The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-05-25
Report Of the Committee on Public
Lands on Mr. Dixon's
Measure.
A Substitute Reported, tho Same
In Substance, Differing
In Detail.
Tho Reasons That Are Urged by tho Com.
nittss for tho Passage of tbs
Substitute.

LepOIt Oh tIe committee on public lands ON
the bill introduced by Congressman Dixon
(Mont) for the examination and classifica-
| ton OF certain mineral lands. Mr.. Amer
nan (Pa.) presented the report, which was
accompanied by . substitute for ths bill.
the passage OF the substitute being recom-
mendsd by the COMMITTEES. II 10 the same
IN substance a. the original bill, with fsw
| additions And alterations in matters OF de-
tail only. In support of the substitute bill
recommended the committee submitted the
following staten ment Of facts:
by act OF congress of July 2, 1854, the
Northern Pacific railroad company was in
eerporatsd and authorized to construct q
railroad and telegraph line from Lake Su-
perior to Puget sound and the Pacific coast
BY the northern route. 1t was given 4 right
Of way and right to use material for con-
structien from the public lands, and in ad-
dition thereto = grant of every alternate
section OF public land. not mineral, dssig-
mated by odd numbers, to the amount OF
twenty alternate sections per mile on each
side of the railroad line II might ADOPT
through the territories Of the United States,
and ten sections per mile on each side OF
such line through the states; and il any
such odd sections had been reserved, occu-
pied, or otherwise disposed of before the
map of the route Of the road was fled the
railroad company had the right to select
other lands in lieu thereof in alternate sec-
tlons and designated by odd numbers, not
more than ten miles beyond the limits Of
the lands first granted. All mineral lands
were expressly excluded from the grant,
and in lieu thereof unoccupied and unap-
p'opristed agricultural lands in odd-num-
bsred sections nearest TO the line Of road
were to be selected % provided BY tho act.
By the act the term mineral was not to in
cluds iron or coal.
BY a subsequent act of congress- the in
demnity limit, 10 il was called--that is the
limit within which lieu lands might be
.eieetsd-was extended upon certain con-
ditions second ten miles beyond the first
ten-mile indemnity limit provided for in
the act. The railroad was not completed
within the time prescribed by the act of
1854 nor within the additional time allowed
by certain subsequent acts Of congress.
The reservation Of IMMORAL lands tsrceps
coal and iron) from the grant to the rail-
road company was in accordance with the
uniform legislation Of congress to exclude
mineral lands from all railroad and other
general grants or from settlements and to
preserve such lands for mining purposes
OALy. Anu tulb - oAOWu Nv tOe ACk OF JAM |
30 1865. (13 Stat. L.. 567.)
Ihe length Of the line of the Northern
Pacific railroad in Montana is abeut 7SO
miles and in Idaho about ninety miles. At |
the date of the grant these states were ter
ritoriss and the amount of land under the |
grant was forty sections 70 the mile in the |
granted limits. with the right, If necessary |
to supply deficiencies, to take ten sections
per mile within the indemnity limits. The /
is from the report Of the COM
of the general land Office to the /
committee:
"As to the quantity of land within tho
Northern Pacific land grant and indemnity
limits in the states OF Montana and Idaho.
The quantity surveyed within said grant.
The number of acres selected by the COM
aany, and the present status of such selec-
ions, the following is submitted as an ap-
3roximate estimates:
Granted In Montana . .... l7.SsS.O .Os0
n ten-mile indemnity limits. ......... ly92,OO
selected by company. now pending.... 4ss6, ,2s5
1rAnted in Idaho .......... ....,.,, IQJ0tOo
n ten mile indemnity limits, ........ $500
mo lands have been patented to the
company in either of said states. The se-
eotions made by the company are pending
,efore this Office. and the adjustments OF
hem necessarily involves the question Of
he character of the lands affected bv the /
tsnting act, which must ultimately be de- !
ermined by the department"
As the surveys mentioned include both
i'd and even sections it will be noticed !
hat only one-half the number of acres sur
eyed are odd sections claimed BY the rail- |
Dad company. large portion Of the land
rant Is. therefore. still undesignated by !
sctions. The surveys made have been
srgely confined to agricultural lands, al
hough they include some very valuable
lines upon odd sections. The greater por- 1
raj within tho limits Of the eraat are vi
nsurveysd. and, being generally of .
'ountainous and rough character, are ex- {
enslys to su vev and not valuable for ag-
ieultural purposes They are not likely, 9
a the slow progress made by the govern {
lent in public land surveys, to bs officially
lryeysd TOR many years; and even ii they q
heuld DO surveyed an examination and I
as to their mineral or non- !
aineral character would be necessary be-
ore they were conveyed to the railroad 4
onpAny; otherwise the company might get !
tle to mineral lands in direct violation OF !
hs terms Of the grant. q
The commissioned of the general land /
fiice in his report. says: v
III will be conceded that the grant to .
ais company, within said states, should be b
without unnecessary delay, but in v
sss the grant IL adjusted by patsnting to
|
= OF the grant as are not known to contain
lineral, without special examination, it ia !.
ear that many tracts will be SO trAns- q
'rred that will ultimately be found to con- q
in mineral. At least one third Of the II
ea within the limits Of the grant, in said q
ates, 10 obviously mineral land" n
1t should b0 stated here that the secre- o.
nv OF the interior and thu commissioner II
the general land office in their reports N
the committee, both approve of the ex- ol
nination and classification of the mineral d.
nds within the Northern Pacific grant. ia
though they do not, in some particulars, pl
,proye the bill here reported.
Included within the land grant limits of
Q Northern Pacific railroad are tho tioh-
and most extensivsly developed mines
Montana and Idaho. Both OF these hl
stse are now in the foremost rank of all N
r, copper and lead producers, and arc I'll
many millions annually to the 81
untry's wealth. Within this grant are q
y included psllions OF acaea of land not ia
entirely or at all explored for minerals, VI
: which, from their location, their geo.
sical formation, and their relation to
own mines, probably contain mineral
posits as valuable as any yet discovered.
ith NO survey or classification Of these 70
ter lands II is easy to see tho difficulties th
der which the prospeotor or the miaer fr
,ors. IL he nnds mine he cannot tell n
II 10 upon land that will be elssssd % O.