The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-04-26


proposed by Mr.. Willard, that tho company |
should dosd back the miner al land aud the |
government should grant new lands wher- |
sy6f they could find thom inside or outside |
OF the grant. But, Mr.. Chairman. we have
NOT yet como TO Such pass. We utterly
deny the proposition that the mineral lands
90 now, svor did or ever will, belong to the
Northern Panific Railway company. Moth
ing but the final decision OF the supreme
court In favor Of this new and monstrous
claim on tho part Of the company would
reconcile ua to that; and as stand here
Deiiaye that the supreme court never will
mako such a decision. mover will ovartnrp
lle declaration OF congraEs, unqualified, dis
tlhct and uHegufyocal, made in the granting
act itself, that tho mineral lands shall
constitute no part of that grant Not
'known" mineral lands--known either ut
tho time Of the grant or nt any time but
mineral lands, " without any qualification.
and that exclusion en- phaaizad and made
rnore distinct by the grant Of lieu lands to
make up for the mineral landa which are
forever excluded. That emphatic resoryn-
ton OF the mineral land is in tho grant, is
part of tho grant, runs with the grant and
ls sacred and binding rs she grant itself.
IL the courts by technical snbtletiea Of con-
stfuetion and by forced precedents and do
cislons mads under other and very differ
ent laws can get over that solemn and per
p1shAl eGoIuhIOn OIL Lue immoral lAnQA ana
can give them to the railroad company,
and thus extond and enlarge their grant
then the courts have the power to enlarge,
to extend, to virtually mako new land
grants. and thus usurp the power over the
public domain which the constitution ieal-
ously vegts in the congress Of the United
Stotes and in the congress alone
| Ii the committee by extending the area
OF selection wishes to reimburse the com
pnny for lands admittedly mineral and
admittedly belonging. as consequence
thereof, to the people, though within
equity under tho present law as it desms
Just. We leave that to the Judgment OF
the committees; but | protsat against any
legislative admission that tho company
owns or has rghtful claim to one acre or
one foot Of tho mineral lands excluding
from its grant by the granting act itself.
The United States requires no deed from
the trustees or tho bondholders for its title
to these mineral lands. The title ID found
IN the deed made by tho great Napoleon on
the part of France TO Thomas Jsferson on
ths part Of the United States. 1t has never
passed. For congress to admit that title
had passed would prejudice our suit now
pending in the supreme court.
AS Mr.. Willard told you, this is new
controversy. During all the years between
the date of the grant and the frat location
! in 1872. and the final location in 1884, ths
pioneers and miners who opened that coun-
| try and conquered il from the Indians, and
established law and order and civil govern
ment, went on prospecting and finding
| veins of gold and silver, copper and lead.
| They put their labor and money, and in
more instances than can ever be told, their
lives, into this hazardous occupation. Thoy
developed great industry and made their
state the largest producer in the union.
They knew there was railroad grant, and
that in our state its was 7OO miles long and
10 miles wide. II you went up Gu noun
tain and looked around the horizon. half
tho land belonged to a railroad company.
They saw that next to the government
itsslf this was the greatest land holder in
tho world. They submitted to the acts of
their governments. They knew that in that
granting act the government had, beyond
dispute, reserved the mineral lands, and SO
they went on working and opening their
prospects and mines, and never dreamed
only Sc the lands but to the minerals which
had been extracted. I have often appeared
before this committee on behalf of this
road. I have been in the house in
the times Of it's distress, when
its officers and directors wero supplicants
here, and I was almost the only man who
would defend it on the floor. Ny services
were not for the road, but for my then dis
tGnt and isolated country, for l never
owned a dollars worth of stock or received
cent of their money, but fought their
battles as tho disinterested friend Of the
development of the west. They were here
for an extension of their time, for rights of
way through Indian lands; but in all that
| time l never heard whisper that they
claimed or believed that they had a right to
one foot Of the mineral lands in the noun
tainH of Montana. Suddenly these pros
pectors and miners were adversed when
they applied for their patents. Others
we're aued for their mines and the mineral
which their labor had produced. 1t was
learned that the Northern Pacific company
had set up the claim that the mineral lands
on odd sections not known to be mineral
at the time the grant attached belonged to
the company. People did not then know
at what date it was claimed that the grant
attached. That seems to be uncertain even
now. Mr.. McNaught tells you now that for
some purpose they claim 1872 and for others
1884 Universal alarm prevailed. Where
conda mine located in the seventies,
was railroad section. Five
million dollars were invested in that plant;
it wss valued at $25 100000. Was the time
of tie location of the line carly enough to
catch this also? If so. the government had
given away q pretty valuable section. Mr..
Willard has truly admitted that this CON
troversy has paralyzed great industry,
and that the business OF the road has fallen
off in consequence. He may we'll be anxi-
Gus for settlement. and | rejoice at the
tone and spirit of his address to you. |
was glad to hear his declaration that under
no circumstances did the company want
the ownership of the mineral lands. Made
before your committee it is Il matter of
record. I was glad to hear him say that all
he wanted was agricultural land III lieu of
those declared TO be mineral In case the
mineral lands are decided to belong to his
company am safe in making tho pledge
that our state will always consent to such
III exchange. He has told you truthfully
that this controversy has peralyzed pros
pecting and injured the mining industry,
and that as consequence the business of
his road has fallen off ons~thild, and that
I he was anxious that this matter should be
settled. He did not know. perhaps, that
the road had lost business on account OF
tho indignation snd recruitment of our peo.