The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-11-21
THE DESTINY OF MONTANA.
Delegate Toole's Views About
the Next New State.
MONTANA OMIN
Commissioner Sparks Timber Cut
ting Rules Ruinous Upon Terri
torial Mining Enterprises.
From THURSDAYS Daily.

The MINER finds the following intervie
with Hon. J. K. ioole in the National R
publican OF Washington, D. c., which vi
prove o. interest to our readers:
Hon. Joseph K. Tooleb became Montana
representative to Congress on the expir'
ton of the term OF Hon. Martin Maginn
on March 4, 1885. Born in Missouri, Co
boyhood and is familiar with the wants Il
well as the wonderful resources of tina
growing Territory. He has served wit
distinction as States Attorney, member {
the Legislative Assembly, and of the cor
stitutional convention of the Territory
and was chosen by the Democracy of Nor
tana by a complimentary majority t.
represent h.r in the Forty-Ninth Congress
He is now in the city looking after the in
terests Of his constituents.
"You have spent considerable timein tn
capital since your election" said a Repub
Ecan reporter to Mr.. Toole, yesterday
has anything ofspecial interest tIanspiret
affecting Montana. and how have yOl
occupied your timer"
IL have found much to occupy me here in
looking after such appointments as were
likely to fall to MnntB ia. and such depart
mental business as was incident to my OH
cial position. In the pursuit OF these du'
ties, obstacles and delays which do not OBJ
C1l ~ u AlC j "St~SA
and sometimes perplexing. but the uniform
courtesy and kindness shown me by the
President, Cabinet officers and the heads OF
bureaus have done much to counterbal-
ance these difficulties.
TERRITORIAL APPOINTMENTS.
Much interest has been felt in the course
to be pursued by the Administration rela-
tive to Territorial appointments. Thu his.
tory of the Territories j~ustifies the asser-
ton that they have been considered in the
past as a sort Of hospital for the care and
maintenance OF political weaklings from
the States; but. happily, this policy is CIV
ing way to a more just and enlightened pub
lie sentiment, which demands that their To-
cal government shall be intrusted to their
own citizens. This sentiment was 80 pc.
tential that it found a place in the national
platforms OF both political parties in their
last conventions.
1T is but fair to say that there have been
departures from the platform in this re-
spect in several instances, but in the main
it has been adhered to, and we find cause
for congratulation in even n partial reali-
zatio1 of our hopes, especially in Montana,
Der of other important officers have been
chosen from residents Of the territory"
GREAT P~ossIBILITlEs
Montana seems to be attracting consid-
cradle attention in the east as a territory
OF great Possibilities, remarked the report
er.
"Yes, and deservedly 90. The territory
is ENJOYING the greatest prosperity, and has
a most inviting future. Since the completion
of the Northern Pacific and Utah railroads
our population has rapidly increased, and
capital has been attracted to US. Our val.
leys are yielding largely in agricultural
products and vast tracts OF desert lands
are being reclaimed by irrigation. A million
head Of cattle. 10000 head OF horses, and
1900, 600 head Of sheep are graz ng upon
the nutritious grass OF that territory. Our
mines are the most productive OF any in the
it's infancy, the mineral output for 1885
will approximate in value $2S. OOO. OOO."
"How about your population"
sour population is close on to 10000.
No census has been taken for q long time,
but the vote at the last election showed
20, $50 male citizens over the age Of FL
years in the Territory"
SPARKS RULES.
II see that Mr.. Sparks, Commissioner OF
the General Land Office, has been estab-
fishing some new rules regulating the cut
ting of timber on mineral lands. How will
they affect Montana?"
II have felt the greatest anxiety about
this new circular, and sometime ago called
on the Secretary of the Interior and pro-
tested against it's approval, subsequently
addressing a letter to him ~reciting the mis-
chief which would follow it's enforcement,
and the great hardships it would entail
upon the residents of the mineral regions.
commissioner Sparks i%nterprets the act
OF Congress approved June 3. 1878, relau
ing to cutting timber on mineral lands to
mean that each individual must cut the
timber himself or by his personal agent,
and that cutting timber to be used as fuel
in quartz mills. smelters, and reduction
contemplated by the act referred to, but is
forbidden thereby.
"This statute is q remedial one, and as
such is in my opinion entitled to a liberal
construction. Such al illibera! constitution
as that given to it by Commissioner Sparks
would, of course, suspend all mining opera
tions in the West and throw thousands OF
people out of employment, a condition OF
things which am sure he does not wish to
bring about. There would be some plausi-
bility in his construction of the statnte if
there was any law by which timber or tim
bered lands could be purchased in mineral
districts, but there is none, and l maintain
that this statute WAS enacted for the very
purpose OF remedying this condition of
things.
TIMBER RIGHTS
1.-THE right to use timber for mining and
domestic purposes in it's most comprehen-
sive Specification has been expressly author
lied by the Interior Department since the
first settlement of mineral lands. and mill
ions of dollars have been invested in mines
and machinery upon the strength OF it. 1t
would be manifestly wrong to undertaket to
take away the right now, as such action
would result in the immediate destruction
OF the mining interests, and the capital in
vested therein.
but aside from these considerations it
is questionable whether the courts would
enforce such a regulation, as the law giving
authority to make such rules and regula-
tons necessary for the carrying out Of the
statute seems to me to go beyond consti-
tutional authority in this, that it is an at
tempt to confer legislative power upon an
executive department OF the government.
The true solution of the difficulty, in my
opinion, is to have these lands surveyed
and to provide some method by which the
citizen can acquire a title to the same, and
this remains for Congress in it's wisdom to
do The Secretary of the Interior is inn
pressed with the Importance OF the subject
and is proceeding cautiously. l believe he
will finally take this view, and make that
or q similar Recommendation TO congress-.
AS TO DER ADMISSION.
What are Montana's chances for ad,mis-
sion as a State at this session Of Congress?"
''Our people are naturally FESTIVE under
a territorial form of government. It is re-
strictive of the larger rights, liberties, and
aspirations Of citizenship. A large MAORI
ty OF our citizens favor an early admission
as a State. and to that end haveformulated
and adopted an admirable constitution,
and appointed a committee Of leading citi-
zens ia present the same to the President
and to Congress. Montana m Dakota
might be admitted without changing the
political complexion OF the Senate. | have
not even figured on the probability Of ac-
complishing this, but it is among the things
I hope for"