The Helena independent., 1892-03-08
MINERAL LAND MEASURE,
introduced in the House Of Rep.
resentatives by Hon. W. w.
Dixon, Of Montana
providing for the Examination
and Classification Of Certain
Mineral Lands.

sa'a Lands Lying in the states of Mon.
i tann and idaho, Within the
! hortlicrn Pacific Grant.
WASHINGTON. March 7.--FoIlowinu Ia the
1ull text of the mineral land bill introduced
March !, by Representative Dixon, of Mon.
tanA:
Ablll TO provide for the examination and
slassihcatlon of certain mineral lands in
the states Of Montana and Idaho.
Be y enacted by the senate and house q,
representatives of the United States Of
America IN congress assembled:
Section l. That the secretary of the in
terior be, and is hereby, authorized and di
rected az speedily az practicable to cause
al lanos IN the states of Montana and Idahc
within the land grant and indemnity land
grAntllmits Of the Northern Pacific Rail
ROAD company, ns defined by an act OF oon-
gross, entitled. IAN act granting lands to
aid IN tho construction Of railroad
and Telegraph line from lake Su-
perior to Pugot's sound on the Pacific
coast by the northern route'' approved
Suly =, 1864, and asts supplemental to, and
amendatory thereof, to be examined and
classified by commissioners 70 be appointed
as hereinafter provided. with special refer
ence to the mineral or non-mineral oharac.
ter Of such lands, and to reject cancel and
dlssllow any and all claims or filings here
totore made, or which may hereafter be
made. by or on behalf Of the said Northern
Pacific Railroad company, on any lands in
said states which. upon examination, shall
be classified as provided in this act az
mineral lands .M..."-
sec 2 For the purpose of making the
examination herein provided for there
shall be appointed by the president of the
United States. as soon as practicable after
the passage of this act three commission
ers' at least one Of whom shall be prac-
teal miner and resident either Of the
state OF Montana or the state Of Ida ho.
and SAID persons shall constitute board
OF commissioners, to perform the duties
herein prescribed. They shall receive or
their compensation such sum as shall be
I -alloWea by the secretary Of the interior, not
exceeding their actual expenses, and in ad-
dltlon thereto suoh further sum not exceed
Ing $2O for each day they may be actually
engaged In the performance of their dutie +:
and their accounts shall be audited by til g
ssecIetaFy s Ct the intsrior and paid monthly.
e.oS Of said apon thes duties
take an oath to faithfully per
form the duties of his office. Said
commissioners shall make personal exam
ination of the lands herein mentioned. and
may also take the testimony of witnesses as
TO Inc mineral or non-mlnerai character of
any of said lands and receive any other
evidence relating to said matter. and shall
have power to summon Witnesses to appear
before them and to administer oaths: and
they shall, Immediately upon their appoint
ment, proceed to examine and classify the
lands herein mentioned, as provided In this
act. Ike oath of office of said commission
ers shall be filed by them in the office of
the commissioners of the general land office.
All testimony taken by said commissioners
shall be reduced to writing, subscribed by
the witnesses and filed with the report of
the commissioners hereinafter required.
The action or decision of majority of said
commissioners shall control in ali mattera
herein provided for.
Sec. 3. All lands shall be classified and
taken to be mineral lands under this act
which. prior to the passage of this act, have
been located or patented as mineral lands,
or which have, or probably will have. 4
market value by reason of the minerals
which they contain, or which show such in
dlcatlons OF valuable mineral deposits as
would induce miner to spend his time or
money upon them with the reasonable ex-
pectation oe finding mineral in paying
quantities, or which, from their geological
or relation to known mineral lands, are, or
probably will be, valuable for the mineral
therein; and all Of these matters shall pe |
considered by the commission ners in deter
mining the mineral or non mineral charac-
tor OF such lands, and in classifying tn Q |
same: me classification herein provided
for shall be by sections. where the lands
have been surveyed, unless there arc such
differences in the situation or character
OF different parts of tho same section
as in the opinion of the commissioners
to require its classification by quarter ssc-
tions; and in no case shall any subdivision
OF less than quarter section be made for
classification upon surveyed lands. If the
lands examined are not surveyed, classiti-
cation shall be made by tracts of such
extent, and designated 'by such natural or
artificial boundaries to identify them, as
the commissioners may determine. Where
mining locations have been heretofore made
or patents issued for mining ground in any
section Of land, this shall be taken as prima
facle evidence that the whole of such Soc
tlon Is mineral land: Provided that the
word mineral, }" where it occurs in this
act shall not be held to include iron or
;oal And provided further that the ex-
authorized shall be made without reference
or regard to any previous examination or
report CT classification thereof.
Sec. 4. Such of the lands herein men
Toned as have been surveyed prior to the
passage of this act shall be first examined
md classified. as herein provided, and
and as speedily as practicable,
he lands herein mentioned which have not
,een surveyed, until all the lands herein
shall have been examined and
classified. as herein provided.
sec. s. That said commissioners shall,
IN or before the fifth day OF each month file
II the office of the register and receiver of
he land office of the land district in which
he land examined and classified is situated,
full report, in duplicate. i'll such form ns
he secretary of the interior may prescribe,
howing all lands examined by item dur
ng tho preceding month, and specifying ;
learly, by legal Subdivisions where the
and Is surveyed. or otherwise by natural I
bjeeta or permanent monuments. to iden- c
ify tho same, the lands classified by them [
y mineral lands and those classified as |
on mineral: and with said report shall be {
led all testimony taken and written COM I
received by said commissioners
eatlnG to the lands embraced in the re-
ort. The register and receiver shall file /
no copy Of said report in their Office to-
ether with all accompanying testi monv
nd papers, and the other duplicate copy l
hall DO by them forwarded direct !
, this secretary of this interior, /
nd said commissioners shalt furnish /
, the secretary of the interior at any time q
,NrAl 4 4.