
are requi red to mark in their"field notes
the lands wholly agricultural which must
be represented on the township plats.
If they are direlict of duty there is
legal course of procedure TO recover
damages. The contingency suggested of
absenteeisn, and the reversion of title,
does not controvert our declaration of
possessory title, for real estate of any
character, may be, and frequently is, sold
and title reverts from neglect or evasion
of an owners duty to attend to his
business. This disposes of the querru>
lous witticism concerning the "Dofunny
lode" Law is not responsible for the
lack of good sense in those subject to
it. We might take up Mr.. F.'s propo-
sitions sefidt Im and quote authority TO
show their lameness, but confident that
to those interested they are equally
transparent, we only here adduce the FOL.
lowing from the instructions of Commis>
sioner Wilson, probably as well versed
in land titles as any other, to show that
Possessory right is granted:
1t is to be understood that there is
nothing obligatory On claimants to pro !.
ceed under this (Mineral Land Act) stat
ute, and when they fail to do SO, there
being no adverse interest, they hold the
same relation to the premises they may
be working which they did before the
passage OF this act, sciM the additional
guarantee that they possess the right of
occupancy under tie statute
The presumption is on the part of the
law, as it should be, that those claim
ing, are working the mines Let this be
kept in view, and the goblins coniured
from the Vastly depths of speculation
will disperse into thin air and the mys-
tilted be less liable to "put their foot
| in II 4"