The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1880-06-15

DEPARTMENT OF THE INTERIOR
GENERAL LAND OFFICE.
WASHINGTON April u, 1850.
Registers and Receivers, United States Land
Offices:
GENTLEMEN Your attention is directed
to the following copy of letter from the Hon.
Secretary Of the Interior:
DEPARTMENT OF THE INTERlOR,)
WASHINGTON, April H, 1850. 5
"SIR:-1 laye received your letter of the
| 10th instant, calling my attention to the with
| drawaS heretofore made of mineral lands
| under the direction of my predecessor, Hon.
G. Delano, and setting forth at length the
| difficulties which arise in the adjustment of
| homestead and preemption claims on account
| of said Withdrawals, and recommending in
| view Of such difficulties that the present pol
icy and practice of throwing the burden of
| proof upon agricultural claimants be reversed;
that the applicant for such entry be required
to make the non-mneral affidavit required as
aforesaid, and that this be deemed sufficient
in absence Of the alleged mineral character
OF his claim; that if party does allege IN
proper form that the land is valuable for min
erals, he should be required to atiirmatively
prove the fact, instead of in every case, with or
without such allegation, requiring every set
tier to prove an expensive negative
"You further recommend 'that the with
drawals heretofore made as aforesaid be re-
|
upon bona .fdc agricultural settlements, an,
to place such lands in a condition where they
can be occupied, purchased and developed
81 have carefully consi iered the u .om-
mendations made by you for the reasons stat
ed, and have 10 say that they meet my ap-
proval.
"You are therefore instructed to so modify
the instructions of your Office as to conform
to said recommendations, and you are also
| in a1 n - V0kA tho nr1Arc Of xy;t
ais mentioned by you, in oder that the re-
strictions thereby made upon agricultural
settlements of the lands may be removed.
"Very respectfully,
&C. SCHURz,
"SecIetary.
"7he Commissioner Of the General Land Of
| flee.
Tho recommendations to the Hon. Secreta-
ry, upon which his said approval was based,
are, in brief and in substance, that immense
tracts of land are now, and, for several years
last past, have been, officially deslgnatedas
mineral lands that ~ a matter of fact bu
an exceedingly small part of this entire area
is valuable for miner.ls, but is good agricul-
tural land; that these Withdrawn lands are
subject to entry under the homestead, pre-
, empton, and other laws providing for the sale
of agricultural lands only after a hearing in
every case wherein tho burden of proof lies
upon the agricultural applicant to establish
that the tract claimed is non mineral; that it
is thus rendered exceedingly easy to cause
such applicant great expense, delay and vex-
alton; that the expense, embarrassment and
delay actually incident to the course hitherto
- pursued operate. to discourage ard prevent
settlements on such lands; that the timber
on thts lands is being largely taken on the
claim that they are mineral lands; and that
<the vast tracts so designated and which are
capable OF supporting many thousands OF
settlers, adding largely to the productions OF
the country and contributing to its better
progress, are not only for the most part prac-
tically reserved from sale under any law, bu
being so secluded it becomes easier to fraud
ulentlv enter as agricultural tract which he
may discover to be valuable for minerals thai
for bona ,fde settler to secure patent for ag
ncultuial land. All of such withdrawal:
heretofore made Of lands in your district ar,
hereby revoked; and when any party apple:
TO enter any tract under any of the law!
relating to agricultural lands, he will be re
quired to make the usual non-mineral aftda
Wit, which, in the absence Of any allegation
that the land IS mineral, will be deemed .uf
ficent. Should atfidavis be filed with yol
properly alleging any tract sought 10 be ell
tered as aforesaid to be mineral, you will
after due notice, hold hearing to determine
the facts. In such cases the burden of proc
will rest upon the party who alleges the lane
to be valuable for minerals. and he mus
aflirmatvely prove his allegations.
1t is expected that you will exercise all pos
sible prudence and care In respect to thi.
: matter. and endeavor to carefully and consci
2 entiOllsly maintain and advance tie purpose
: of the department and this office, to-wlt: t'
s enable the public land, which are in fact agri
/ cultural to be occupied and purchased withou
7 oppressive conditions, and to prevent land
= which are in fact agricultural to br occupied
and purchased without oppressive conditions
, and to prevent lands which are in fact valua
} bic for minerals from being taken except un
t der the special laws applicable thereto.
Very respectfully,
J. A. WILLIAMSON. Commissioner.