The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-10-21
WHO IS A LAND GRABBER2
Something About the Very Latest
Republican Attack on Mon
tana's Next Governor.
An Interior Department Decision
Prevented His Entry of a
Stone Quarry.
Commodore Power, However, Was Luck.
for, as He Had Law Passed
to Fit His Case.

The Helena journal, in an article copied
from she Fort Bonton River Press, attempts
to show that Hon. Il. u. Collins, the demo.
cratic candidate for governor. had. in con-
nection with others, tried to get possession
of portions OF section 16 Ga school section),
near Great Falls, under tha mineral laws,
az stone quarry. The article in question
said in part:
''In December. 1890, Timothy Il. Collins.
of Great Falls. offered for fling in the
United States land Office at Helena, an ap-
plication for u patent to the east half of
the east half of section 16 Ia school section)
township 20 north, range three east. The
filing was offered under tho mineral laws.
the only method by which title can be ao-
auired TO surveyed school lands and Mr..
Collins claim Was based upon an alleged
discovery Of building stone on the location
described. The land office people made q
full investigation of the affair. and on Feb
ruary H. 1891. rejected the application on
the ground that the alleged stone quarry
had no special value or characteristic to
bring it within the purview of the mineral
laws. This decision checked Mr.. Collins'
were getting more valuable every day, he
concluded. to make another effort. He ap-
pealed from the decision of the local land
Office, and the case went to the honorable
commissioner of the general land office at
Washington, who. on Oct. 2, 1891, affirmed
the action of the Helena officials and dis
missed the appeal"
The facts are these: In December. 1890.
Ernest w. King, with T. E. Collins. L. r.
| Maclay, John Renner and others, applied
to the local land Office in Helena 10 make
| certain placer entries in section 16, near
Great Falls. Az that time land chiefly val
liable for building purposes was supposed
! to be open for entry under the mineral
laws, as thousands OF such entries had been
made. Before the land office in Helena
had rendered decision on the filings, the
secretary of the interior made decision In
the case of Conlin vs. Kelley, on Jan. 2.
| 1891, by which he reversed all former
rulings of the land Office on that matter.
Under the secretsry's decision the local
land office here refused to receive the appli-
cation of King and others for patent to tine
land There was no investigation whatever
by the local land officers. They simply de-
cided that under the ruling of the secre-
tary the entry could not be received. An
appeal was taken to the general land office
and the commissioner affirmed the action
of the Office here, under the decision of the
secretary. There WAS no further appeal
ana nothing has been done since. and the
section passed to the state under the or
ganic act admitting Montana as state.
Commodore Power sesms TO have had tho
better of Hon. Il. E. Collins. The commo-
dore made application to enter under the
mineral laws the ground out of which the
stone WAS taken for his bull ling, corner
Sixth avenue aud Main street. His appli-
cation was refused, and on appeal to the
general land Office, the local office here was
sustained. The commodore merely blded
his time. and by virtue of she seat in the
United States senate that Blake gave him,
secured the passage of the act of Aug. 4.
1892, under which his rejected application
can be allowed. Hon. L. Il. Collins, how
ever, is shut out, az the land he wanted has
passed to the state. That part of the act of
Aug. 4, 1892, relating to stone quarries. il
as follows
An act TO ,uthorizs the entry of lands
chiefly valuable for building stone under
the placer mining laws.
Be it enacted by the senate and house of
Representatives of the United States OF
America in congress- assembled, That any
person authorized to enter lands under the
mining laws of the United States may
enter lands that are chiefly valuable for
stone under the provisions of the law in
relation to placer mineral claims Providess
That lands reserved for the benefit of the
public schools or donated to any state shall
not be subject to entry under this aot.
In accordance with the act which let in
Commodore Power and cut out King and
Others, Acting Commissioner Stone. OF the
general land Office, sent out the following
, circular to registers and receivers of local
| offices: .
/ WASHINGTON, ID. c., Oct. II, 1892
, Registers and Receivers, Unlssd States
!, Land Offices:
, Gentlemen--Attached is copy of the act
! of congress Of Aug. 1. 1892, entitled AN
| act to authoi ize the entry of lands chiefly
. valuable for building stone under the
placer mining laws"
The first section of said act extends the
mine al land law already existing so as to
/, bring land chiefly valuable for building
stone within the provisions OF SAID law to
the extent of authorizing placer entry of
r such land The proviso to said first section
, excludes lands reserved for the benefit OF
the public schools or donated TO any state
from entry under the act.
In cases that may arise hereafter in refer
ence to any lands subject TO entry under
the mining laws. you will be governed by
said act in admitting such entries. The
proper instructions for your guidance i'll so
: doing may be found III official circular of
, December 10, 1891, entitled "United States
; | Mining Laws and Regulations hereunder"
to which you are referred, and your special
attention ID called to the law and instrnc-
tions therein relating to placer claims.
1t is not the understanding of this office
that the ftst section of said act of August
1, 1892, with iraws land chiefly valuable for
building stone from entry under any exist
ing law applicable thereto.
The second section of said ACT of August
t. 1892. makes the timber and stone act of
dune, 1873 GO Stat. so. applicable to all
the public land staten. You will observe
the same in acting upon applications for
entries in your respective districts.
In allowing placer entries for stone chiefly
valuable for building purposes, under nrst
section of the act of August 4. 1892. you will
make reference to said act on the entry
pagers returned. Very respectfully.
W. Nj. STONE. Acting Commissioners.
Hired Preachers for 0uskers.