New-York tribune., 1880-03-02
MINORITY REPORT ON PUBLIC LANDS.

MAJOR POWELL MAKES A NUMBER OF SUGGESTIONS
ABOUT MINES, PAsTURAGE LANDS AND THE
RIGHT TO WATER FOR IRRIGATION.
IBY TELEGRAPH TO THE TRIBUNEl
WASHINGTON March lit is understood that the
report of the Public Lands Commission was held
back for some time because of disagreement on
several important points. The deadlock continued
for several days 1t was then agreed to send in
the report, an abstract of which appeared exclu-
sivelv in THE TRIBUNE OF last Tuesday. 1t also
understood that q minority report would be sub
mtted by Major j. w. Powell, who, with another
member of the commission, did not subscribe to all
the propositions contained in the full report.
The minority report has not yet been printed, but
O TRIBUNE correspondent has obtained copy OF It,.
Major Powell dissents from that part of the re-
port which recommends that in the disposal of irri-
gable lands the title to the water may be separated
from the title to the land. He submits two amend
ments to the bill which was sent to Congress, de-
signed to provide that the light 10 the water for
irrigation purposes shall inhere in the land so
that landowners shall not be subject and tributary
10 few stock com panies owning the water.
Major Powell suggests several important amend-
ments affecting the disposal of pasturage and min
era lands The first of these Is as follows:
In the lands pateuted under the provisions Of this
chapter all subteranean mining property and rights for
mining PURPOSES hereby reserved from the surface
Ever the surface property ana rights for pasuraee pur-
pose to any tract Of land passed from the Govern
under the provisions Of tio act suDerranean pro-
perry rights for mining purposes therein may be ac
auned under The provisions OF the Kiln chapter OF this
Act. etc.
1t is also recommended that every patent issued
for pasturage land shall contain tho following
clause
Except and excluding FROM these presents all sub
terranean property rights IN any lnor OF goo; 5Vcr
mineral deposit and the property conveyed in thls pa
ent shall be ervien to the easements necessary or us
Covering aud working mines therein, elc.
In all patents for mineral landsit is recommended
that there be inserted clause excluding all surface
property rights with prOviso, That there shall
be dominant in the property conveyed the ease
nents the surface property necessary Tor dlscoy
erng and working mines therein"
In support of these amendments 10 the bill pre-
pared by the Commission, Major Powell the
following language:
Abopt onehalf of all the lands the western portion
of the United ctaies bearing gold silver and other ores
81 ike geological occurrence are covered with forests
and hence are both timber and mineral lands. Pro
the timber, the fee OF the land TO remain IN the Govern
uent and suoa lands are held IeG 20 "nu
The other half Of these mineral lands are also
kasturage lands Its believed that the enactment OF
NE pastur2ge law as recommended by the commission
ptLout the amendment above indicated wOdIa ie
ait in passing a large amount Of mineral lands
Industries, and thus the mining industry VI De country
sDecesssrily very large and If it Is given the settler
he should consider II hardship n the mines con
tained therein are severed from his ownership.
II believed that at least ninety nine Onehndredths
OF coal lands OF the western portion OF the United
situate In lands belonging to tho class desle
mated In the tentative bull as pastrsgo lands IL has
been recommended that the coal nds De sOd at So per
acre but ia pasturage homestead act titles can be
acquired four sections pasturage lands nj nominal
price aud such lands might and would be defued prop
rry as coal lands that is they would contain beds OF
coal of commercial value, Toe pasturage homestead
designed 10 secure the sale OF the c3al lands at
$40 per acre.