The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1880-06-27
MINERAL LANDS.

r. MINERAL LANDS.
The following 10 the text of a letter
from the Secretary of the Interior "a
the Commissioned OF ths Land. Office,
undsr date Of April %. 1880
Sir: Ihavs received your istter sl
the 18th inst mt. calling my attention
TO the Withdrawals heretofore made oi
mineral ianis under the direction OF
my predecessor. Hon. G. Delane. and
setting forth at length the difficulties
which arise in the adjustment of home.
stead and pre- EN- ,tion claims on &C.
count Of said withdrawsis. and rscsn-
mending in view Of such difficulties
that the present policy aud practise
ofthfowing the burden Of proof uron
agricultural claimants be reversed that
the applicant of such entry be required
to make the non. mineral affidavit re-
quired ~ aforesaid. and that this be
deemed Sufficient in the ahsepce Of the
alleged minersi chafacter Of Ais elassn
that if . party does allege in proper
form that the lssd is valuable for miu-
erals, he should be required to affirma-
lively prove the fact, instead of in every
casa, with or without such allegation,
requiring every settler to prove an ex-
psnsivs negative
You further recommsud that the
withdra walls heretofore ansde as sfore--
said be revoked. in order to fe0sve the
restriction upon bona tide agricsltursf
settlements. and 10 pluee such lands il
y conditios where they can 10 occupied.
purchased, and developed
"I have carefully considered the
Recommendation made by you for the
reasons stated. and have to say that
they meet my approval.
"You are therefore instructed to 90
modify the ins:ruetijns Of your Office
~ to conform to ssid reeOmneada&isn
and You are also instructed to revoke
tho orders of Withdrawals mentioned
by you, in order that the restrictions
thereby made upon agricultural settle
msnts OF the lands may be removed.
The following are the direetiops Of
the ConnnSiop Or n the several distfiet
land sfRersy yiA "a f*8 -. J&4Sl
The recommendation 10 the Hon.
Secretary, upon which bis said ap-
proval was 6essd, 10 brisi Shd u snb-I
stanos, that immense tracts Of land are
nsO. and. for several years last past,
hAvs been. olisiSlly dosi1nat9Assuinr,
sral hands tAss ss , Mntto1 u6db@
but IN sxceedingly small part Of this
entire area 10 valuable for minerals. but
is good agricultural land; that thsss
withdrawn lands are sabjsct to entry
updsr the homestead. prs-empaion, and
other laws providing for the sale Of
agricultural lends osly silss 9 hssxiog
in every case within the burden Of pseof
lies upon the agricultural applissnt to
establish thst the trsct claimed b non.
ninsrsl; that il 10 thus rendered q.
osediagly easy 70 ssuss such Gpplicant
gpaAt sxpenss. delay. and. SexaGiso |;
that the expense, embarrassment. and
delay actually 1nei0ea1 TO the course
hithsrto pursued opsrsts b discoursgs
esd prsv1nt SestteoUaes sn suoh lsnds
that ths timber On these iandsis Ming
largely taken op the clain that they
ares mineral landss apd that che vast
tsaces - dssignsssA and chick sss
capable of supporting many thouD6ud
Of sssalsrs. sdaing lArssly - ths pre-
daetions of the country spd contsibdt-
ing 70 Id hettsss progress. are pet oOly
foe the most part practically reserved
g. >>i~ wvIsp ~nv lao hxat k~fma sa,
secluded Il bsoemss easiee for . party
to frsuduieutly sntef = agrinnitufsl ;
trAes vhioh may b disoovsrsd . b
valuable Sur minsssls thas fos Ass0
N1e settler 10 secure pstsnt for agricul-
tusal land. All such Withdrawals here.
tofore made. of lands in your district
ere hseshy rss6ks1; md vben apj
party applies TO enter any tract under
any at the Laws relating 10 the agrical.
tussl lands, ~ will b ersquirsd to make
ths ussal nsa.mineysl adanRi6 which.
in the sbssnce 81 Any sllsgstios thst
the iasd 10 mineea1. will b. dasmed s0f.
apisnt. 6hosld si6dsvis be Alsa sisA
ron psopsriy alleging spy trsct Sought
"a b. entered - aforseaid 70 b nissgAl,
sou vii. after due soetees hold . beor.
iue o doassaise .tho fActs. In such
uses the burden sf - pruof will rsse
% the party who sileSes the lsnd tn BE-
valuable 6oe mineeals. and he nus1
aslruativsly prove his allegations.
Il i expsstsd that yea will - Ill
uossibie pr.1sncs ssod e.reia rnpoel
10 this eeeese, I'D sedseveer esfagy.