The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1880-06-08
Mineral Lands.

WAsHINGToN. May 26.--The Secretary of
the Interior to- day transmitted to the Senate
a report from the Commissioner OF the Cen
eral Land Office OH the subject OF entries OF
townsitcs on mineral lands.
Commissioner Williamson, in his report,
first gives briefly the outlines of the practice
of the General Land Office under the laws
relating to the subject, citing number of
cases which have already been decided, one
of which is mentioned for the purpose of
illustrating the difficulties involved in cases
where town sites are made upon lands loca-
ted, purchased, and valuable for placer mines.
He then says: "In view of the fact that it
has for many years been the law that no title
to valid mining claim or possession could
be acquired through a town site entry, ami
that, when a surface placer claim of value
existed the town site claimant necessarily had
personal knowledge of the incompatibility of
Tue existence of both claims upon the same
grounds, | am, in the absence Of accurate
knowledge of the equitable claims, if any,
existing in individual cases heretofore EN-
braced in general adjudication, unable to ad-
visably conclude. what, if any equitable re-
lief is due, or what legislation could be
directed to relieve such occupations of town
sites, which would rot at the same time de-
stroy essential rights long since allowed by
law to mineral claimants"
Commissioner Williamson says, that in view
Of all the difficulties which seem to surround
this question, and the uncertainty Of title
which is represented to result from the appar
| emily unavoidable construction of existing
| laws, such legislation should be had as would
| III st distinctly define the respective rights of
| mineral and town site claimants. TO this end
| he suggests that if new legislation be had, it
should provide for the following conditions ::
| jrSt-- u \Ebnra m pnra1 lopatnpc nf lnIoS NJ
pacers antedates town occupation, patents
should issue without reservation to the min
eral claimants.
| Second-Where the land is occupied as a
| town prior to the mineral location, and the
| charter of the town occupancy IS clearly per-
manent and in good faith, the same rule of
priority should control, and patent without
reservation should issue to the town authori.
ties without regard to the character Of the
land.
Third-Where the ground is known to be
mineral in character, and the location of min
ing claims and occupancy of dwellings
stores, etc., proceed contemporaneouslY, very
different questions of fact arise IN every
case. When the surface occupants decide
upon permanent organized occupation, it is il
their power to Immediately apply for pat,
ent, or at least give published notice O.
their claim and file the same in the district
| land once. ana tnlS Woulu De Iull nOtlct
from its date to all subsequent locators o
mining claims and the rights of the town te
INDICATED ground should attach, and paten
issue without exception in favor of such sub
sAquent locators, while prior locations mad,
during the period when everything except tn,
mining location was considered transcien
and calculated only for temporary purposes
should not be embraced in a town site entry
but be subject to entry and patent without an.
reservation by the original owners thereof.
In conclusion the Commissioner says: g
think that any objection to this plan, base,
upon the proposition that valuable mnera
ground may some times be patented to a tow
should be subordnated tothe larger interest
public and private, to be secured by certaint
of proceedings and place of title.'