The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-12-13


np its claims not only to the mineral lands
but TO the minerals which had been mined.
III contested the eapplicAtionS for patentR TO
mines upon odd factions nnd sued Or the
racOvefy Of OraH tnk ken from the same. lie;
people ot the atatB became y unlversal ly
alarmed at ii course whioh threntened Snch
calamity to its interests, and acoRnizinR X
the fact that poor I,rospect0ra and miners,
or rich ones either for that matter, could
not successfully contest with n powerful
corporation, the state determined to make
the canae Of Its people iits own cause, and
with That object IN view tho legislature
passed the following law;
SEN NATIt ELL NO. 40.
gR An act to provide n mineral land com
missioner for3 the state OF Montana, To de-
fine his duties md provide for his compen-
satipn and expenses. s Fl Y u n
# BE it enacted by tho Legislative assembly
of the state Of Montana: NJ
Section !. That there shall be appointed
BY the governor al Boon AS practicable after
missioner for the state of Montana, whose
duty IL Bhall b. 10 prepare and publish 4
clear md concise statement OF the facts in
respect to the danger Of mil lions of acres of
the best gold, silver and copper bearing min
eral lAnds Of Montana becoming the proI,-
erty Of the Northern Pacific Railroad colll-
pany. VI M 8 58S @ S IN
Section q He shall cause to be collected
nnd arranged tho decisions Of the courts
Ibearing upon this subject and such other
fAotB aa show tho absolute necessity Of
congressional action, and shall prepare for
introduction into cong ress such All act or
.acts as will save, il passed, not only the
discovered but tho undiscovered mines and
1.-the reserved mineral lands to the people.
And he shall have these facts placed in the
hands of the president and each member Of
congress and the United States SENATE and
he slRll as far as possible have their atten-5
5tion called personally to this matter and
shall have these facts published throughout
Montana Z. and throug hout the country as far
proofs as to the mineral char
aoter Of the mountainous portions Of
Montana clnim8d by this railroad COM
lpany, and shall preserve either the original
,or certified copies Of such proofs II shall
be his duty to employ counsel to protect
mineral lands before the courtG and United
States land Offices whenever he may deem
the same ID in danger. He shall also pre-
pare or cause to be prepared a map Or maps
showing the mountainous mineral lands
within the limits OF the grant Of the North-
ern Pacific Railroad COMPANY in Montana,
and showing such of these lands as have
in every way use his most earnest efforts to
protect the mineral lands Of Montana and
to secure such congressional action as will
save all these mineral lands and the mines
contained therein from becoming the prop
erty OF any railroad corporation.
Section S. He shall also be required to
guard and care for the interest Of the state
Of Montana in all its grants Of public lands
from the federal government tor school or
other purposes; and he shall at all times as
to this branch of his duties be under the
control OF the state board Of land commits
sioners. 81
Section 4. His salary shall be $4,000 per
MOTTO exceed 5000 per annum, including
counsel fees, shall be paid by the treasurer
of Montana upon the proper vouchers being
furnished. n a$:ss ~ @ s Sf IA $ $5z}
Section 5. The first mineral laud com
missioner Of Montana shall hold his office
moved. Approved March s, 1881.
"a: Under this not you. eir, were kind enough
to ask me to actEag the agent Of the state.
10 this Was not 3at first inclined. l con.
ceived it to Be the right and the duty oi
those who occupied the seats Of Montana in
the senate and house Of representatives Of
the United States to look after all her inter
ests in connection with the government
and especially after all legislation which ia
entrusted to them as the accredited repre-
sentativeB Of the state in congress. Accord
ing to Gil parliamentary precedents such
Legislation must be had upon their motion
and action. Butat the solicitation of some
of these gentlemen, and upon the earnest
assurance of the support OF the press and OF
the leading men Of all parties thar they
would work together in defense Of the rights
of the miners, upon whose prosperity our
future depends, ] concluded to accept the
task and to assist to the best Of my abilities
to keep our mineral lands out of any pri-
vate ownership, and to keep them forever
the mining laws Of the state and the United
States. rs " S%8 55f5 " n u $# "a 5s$Sls #s %ais,
IN the land office at Helena I found the
records Of all the contests then made by
the railroad company against the claimants
to mineral lands. Through the cout tesy Of
of Mr.. Ianghorne, late Of that office, a list
of all the contested cased cases was COM
piled, with q brief synopsis Of the entries
on tho docket showing the present status Of
each case. It does not inolnde some casea
which are in the courts. notably that of
Sanders ct al. and r. ?. Barden ct al, in
yolving land in section II. tp 10, u. W.
In il number of cases they are applica-
tions for mineral entry on lands in odd
sections already selected bv the railroad
company. in which hearings are ordered by
the register and receiver as to the actual
charActerof the land, Gases Of this class
arise frequently and will continue to be
added to the docket from day to day as
they come III. ,8
8s The case of R. F. Barden ct al. was tried
in the United States district court and ap-
pealed to tho supreme court. 1t was also
recently tried before the commissioner OF
the general land office who decided the case
against the railroad company, and in favor
of the miners. The railroad company will
doubtless appeal from the commissioner to
the secretary of the interior, who. from his
expressed opinions will undoubtedly sus.
tain the ruling Of the commissioner, and
thus place that department of the govern
ment, which is charged with the execution
OF the land laws Rquarely on record against
the pretensions Of the railroad company.
III WAS apparent that there were three
places in which tha claims Of the railway
company must be met and just deter mill
alton of the controversy occurred. ,s
First, in ths department Of the interior
and the general land office; second, IN con
gresy, in the effort to secure a legi slative
construction Of the grant, SO far as the
constitution might permit congress to go
and also in the creation OF some commits
sion or tribunal, which should have the
power aud the means to survey. Hegrepate
and classify the mineral. the non mineral
and the doubtful lands before they left the
possession Of the governments and finally
in tho supreme court of the United States,
whore all these questions. including the
power of congress to construe or tnhe
further. action III the matter of the grant,
must come to final adjudication. # 4