The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1880-06-25
MONUMENTAL PROOFS.
he Former Requirements Reversed,

DEPARTMENT OF THE INTERIOR,
Y. GENERAL LAND 0FFIoE,
Washington, ID. T., April u, 1890
Registers and RecsiUers o. 8. District Land Offices:
GENTLEMEN: Your attention is directed to the fol-
lowing copy OF letter from he Hon. Secretary OF the
Interior: H -'. iu .-E.Hrr.-
g. DEPARTMENT OF THE INTERIOR /
Washington, April ~, 1880
SIR: or. ...r..''s
II have received your letter Of the 10th instant cal
ling my attention to the Withdrawals heretofore made
Of mineral lands under the direction OF my predeces-
sor, Hon. O. Deano, and setting forth at length the
difficulties which arise la the ali ustmsnt of home
stead and presumption claims account Of said with
drawals and recommep ding in view OF such dinicu-
ties that the present rocy and practice OF throwing
the bud OF proof upon agricultural claimants he
versed that the applicant tor such entry be required
to make the -minoral atfdayit required aiore
said and that this be deemed sufficient in absence os
the alleged mineral character OF hts claim that II
party does aIege In proper that the lad Is vau
able for minerals he should be required to aHirma-
lively prove the facr instead OF in every case with
without such allegation requiring every settler to
prove an expensive negative .
I" You further recommend that the Withdrawals
heretofore ma dc aforesaid be revoked IN order to
remove tho restriction upon bona it'd, agricultural t.
Elements. and TO place such lands in coniitiJuw here
they can be occupied, purchased, and Developed
IL have carefully considered the recomm eudatons
made by Won for thereasons stated. and nave say
that they meet my approval. .....t
.You are therefore instructed to ,dify the in
struetons of your Office " conform 10 said
mendations, and you also instructed to revoke the
orders OF Withdrawals mentioned by you IN order that
the restrictions thereby made upon agricultural set
Elements OF the lands may be removed. argt
~ Very respectfully. f z-lg
.-.. G. scaURz,
@A=@''+ mass. Secretary.
The Commissioner of the General Land ofzce.
The Recommendation 70 he Hon. Secretary, upon
which his said appr oval was based. are In brief and
In substance that I'm tracts VI land now aud
for several years past have been officially designated
~ mineral lands; thai as matter OF fact but
ceedng;y small part Of this entire valuable for
minerals but is good sgri ieultnra land that these
Withdrawn lands are bjct to entry under the home
stead presumption, and other laws providing Tor the
sale Of agricultural lands only after hearing In every
case wherein the burden OF proof Hes upon the agri
cultural applicant 10 establshth the tract claimed s
that it u thus rendered exceedingly easy
to cause such applicant great expense, delay. aud
vexatons; that the expense, embarrassment, and de-
operate to discourage and prevent settlements on such
lands that the timber on these Lands s being largely
taken ON the claim that they mineral lands: and
that the tracts designated and which capa-
BILE Of supporting many thousands OF settlers, adding
largely to the productions VI the country and
tbuting to its better progress, not only the
most part practically reserved from sale under any
law, but being 80 secluded it becomes easier for
party to frauduently enter as agricultural a tract
which he may discover to be valuable for mineral
han for bona ae settler to patent for agri-
,utaral land. All Of such withdrawals heretofore
made Of lands In your district are hereby revoked;
md when any party applies TO enter any tract under
my Of the laws relating TO agricultural asds, he viii
be- required TO make the usnl mineral affidavit,
which. In the absenc OF any allegation that the land
9 mineral, win be deemed sufficient. Should anida-
iits be filed with you properly alleging any tract
'ought 10 ba entered as aforesaid TO be mineral you
v after due notice. hold hearing to determine the
acts. In such the burden OF proof VIII rest up
m the party who alleges the land TO be valuable tor
Minerals and he must afIirnayely prove hs1allega-
ions. s.s tt Ea8tnI CIg
Il Ia expected that you win exercise all possible
prudence and In respect TO this matter and en-
Ieavor to carefully and conscientionsiy maintan aud
dvance the purpose Of the Department and this
)fscc, to-wit To enable the public 1n,ds which
q tact agricultural 10 be occupied and pugchased
without oppressive conditions and to prevent lands
Vii ch are in fact valuable Tor minerals nom being la
ten except under the special laws apbcass thereto.
rs Very respectfully, pn1Asns
s4 y, A. WILLIAMSON.
Commissioner.