The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1888-02-17
NEW NORTHWEST: DE
WE OFFER AN AMENDMENT.

WE OEEER AN AWENDMENV
In the House Of Representatives Feb. 9th
Delegate Toole introduced . bill directing
the Secretary Of the Interior to cause to b
re.examined all lands in Montana claimed
or selected BY the Northern Pacific railroad
under Ito grant and upon such re examina'
ton to reject and disallow from any claim
or selection, now made or to be hereafter
made, al lands found to be mineral q
contemplated and intended by Section 3 o
the granting act. Pending such re.examfna'
ton 1t is made unlawful for the Secretary Il
patent any more lands to the Northern Pa.
ciHc road, and any such patents hereafter
made are decl 4red void. The bill was sent
to the committee on public lands. This IL
good 20 far IS it goes, but this re. examina.
ton, if made, should be conducted by u. S.
Geological Surveyors, and under rigid IN
structions that no land shall be returned as
"uon. mineral" until the same is established
beyond all reasonable doubt. The danger
that now exists probably arose from instruc-
tions to Deputy U. S. Surveyors to survey
agricultural lands, and in doing so the sur
veyors extended their lines of townships up
from the valley into the mountainous lands
without any instructions or effort to ascer-
tain if they might contain minerals. 1t their
lines did not cross, or touch lands where
there was indisputable evidence Of quartz or
placer mines, they did not feel it incumbent
to explore for the same, and the sections, or
such parts Of them, except those covered by
patents or actual workings for minerals,
were returned without plat or field note to
indicate their mineral character, and without
raising . question that might defer payment
for their work. With only these evidences
before them, and successive changes Of in
cumbents in the Surveyor Generals and the
Land Offices at Helena, it came In time that
lands were certified to the Northern Pa
ciic as "non-mineral" when it may safely
be said there were hundreds if not thou
sands of mineral locations where large sums
were invested In general mining, and actual
representation" by labor was performed
every year. If these are mineral, other than
coal or iron, the Northern Pacific company
is not entitled to them under its charter; if
they are not the company is entitled to them,
and no man wishes to deprive them of their
rights. But, while the disputed lands were
as assuredly mineral then Is they are now,
their mineral character was then not Is alb
solutelv established IS it is now, or, II It
was, was not so certified to the Surveyor
Generals Office. To do justice to al, this
"mineral' or ssnon-mineral" character must
be determined before any title to the dis
puted ground passes to the Northern Pacific
company. Montana demands such title
shall not pass to i. If the land is mineral; If
is not mineral land the Northern Pacific
company is entitled to it. Neither the COM
pany nor the people want this to remain
undetermined, and prospectors and
cannot within reasonable time 60
upon every legal subdivision and prove up
. quartz or placer claim thereon. Neither
can it be determined by the conventional
such as have been sent out by
the Northern Pacific company, or the survey
ors who merely run exterior lines for so
much . mile. 1t seems, therefore, to us,
that the proper examination of surveyed
lands can only be made by = geological sur
vey, of which the United States has n or
more corps constantly in the field. No pat
ents should issue to the railroad company
until they certify the non-mineral character
Of each legal subdivision, and the titles to
lands not so certified by them should remain
10 the government until applied for under
patent. There is plenty of surveyed
ground for them to examine At present, and
the ordinary surveys should continue in ad-
vance of them until the character Of all
disputed lands is established. 1t seems to
us this duty is incumbent on the United
as . part Of its duty TO itself and as q
Of its contract with the Northern
company, and We urge upon Delegate
convention, The p1opliety of so
amending the bill above referred to. This
would not, of course, in any way interrupt
he establishment Of the proofs in tie Inter-
ior Department IF the mineral character of
lands Is now In process. That is an imme-
date method as relates to certain lands.
The one we suggest is q general method and
system that would, properly formulated.
cover all districts in mountainous lands
Within the grant subject 10 railroad title, and
absolutely just to all would, within =
reasonably limited time, definitely settle the
question at issue. The United States geo.
surveyors ann be put At better
,rk.