The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-04-26
THE MINERAL LAND BILL.
Concluded from First Page.

term; we wanted congressional classiaoa-
tion OF these lands first. The court finally
took a middle course; it set the case for the
next October term with others. 1t will
probably be- reached about a year from
now, say at the end of this congress. TIL
court has given congress ample time in
which TO act. Therefore. We urge prompt
action.
Now, MIR. Chairman. Mr.. McMaught has
assumed that this question Is virtually set
tied in the courts and has referred to
various decisions i'll his favor. I deny that
it ia concluded. Of all the decisions re-
ferred to there is only one or two made
directly under their charter. The construo.
ions OF the courts under the homestead
and presumption laws and the townsite laws
precedents. Now, MIR. Chairman, tho de-
cisions of the courts in these cases and the
rulings of these departments have boon just
and right. When a presumption or home
stead settler gets his patent that should.
and the courts have ruled that it does. set
tie his title. In this much talked of Davis
and Wiebold case the court justly applied
the same principal to the townslte law. so
that when people had taken up their WI
site, built their homes III shops and bust
ness houses and manufactures and schools
and churches, they should not be disturbed
by real or fictitious subsequent discoveries.
Titles should be fixed; a country's prosper
ity depends on that. But you will find, Mr..
Chairman, that when the courts come to
consider the question of mineral lands on
railroad Rrants on vast areas. unexplorsd,
undeveloped, unprospected, unknown and
very different set of questions
will arise. The decisions under
these land laws invoked to sustain such
claims will not apply, for all the consider
atoms of Justice and public policy and the
welfare of the community on which they
are based will all be the other way when
applied to q vast grant and a great and
grasping corporation like this, which
claims what was clearly denied to it. jus
tice and public benefit will demand, and
believe will receive, a different verdict.
There is a wide difference in which the
the miners, as it has CON ~iusslce to the
settler. For. after all. these decisions are
based on questions of public policy. The
only actual decisions under this grant is
that of Sawyer, from which Judge Knowles
dissented in the opinion that ! have laid
Judge Thomas, in Dakota, about the same
time. These follow the lines of the Fran
cis and Newcomer case under the Central
Pacific charter, and all virtually come from
the same mind and the same inspiration.
And this decision of Judge Sawyer's is
congress having failed to classify these
lands, and it being public policy to fix q
time when titles should become clear, it
was the duty of the court to fix such a time,
even though it gave away the lands which
the charter had excluded.
Now, lot congress delay no longer to do
ITS duty; let it classify the lands SO that
their character be known to the public, to
the company n to the department which
has the control of these lands. 1t was
never commended that the burden of making
these lands known to be mineral should fall
upon the prospector alone. 1t is the duty
lone at once. and does not require, as the
department urges, a minute survey. The
mineral lands are easily known and easily
distinguished. Thu maps that l have filed
with this committee, subject to your ex-
animation, are a virtual, if not final Off
DIAL classification of the mineral lands
within the railroad grant in nine counties
In Montana. Whatever the final decision
Of the court, the lands ought to be CLASH
fed. No greater question could come be-
fore your honorable committee or before
congress vt this SESSION.. In the name of
this blighted industry OF the people Of the
west I urge that you comply with the
recommendations of the executive and at
ton. We must pass this bill before the
end of this session in the interests of the
government and the people, and you can do
your country no greater service than to
prom pity report it to the house with a
recommendation that it do pass.
I thank you for your kind attention. Mr..
Sweet will now answer the objections of
MIR. McNauqht and submit the amendments
upon which the representatives. of Montana
and Idaho and the friends Of this measure
have agreed in counsel among themselves.