The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-12-13
MONTANA. MINERAL land
commissioner Martin Maginnis's
First Report to GOV. Toole on
an lmp portant Subje ject. 5l

First Report TO Gov. y loole on
an Imp ortant Subject. vi
What He Has Done sinceS Assurn-
ing Office tie Guard the In
terests of tho State. a
c..on of the General Land once The
Duty which Rests on & $a
{3j4g i 81 Congress. 8s \ ssI
Hon. Martin Maginnis, mineral land
pIninissipner for the state, has just made;
iH first report to Gov. Toole. It'll perusal
III show inst what Mai. Maginnis has done
connection with the tier since assurn-5
III Ills Office. Ihe report ID full is as fol
pWs: @ l## Tss IL 553 8ss#
Hon. u. sK. KI q 'oole, Governor Of Montana
if: The vast5lan grant Or ths Northern
acifle it Railway conpar,y stretches rs from li
he8eastern III the western boundary of the
hate of M ontana ia ono broad balt, which,
hcluding ind demnity lands, ID nearly Rev-5#
nty miles wide and over seven hundred
hiles long. The congress which created
Hill corporation gave TO it one-half the
lnds within these limits, carefully exclud-
hg all mineral lands, and emphasizing
heir reservation from the grant by giving
tile company indemnity for such lands
might turn ont to be mineral. Little
respecting had then been done; very little
fas known Of the character Of these lands.
/ II the discoveries Of mineral land had yet
bjbe made, the mines upon them to be de-
|eloped and these to be finally aggregated
Fom the land grant Of the company,
I'D the company rscompensed therefor
ith other lands not mineral in their char
oter. Nothing would seem to be palmer
han the fact that the reservation went
nth and was part Of the grant; and that
nture exploration, survey And classifoa-
mineral lands which Wonld become the
roperty Of the company and the mineral
lnds which were reserved to be forever
pen to the prospsctoy ma the miner,
nder the mining laws Of the United
tates. If the road could have been defn-
tely located, and built as rapidly across
HE continent as the charter was pushed
5hrough the congress. it would have bean
Ibft to the future 10 prove the character Of
|he lands, and if the com pRny at that time
fy$viItue of 4 finished road claimed all the
binds, surveyed and nnsurveyed, unex-
$lored and not prospected, that COM pany
kould simply have tnken them all; for the
Ihinesnl q discoveries have All been made
3ince then. It was not until later that the
ndacious claim was set up that Slands;not
hen known to be mineral. or known TO be
1aineral at q certain date, were therefore
lot mineral, and BY consequence passed to
he corporation. NJ -#5# S %&55
i One Of the principal objects id the crea,
ion of this corporation and its vast elldow.
|nent was that it woald open tho country,
Q that it might be found out whether there
Eere any paying mines OF fertile valleys
Hong the line. One object of the great
rant was to secure an immediate or a rapid
construction of the road. It was paid to
be ths pioneer of development and settle
3nent and exploration. In this part of the
: tesign of congress the road was q failure.
The railroad did not, as its charter and it's
Erant contemplated, open upand develop
he country for the people; but the people
opened up and developed the country for
|he railroad. For financial reasons it's con-.
|truction was Delayed until the Indians had
been subdued tho mines or ,nany3o Of them
and cities and towns had been
builded and farms opened along the line
Pitts route. All that portion Of the rail-
load in this state. and i'll other states where
| he IMMORAL lands are in controversy, was
Felayed in building beyond the time limit
Flxed for forfeiture both Of the charter and
he land grant, and but for the successful
operations Of 4 fnancier Of great yigor and
kbility. might not have been built vet Al
|hough the railroad failed in its mission rs
prospector and a pioneer, and although
It's construction was delayed until the coun-
|ry8Which it was designed to open, was 40
far occupied and developed inde-
felt justified in building equally as good
Railways without any land grant at all,
congress did not exercise its power Of
Forfeiture, but recognizing the greatness
knd the value of the enterprise, permitted
he company to complete its line, and to
kcqnire its immense grant, which makes IL
lie most extensive land owner III America
outside Of the general government itself.
|EhIE fact alone is one of serious import to
Fhe freedom Of action and development on
Fhe part of the young states through which
Bhe road passes 10 be occupied bl a COR
3orntion richer, greater and the holder Of
|nore lnnds inside the state than the state
Itself, ia a condition rather to be tolerated
han to bo desired. Under these oircum-
stances it would seem but Just that the
bompany should be satisfied with the lands
plainly and clearly conveyed to it. and the
Indemnity for such Of its lands as were
pccupied; considering the fact that such
was entirely duo to the delay in
(he construction of the road; q delay by
which it failedfin one Of the primal pur-
boses of it's creation, and IN fairly earning
That part of ita endowment at least which
was intended to secure its completion at
least fifteen yeara before it came to uR;
|Yho, while wenriIy waiting it's advent,
had occupied, subdned and partially do
Eeoped the country without its assist
|nce. 1t was never dreamed that this
[ailroad company would set up ut any time
III It's existence q claim to the mineral
|ands which were excluded from the grant,
IN the granting act itsalf, by specific reser-
katio1ls intended to run with and be aH per
betual as the grant itself. Congress had
reated no tribunal to decide which were
|nndH. II left that to the executive de-
oartment which has the control OF the sale
hnd survey and Classification OF all tho
buhlic lands. large portion Of the land
inside the lines Of the grant has never been
or in any WAY examined, pros
hected or classified by the government.
Ihe labor and toll of the voluntary pfoa-
bector and miner has alone made known
which ns 9 mineral districts and which are
hot Suddenly the astounding claim was
Hot UP that all the portions Of the country
which had not been voluntary examined by
Ehe individual prospeGtor, acting under NO
laency Of tho government, but at his own
Expense, md therefore proven to be mirera!