The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1889-12-01
Iaimed by the Northern Pacific Railroad

company.
In conclusion your committee, fully ap-
preciating the vital Importance of the great
work undertaken by this convention, and
realizing also the difficulties m the way oil
its accomplishment. would respectfully sug-
gest that the Mineral Land Association as
soon as organized shall issue a call 10 the
people of Montana requesting that public
meetings shall be held in every locality
throughout the state to the end that this
subject may be fully discussed and the peo-
pie correctly advised as 10 the serious ma
ture of the threatened danger.
We believe that such a course will not
only arouse public interest, but that il will
also result in generous aid being extended
in support of the objects of the association
II. o. HIcKEAN,
Chairman.
JOSEPH X. CLARK,
JNo. A. WooDeos,
JSo. II. OwINos,
A. Ii. NELSON,
G. Is. CLIDDKN,
WILL KENNEDY,
LEE MANTLE.
Col. Sanders then held the floor for some
time. He said he did not have the honor
TO be delegate, but asked the privilege of
saving few words. On such an occasion
~ this he thought il best, first, TO compre-
hend the difficulty, and then ascertain the
remedy. Within the limits of the Northern
Pacific grant through the western half OF
Montana and extending beyond Spokane
Falls there WAS n mineral belt probably not
paralleled elsewhere in the world. Withnn
lhis belt mines have been discovered, are
being discovered and will continue 20 be
discovered doubtless for many hundred
years 10 come. Through this mineral belt
lands had been granted to the Northern
Pacific railroad company, but there was
an infirniity of description which lmperils
seriously the mining industry. lie held
that the railroad company does not now
and never can own foot of mineral land
within the limits of its grant unless com
gress should change the law. This he held
for two reasons. The congress OF tine
United States, which created that corpora
ton, denied 20 il the function Of holding
mineral lands and there was, therefore, IN
herent in the corporation itself an incapac-
| ity to take mineral lands sold or granted Co
| il. ANY attempt upon Its part 30 10 do
would be what is known TO the lawyers
as ultra wires. Secondly, IL appertains
TO congress TO dispose Of public lands. and
congress in the act of Incorporation passed
July I'd 1854, excluded mineral lands from
| the grant TO the railroad company except
iron and coal. Lest there might be some
doubt about the matter, IL thereafter ON Jan
uary 10, 1866. again provided that the grants
| 10 these railroads should not include min
| eral lands, but that they should be reserved
exclusively TO the United States, which pro-
vision was section 23l6 of the revised stat
utes Of the United States. He therefore
| held that in view of the law there
was not possibility of the Northern Pa
cifc railroad company ever obtaining title
to mineral lands. Because he 80 held he
did not, however, presume To question the
wisdom of the meeting or doubt the useful
ness of the action which it proposed. Speak.
ing of the uncertainty of title which ex
listed. be took il for granted on the statutes
and the authorities that If the Northern Pa.
cific railrond company should assume tC
convey 10 its grantee l60 acres of land, and
that grantee should proceed TO occupy the
same. and thereafter one, or ten or u hun.
dred years hence there should be discovered
on those premises mines which would pay
for working, the company grantee
would not be the owner OF
the same. but they world belong
to the discoverer, and he would he able 70
obtain patent from the United States and
recover the possession of the same; and that
no law of limitation or adyerss possession
would come 10 the rescue Of the title of the
railroad company. Such condition of af-
fairs was a great incubus To prosperity. He
believed il was the duty of the government
TO amicably make some arrangement with
| the railroad company ana take back all THIS
land not already disposed Of, compensating
the company with other lands or with com
pensation in some other form. He wished
TO assure all that the railroad company does
not own and never can own any mine not
coal or iron in Montana.
Will Kennedy of Boulder, Il. q. Merrill,
A.. ii. Nelson, Lee Mantle and General Har-
ris also spoke.
resolution offered by Kennedy was
adopted that the secretary of the interior
require the railroad company in obtaining
title TO lands to make the same proof as is
required Of private individuals In settling
ON lands.
A resolution offered by Hon. james Sui
livan TO the effect that il should be the duty
of the mineral land association 20 procure
the cancellation of the railroad company's
grant IN Montana so far as IL applies 10
mineral lands, caused considerable discus
sion. An amendment offered by Mantle
that the association correspond with the
railroad company and endeavor TO adjust
the matter amicaby If possible, was MOI
adopted. Sullivan's motion was also lost
The convention then adjourned, subject u
the call of the president.