The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-02-10
The House and Senate Mining Com.
mittess Listen 10 Mr.. Merrill
on tho Subject
He Lays Bare tho Positions o.
the People and the Rail-
road Company.
A Special Representative should bs Aent
70 Washinston-Congysss VIII ~
Mem0Pislized

rstA WbSAAb Vh~ ANSAk = btsAV SSS
grant against the alleged Yapacity Of the
railroad company, addressed the joint
COMMITTEES on mines and mining last night,
in Of the house committee ROOMS.
Those present were Senators Hennessy,
Hoffman, Thornton and Power. and Rep
ressntstives PenroSs, Clark, Breen and
Roberts.
Mr.. Merrill, who IL worry familiar with
all the details Of the controversy, told the
committee that there were 100000
acres Of mineral bearing land in Ncntans
which the Northern Pacific would dsvous
and deprive the people Of II some speedy
remedy II not brought shout 10
check the corporation. He read At
some length court decisions bearing upon
the same subject, bills introduced in WASH
inRton. Secretary Mobiles recommends
tions on the subject, and Tecitsd his own
views Of the csss. He said the courts 10
far have been against the people in the
con struction Of the Law 40 it relates to the
def milton Of what constitutes mineral land.
To be mineral IL must contain mineral that
will pay for the working. Congress has
. aid to the railroad company that mineral
lands, except coal and iron, shall not be in
Guided: bnt cOngrees does not, nor does u
pretend e say, that c % w; s mineral 1.a,,I
says, lies the foundation for oil the trouble.
He aid that Montana has . friend in
Hon. John w. Noble, secretary Of the In.
terror. He appreciates tho importance at
tached 70 the preservation OF the mineral
lands for the people Of Montana. The sec.
the passsgeo Of a bill providing for the ap-
p%ointment Of . compission TO- investigate
and designate what Gre and what are not
mineral lands within tho grant. One Of
his LAST remarks TO 4r. Merrill, while the
lstter was in Washington. was that the
to any mineral land while he was in Office.
They are not striviik TO ecure patents TO
their agricultural laSds, said MI. Merrill,
but are using evervsH20f1 to ret patents on
the mineral land if9t. He said the pat
ents issued should reserve to the people the
right to take possession Of any ground up
on which mineral might be found, even
though it was not Uncovered until 100 years
after the patent WA granted. The
fact that mineral had been found, he said,
would be sufficient proof that the railroad
company had no right to the land in the
hrst place.
He intimsted that Montana's representa-
tives in congress were not DUNG their duty
on this question. He attributed this toa pre-
sumption on his part that other mstterso c.
cupied their time, but to him no matter OF
greater moment had ever come before the
people. lie said the bill introduced by Mr..
Carter was good enough as far as it vent.
and paying mines OF the state, but offered
no projection for the undiscovered and I'M
prospected mineral regions. In MissOula
county alone, he said, there are two million
acres Of mountainous mineral land which
tie railroad company ia seeking. to steal.
This great stretch OF country ID almost en-
tirely unprospected,
Mr.. Merrill prepared a bill and gave IL to
Mr.. Payson,of Illinois, chairman of the pub
lie lands committee. which was introduced
last April md has never since been re.
ported. Nj. Carter's bill il also in the pos
not very likely be heard Of during this Sos
sion Of congress. Az to Mr.. Payson, he
said the Illinois gentleman was very much
in favor of the bill At first but since IL fell to
his care he has experienced . sudden and
pronounced change of heart.
1t iS only o few weeks ago since the gen
erai land Office sent out an order instruct
ing the local land Offices not to accept ap-
plications for patents to mineral land on
odd numbered sections. By this Mr.. Mer-
rill said many mining properties in the
vicinity Of Butte n elsewhere will lie en-
dangered. He said the Pacific roads were
combined on this issue and never sleep on
the subject.
Tbs work done thus far, he said, had pre-
vented the issuance Of patents to the COM
pany for land in Missoula. But there is q
great deal of work to be done yet: There IL
. powerfulf foe to contend with. The Pacific
roads have great strength and infut nee in
the senate. and always have a good deal to
do with the selection of western senators.
He said the state of Montana should take
hold of this matter and memor.a,ize the
president and congress, and get all the
other Pacific states and territories to join
hands and make a strong pull together,
tive, at Washington. he thought would have
a good effect in preventing tie Pacific roads
from getting possession OF the mineral
lands.
In addition he would suggest that the
state select n man to prepare a concise
statement of all the facts to be presented to
the president and each member Of congress
in person; send q man to Washington with
credentials from the state and have him
work. He said the subject was Of sufficient
importance to have q man in Washington
who would give his entire and undivided
attention to ~familiariziug the congressman
with the matter. 4 presentation Of the
facts will have. he thought, the desired in
fiuence. 1t will not do to mail the printed
matter citing the facts, as more than three
fourths of the circulars would never be
opened.
MIR. Breen thought MOntana's delegation
was aware of the facts. and Mr.. Penrose
wondered why the bill was still in commit
tee. Mr.. Merrill said he supposed the Mon
tana members had knowledge of tie facts,
but without saying anything d~iscourtcous
about them, he minated that they were
not losing any sleep in their anxiety to pro.
tect the miners Of the state.
Mr.. Merrill said that thus far the people
had voluntarily subscribed about $1,000,
which had been used in fuFthering the light
against the railroad. He said he would not
try to raise any more money that way. He
felt that tho state ought TO make an appro-
priation for ths expenses Of an active and
competent man to see that every member
of the next congress learns of this matter.
The subject would require all the time Of
one man and the three representatives
could be occasionally reminded that the
people wanted them to do something. He
did not know Of the propriety of sending a
he said something should be done immedi-
ately. The probability ID that the undis-
covered mineral lands are vastly richer
than those al. eady developed.
senator Thornton inquired IL IL was the
policy OF the railroads to hold their lands
and soil them for their mineral value.
Senator Hoffman said that il Lamborn
finds any mineral ON the company's land he
will make the purchaser pay moro than tho
land 10 worth.
Mr.. Merrill said In the blank conveyanoes
of the company they have q provision rc-
serving 70 themselves all the mineral, in
Guiding coal and iron. that may be found.
and also reserve the right to appropriate
what ground may b necessary 10 work the
same.
fNeh., ->~. .;x>J ou. h.-.--.