Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-06-04
Importan: ifeeision IN Reference 10 Min
craI Lands.


Important Geeision IN Reference 10 Min
craI Lands.
Special to the REcoRD-UNloNl
WASHINGTON, June Sd.-The following cir
cular mas just been issued by the Commits
sioner of the General Land Office It will
be most important news to settlers on the
mineral belt of California:
DEPARTNeNT OF THE INTERIOR.
W WASHINGTON, June ., 1880
To Registers and Receivers Gentlemen Your
attention is directed to the following letter from
Hon. Carl Sehufz, Secretary OF Interior:
"WAsnINsroS, April %, 1880.
Sir: have received your letter of the 10th in
stant calling my attention the Withdrawals here
tofcrc made under the direction of my prede-
cessor, Hon. G Oelano, and sett ng forth at length
the difficulties which arise in the adjustment of
homestead and presumption claims account of
said Withdrawals and recommending, in view of
such difficulties, that the present policy and prac
tice OF throwing the burden OF proof upon agrcult
ural claiman be reversed; that the applicant for
such entry be required 10 make the non
mineral affidavit required as aforesaid, and
that this be deemed sufficient in the absence of
the alleged mineral character OF the claim that il
party does allege in proper form that the land is
valuable for minerals, he should be required TO af
Tentatively prove the fact, instead of in every case
with or without such allegation, requiring every
settler 10 prove an expensive negative
You further recommend that the Withdrawals
heretofore made aforesaid be revoked in order
remove tie restriction upon bona iide agricultural
settlements, and TO place such lands in a condition
where they can be occupied, purchased and devel
oped.'
Il have carefully considered the recommendations
made by you for the reasons Stated and have say
that they meet my approval.
You therefore instructed to SO modify the
instructions of your office to conform 10 said
concentrations, and you are also instructed to re-
yoke the orders OF withdrawal mentioned by you in
order that the restrictions thereby made upon agri
cultural settlements OF the lands may be removed.
very respectfully,
SCI SCHURZ, Secretary
To the Commissioner Of the General Land OF
flee
The recommendations to the Hon. Secretary
upon which his said approval was based are in
brief and in substance that immense tracts of land
now and for several years last past have BEEN
officially designated mineral lands; that as mat
ter OF fact but exceedingly small part OF this en-
tire is valuable for minerals, but is good agri-
cultural land that these withdrawn lands are sub
ject to entry under the homestead pre-emption and
other laws providing for the sale of agricultural
lands only after hearing every case wherein the
burden of proof lies upon the agricultural applicant
to establish that the tract claimed is non-,nincial
that it is thus rendered exceedingly easy to cause
such applicant great expense, delay and vexation
that the expense embarrassment and delay actually
incident to the course hitherto pursued operate to
discourage and prevent settlement such lands
that the timber on these lands is being
largely taken on the claim that they arc
mineral lands; and that the vast tracts so desig-
mated and which capable of supporting many
thousands OF settlers, adding largely to the produc
tons of the country and contributing to its better
progress, not only for the most part practically
reserved from sale under any law but being so Sc
cluded it becomes easier for party to faudulently
enter as agricultural tract which he may discover
to be valuable for minerals, than for a bona ride
settler to secure patent for agricultural land. All
of such Withdrawals heretofore made of lands in
your district hereby revoked and when any
party applies to enter any tract under any of the
laws relating to agricultural lands, he will be re-
quired to make the usual non mineral affidavit
which, in the absence of any allegation that the
land is mineral. will be deemed sufficient. Should
afiidavits be filed with you, properly alleging any
tract sought to be entered aforesaid to be mineral
you WILL after due notice, hold hearing to deter
mine the facts. In such the burden of proof
will rest upon the party who alleges the land to be
valuable for minerals, and he must afiirmatively
prove his allegations.
1t is expected that you will exercise all possible
in respect to this matter and endeayor to care
fully and conscientousy maintain and sdyance the
purpose of the Department and this office, to wit
to enable the public lands which are in fact agri
cultural to be occupied and purchased without op.
pressve conditions and TO prevent lands which are
i'll fact valuable Tor minerals from being taken ex.
eept under the special laws applicable thereto
Very respectfully, J. A. WILLIAMSON,
Commissioner.