The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1888-03-09
Is THERE ~no DANGER ?"

The Independent says tho Mineral Land
Association has Published $500 memorial
pamphlets, and 10000 blank amdavits and
petitions to Congress praying for legislative
selief. Several hundred afidavits have al
ready been filed. It has been alleged there
10 no danger Of the title TO mineral lands
passing to the Northern Pacific.
The following 10 an affidavit, says the In
dependent, furnished Mr.. Merrill, which will
give an idea of the general tenor Of some Of
the certificates. It is signed by r. N. Fos-
ter, of Red Bluff, Madison County, testified
BY him before Charles q. Peck, Notary
Public, and certified to by W. p. Garmis, r.
B. Smith, Henry Husselbecker, Charles
Holdmsn, John F. Hoskins, II. ". Foster,
and j. L. Miniss. 1t says:
My house and other buildings was built
in 1880, and peaceable possession has been
held until of late the Northern Pacific rail
road has sold to their attorney, II. n. Blake,
the section which my house and other build
ings sits on, and now the said II. N. Blake
demands of me the purchase Of said land my
house and other buildings stand on. I also
have q lode claim. The Tunnel is run ITO
feet to shaft of lode which I IN sinking on
and taking out ore. The mouth of the tun-
mel is twenty-five feet from my house, where
myself and family now live At the present
time, February %, 1883. All Of the above
named buildings and lode claim are in Sec
ton Z, township 8 south. range / east, Mad.
ison county, Montana Territory.
Here is smineral land" evidenced by the
actual production of ore through . tunnel
within Is feet Of the atlantis house from .
vein 10 feet distant, and yet he testi6es the
Northern Pacific Railroad Company has
actually sold said land to Judge Blake
and the latter demands from him the pur-
chase of the land bis buildings are on. II
the Northern Pacific company can hold nom
mineral lands that close to the natural dump
of . mining claim, even if the land would
not be within the boundaries that 60 with .
location, the line Of demarcation should he
we'll established before the company gets
title to the land. But If, Is appears more
probable, the houses are within the bound
aries of the location, this instance Is an apt
illustration of what Is possible to result If the
U. S. Land Office issues patents to the r. R.
company on the lands rs certified up to 1t by
the Local Land Office, and the company, or
those holding titles from it, could As consist
emily demand payment from the occupants
of any of said lands. In referring to this
Mineral Land question the Miner says:
"Some people have remarked in connec-
ton with this movement to head off the pat
enting Of the mineral lands of Montana to
the Northern Pacific, that they had just Is
soon get = patent from the road as the Gov
eminent. This would be all right if the
Northern Pacific would charge no more for .
patent to q mineral claim than the Govern
ment. But there is no assurance of this.
The road would naturally charge whatever
its agent thought the claim woull bear.
Besides, there are now . number of claims
being worked that no patents have been se-
cured for. These, if on the company's sec
lions. would be at once levied upon for all
they were worth. Under any circumstances
it is much safer to deal with Uncle Sam
than 4 corporation"
The question goes still further than this.
The U. s. mineral lands are now open, free,
to prospecting, development and working.
A patent need never be acquired by one who
does the representation work required.
Certainly the Railroad company would not
permit this, and prospeciors would be liable
for tresspass and might be elected. Beside,
the requirement Of title to mineral lands by
the company under the land grant Of the
charter is . fraud, although there may be
technical difficulty in establishing the suit
to show it, and titles to mineral lands from
the Railroad company might be disturbed
at any time. It is better the title to mineral
lands should remain just where it is until
conveyed to applicants for patent under the
laws of the United States.