The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1889-12-02
Interesting Synopsis Of the Work OF
the Department in Charge of
Secretary Noble.
The Importance TO the Country of
Proper Utilization OF the
Arid Lands.
recommendations on the Subject of Mis-
eral Lands In Railroad Grants
The Pension bureau.

WAsuINaroN, Dec l.-Secretary Noble, in
his annual report, says the total number Of
agricultural patents issued for the fiscal
year ending June 30, 1889, was 70,14i. Dur
ing the first eleven months of that year
there were issued of said total 53,6ls pat
onts, being monthly average of 1874.
while during the month OF June of said
year, there were issued 1858 patents.
Notwithstanding the reduction of clerical
force during the months of July and Aug
ust, Of the present year, by leaves of alb
sence TO which the clerks are entitled, sick
ness, and other causes usually occurring
and unavoidable in these months Of the
year, agricultural patents were issued as
follows: July, 1923; August. 9,4s0. Adding
10 these the issue of June last, as above
given, ld,59S, We have the total for three
months Of S,42, or an average of JAP
| per month.
During the year the following patents. in
addition TO agricultural. were issued
Mineral patents. 9l3 coal patents, 155,
covering l7,c6 acres; railroad lnnds cover
ing f2b,ui6 acres; swamp lands, covering
2b9, III acres; state selections under educa-
tlonal grants, covering 132, $50 acres; Indian
and miscellaneous patents, 159.39O acres,
making grand total OF 12,7St,7l5 acres.
The final entries made during the year COW
cred sos, ,b.l3 III acres, the original entries,
s,.S9, lUo.A acres, and the railroad and other
| selections, 4,5l4,570.10 acres. The total
amount Of cash sales amounted to $S,379,-
il04o. The number of final entries dis
posed OF during the year reached $1,000.
There remained pending in the Office on
the 10Th Of June, 1889 1S0,6lS final entries
| OF all classee; of original entries of all
classes then pending 3lS,9s4. Railroad selec-
tions undisposed Of, 2,,444. .2bl "a acres ian
increase over the amount pending nj the be-
ginning of the year OF 4.0l4 ,,5S5. .b3 acres).
The cash receipts Of the year, from all
sources, were $9,GSb.Dl.3i, a decrease as
compared with the previous year of $3,s61,-
gb,uS. This decrease, the commissioner ex-
plains, was due mainly 10 the falling OF in
cash entries.
TN the subject Of irrigation the secretary
says; The act approved March 2, 1893
making appropriation for the sundry civil
expenses OF the government for the fiscal
year ending June 10, 1870, makes an appro-
priatios OF S2bO,Oo for investigating the
extent 10 which the arid region OF the
United States can be redeemed by irriga-
tlon. In conformity with the provisions OF
| the above acts, the director of the Qeolop-
zeal survey has notified the secretary of the
interior OF the selection of sites for reser--
volr purposes, situated in the following
states ana territories: California, Colorado,
lhb, Idnho, Montana and New Mexico
fileso selections have been approved by
tlc depait nent.
There ls certainly no object that should
be more earnestly considered than this
cause IN which the national government has
already invested 50 much money and TO
which u has demanded so much attention
10y its officers.
but II isuppnrent that in those states and
territories whore irrigation must be resorted
| To ana where the same stream runs through
| different states or different territories, un-
less some control is kept by the national
government, the stream may be exhausted
or greatly depleted by those nearest its
source, aud that those below, who have al
ready made every preparation and calcula-
tion dependent on the particular water sup
ply, nny be brought TO great loss, il not
destltutlon."
| MINERAL LANDS IN RAILROAD GRANTS
On the question of mineral lands in rail
road grants, the secretary says:
"Inere have been suspended in the Office,
lists of railroad selections involving some
b,bGl ,37 acres. upon the question whether
the company shall he required 10 furnish
any mineral aiildayits or not. The question
presents itself in regard 10 the mineral lands
lying within the grant of the railroads run
ming through mineral belts, and which
would otherwise than because of their min
eral character be included within the rail
road grants. The act of congress absolutely
and unqualifedly reserves all mineral lands
from the railroad grants made 90 the most
extended and important railroads of our
country, and this reservation Affects the
claim Of such n road as the Northern Pacific
10 great part of its land subsidy. II also
affects 10 n very considerable degree the
| Central Pacific and Southern Pacific roads.
with some others; and how to determine
what are mineral lands at this time when
the roads are claiming their grants is, in
deed, difficult and most important
matter. Originally II was left 10 the com
pany 10 make affidavit in form adopted by
my predecessors and by them deemed sufii-
cieut for long while, but by which IL WAS
not made necessary for the officer taking
the oath 10 swear 10 his actual knowledge
that the land was not mineral.
MANY of the selections made by the rail
roads under their grants we're supported by
such affidavit, but upon the same coming
before the commissioner OF the general land
OilicU ho demanded that further affidavit
should be made, the same as reqnired from
settlers on homestead claims, whereby actual
knowledge Of the fact that the same las
not mineral land was required 10 be sworn
10. This the railroad companies have failed
TO do, insisting that their claims, made un-
der the regulations al the time existing are
| valid and should be allowed. This question
liz not yet determined, but il is deemed
a matter 10 which your attention
should be invited for the purpose of having,
if necessary, some further Legislation upon
the subject. On the other hand il is 10 be
noted that the additional affidavit has been
required since the selections were claimed;
ON the other, stands the absolute reservation
of the law and the right of the people TO
enjoy these mineral lands. il such indeed
there be among the selections made by the
railroads. If legislation is not made ON
this subject the department will have to de-
eide by such light as may be obtained as 10
the real nature Of the lands, whether min
eral or not, however difficult the inquiry
may be and whatever the responsibility AS
sumed. IL is deemed, however. that
la law should be passed by con-
gress enabling the land department 20 thor
oughly investigate the character of lands
supposed 10 be mineral and within the res
eryation of the law before the railroad is
entitled TO any cession whatever. II would
require considerable appropriation for
the purpose of investigation and survey;
and. connected with this, authority should
be given TO the secretary of the interior 10
| refuse 10 certify lands TO the railroads until