The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-12-13
MONTANA MINERAL LAND.
Concluded from First PaEe.

arai irterviews with Secretary Noble. A
most Of these Hon. 4. III. Carter, Juse mp
Dointed commissioner of the general IAN
Office, was present ana seoG hnnar a u nr r
70 TIE secretary. The secretary also had be.
fore him the report of Surveyor-Genera
Entnn. He declared that he was fixed II
hid determination that the interior depart
ment while under his control, would issu'
no patent to the railroad companies tor any
land within their giants that was oiainiet
Is Be mineral, or for lands III any sector
Of the country which might be expected &c
rroye to be mineral, until the final adludi-
cation OF all the pending questions oy con
greas ana the supreme court. l note tha'
lii his late report to the president, he reiter.
atss this decision. and have no aonot tna'
this will continue to de the policy OF the M
terror department and of the general lana
office, while the present headsof those Rfeat
Offices remain III their places.
This great danger of a premature issue OF
PATENTS to thesa disputed sections having
been happily averted the land department OF
the government being thus solidly com
mittea to the peoples side of the contro-
yersy, II was no longer necessary to watch
the course of each of the many contested
cases. and we are permitted to look to con-
Rress and the supreme court for a final n
favorable decision Of the whole question IN
favor of the people.
In the Congress of the United States.
II has been asked what power has con-
rress to disturb a vested right or change
the conditions OF a contract under the con-
stitution, and of whaS benefit any act OF
congress can be in this matter. We do not
call on congress to do any act that Ia not
but we do claim that under tho provisions
Of the grant itself, and under the condi-
tons under which that grant is endeavored
to be construed, it has ample power to af-
ford a remedy in this case, and to pass
such legislation as will be binding upon
the court of final resort. We claim
that the government should retain all these
lands in it's own possession until it has
through it's own agencies surveyed them,
examined them, classified them and rightly
and exactly determined what are mineral
lands and what are not. We claim that it
10 its duty to provide the means to do this,
and to provide q plope tribunal, If any
other than the land department. OF the gov
eminent is necessary. to make a final and
correct determination. ! propose, as soon
as tho congress is organized and the com
mittees appointed and ready to consider
business. to appear before it and ask for
the passage of such legislation, and l am
assured that the sitting delegation from
Montana in the congress will cooperate
to this end. 1t is through them, of course.
that legislation must come, as they are
charged with the duty of introducing bills
and participating in the action of the legis-
lative bodies. The state commissioner can
n.aru.y present his case and create such sem
timent in its favor as will secure its favor-
able consideration when it comes up for
action. BY alarge, and 1 trust a fayorabls
acquaintance among the senators n
members of congress, l hope to be of as
sistance to the gentlemen who occupy the
fSor in the name OF tho state
Public sentiment in favor of such legis-
lation has already been aroused. The peo-
pie and the press of our own state are thor
oughly alive to tho great Importance of
this question. They fully understand that
If all the mineral lands. which were unex-
ploled and consequently unknown at the
time the grant OF tho Northern Pacific
railroad attached, should pass into any pri-
vate or corporate ownership or any control
other than that of the state, or of the
United States, it would put an end to all
searching for minerals aud all development
of mines, and would forever dwarf and
demoralize thai great industry in our new
state. The peonle of this state arc a anti
in this belief. II is unnecessary to argue
it. 1t is claimed by many that this senti-
ment is 30 strong that it would require an
army to enable the company to operate its
lines, if unfortunately for the people. and
more unfortunately for itself, it
would seize upon the mineral lands.
The press of the state is
also a unit in the matter, and all our pa
pers are Jealous in their championship of
the rights OF tbs people and are vigorous in
opposition to this new claim of the railway
COMPANY. An enlightened and liberal view
BY the company itself ought to show it that
1t would be more to its own interest to have
the mines prospected and developed by
tens of thousands of volunteer hands in
the eager search for fortune than to sail
these mineral lands, and thus put them
forever beyond the prospect of being con-
verified into great mining properties. The
papers of Denver, Salt Lake, Virginia City,
New, and the press of Washington and
Idaho, have published able and frequent
articles against the claim Of the railroad to
ths mineral lands. This sentiment found
organized expression in the resolutions of
the Irans-Mississippi congress, which met
IN Denver in May and again in Omaha in
October. The resolutions, adopted with
almost absolute unaninity at these meet
ings, were as follows:
MINES, MINING AND MINERAL LANDS.
Whereas, the interests of mining creates
and adds to the wealth of this country
nearly one hundred million dollars annu-
ally OF gold and silver alone, a product
whose scarcity means the depreciation of
the values of the farms. the homes and all
the real property of the country, as well as
the wheat, the cotton and the corn pro-
duced by our toiling millions. and whose
means increased comfort and
prosperity to the great mass of our people,
whereas, there are millions of acres of
the best gold and silver bearing mineral
Iands of the west, on which are
of mining properties, both
and un-patented, within the
limits of the grant to the Pacific
railroads, and which are in imminent
of becoming the property of
these railroad companies; now, therefore
be it
Resolved, That this body earnestly ask of
congress such legislation as will protect and
foster our mining interests and forever
prevent our mines and mineral lands, boar
ing gold, silver. copper or lead, from be-
coming the property Of these corporations
under their grants: and that this body ask
the delegations in this convention from
inc territories of Utah, Arizona and New
Mexico, and the states of California. Me-
vada. Colorado, Wyoming, Oregon, Idaho
ana Montana, which have q common inter
est IN tins subject, that they each select of
tnelr cltlzens, one who shall form a COM
mlttee for the purpose of securing such
united ana Efficient action as will save these
mines and mineral lands to the people.
Probably the most largely attended and
most enthusiastic congress which has vet
assembled III the west, was the recent min
ing congress at Denver, Colo. 1t took frmer
anu more advanced ground in favor of
eyery naming interest than any representa-
i've body that has ever met anywhere in the
States. "
On the subject Of this controversy. that
congress adopted with but one, disaenting
'oI9 tho FOLLOWING emphatic resolutions:
whereas, The supreme court of the
United Stutea. at tho lotnbo. &,.u. 1onn