The new North-west., 1888-03-30
STATUS OF THE MINERAL LANDS.

An editorial which appeared IN This paper
last week concerning the United States Su-
preme Court decision relating to "known
mines," was written several days preceding,
when we had not seen Vice President Cakes
letter to the St. Paul Globe. In it he adroitly
converted the decision referred TO so as to
apply to the Northern Pacific land grant, but
we hold bis theory is wholly untenable and
will be so determined in Court or Congress.
He says Glands known to contain minerals
are exempted by the granting act from the
operation of the grant; not lands supposed
to contain minerals, or that at some future
time may be found to contain minerals.
When the Government surveys are made,
such of the sections included in the granting
act as at that time are not known to contain
minerals are patented TO the Company. That
settles the matter 50 far as titles to those
sections is concerned, and no future discov-
cry of minerals invalidates the .title," etc.
From this it will be seen the N. P. Co. is
proceeding on the "known mine" theory,
and also holds that sslist Il" for 1,143, ,095.97
acres, applied for December 9, 1886, under
the maps and Geld notes returned by Deputy
U. S. Mineral Surveyors, incontrovertibly
belongs to the N. P. R. R. Co. "List 13" in.
cludes nearly all the mineral lands surveyed
In Montana.
But very triaing circumstance threw the
application for these lands out of the "Agri.
cultural Division'' into the sMlneral Divis-
ion" of the General Land Office, where they
have ever since been, and now are, tied up.
The location of the "Independence" lode, in
Oro Fino gulch, made by Conrad Kobrs and
others, on which application for patent was
made December %, 1885, came in conflict
with "list 49," and the whole application of
the N. P. Co. for s'list 13" went into the
Mineral Division, that this trifing conflict
might be adjusted. Pending this, Commis-
sioner Sparks had ruled and recommended
to the Secretary of the Interior that land
grant railroads be required to make substan-
TALLY the same non. mineral afidavits that
agricultural applicants do. The Railroad
Company appealed from this, aud the ques.
ton is still pending before the Secretary Of
Interior. This is why the issuance of patent
was stayed. These matters have just become
public through q letter from Commissioner
Stockslsger to Thomas G. Merrill, Chairman
Of the Executive Committee of the Montana
Mineral Land Association. This was at
once answered by the committee urging that
the ruling of Commissioner Sparks be sus-
tanned, and explaining why the Deputy U.
S. Mineral Surveyors had returned no "min-
eral lands"-because they could not get pay
for surveying the same.
So, unless the Commissioner or Secretary
of Interior decide contrary to existing rule,
the N. P. Co. cannot acquire title to any Of
these lands without making non mineral
proof, and we have no apprehension Vice
President Oakes' views will be sustained.
An act of Congress will, however, be desir-
able to definitely settle the issue, and the K.
r. Co. may not then be satisfied until it has
been decided in the courts.
In our opinion an amendment to Mr..
Toole's bill, providing that the mountainous
lands Of Montana within the land grant be
examined by the U. S. geological survey
corps, and that no lands be decided to the r.
r. Co. except those it certifies to be Ron
mineral in character, is the best and speed
lest and just method Of determining this
important question.