The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-07-15
Granted IN idaho. 1,90O,s 800.
In 10-mile indemnity limits. $4,000
Selected by cOmpAny and now

Granted In Idaho. 1910, 500. 90 acrei
In l0-mile indemnity limits. 576.OOO.O0
Selected by company and now :.
Surveyed within granted and
indemnity limits. ............ 4O3,2UO.ON
'.This estimate 10 made at forty secttone
per mile in the granted and ton sectionl
PEI mila in ths indemnity limits. the line
beiug $50 miles in Montana and ninety
miles in Idaho. that being tho only means
Of aprroximating, The quantity. provided
actual adjustment Of tho grant. which can
NOT be- made now in consequence Of the
want OF time and the lack OF surveys.
mo lands have been patented to the
company in Montana OF Idaho. The selec-
lions made by tho company are pending
before this Office. Those in Montana are
suspended pending consideration Of the
alleged character of the ands.
..Thie grant embraces alternate sections
within prescribed limits with indemnity
Tor lands in placer but exempts mineral
lands. II will be seen tkst there 10 a large
number Of acres selected as inuring to tho
company under the grant. and calling for
action Tor the transfer Of title BY patent to
such of tho lands ~ may be found to be
embraced In the grant. Preliminary to
sush action II appears TO be necessary to
decide which II any OF tho lands selected
are embraced in the exception % mineral
In character"
Commissioner Irwin says: I'm addition
TO this l have the following statement from
the surveyor general Of Montana as to the
numbe- Of rcres Of land surveyed within
the railroad grant in Montana for the FISCAL
years ending June 80. as follows: 1890.
al, 900 acres: 1891. 603. 600 acres; 1892, $780,
600 acres; 1893. $40. 600 acres. showing a
total of lands surveyed within the grant in
AE--A--- :-~> ~ vo-~ ~ thn nnAsrrr
commissioner Of she general land office,
referred to above, of 2.244.OOO acres. Il
should b noted that these surveys include
both odd and even sections, go that the odd
sections covered by the grant Of the rail-
road company are only half of the above
amount surveyed. All mineral lands are
specifically and strongly excepted from the
road company. but that company contends
that the legal const uotion of that act gives
to the cempany all odd sections within
the grant not known to be mineral at the
date when the company filed the definite
location Of It's line Of road, and this 10
claimed to be in 1872 or 1882; but which
date ia not clear. The company's conten-
zion 10 that their grant took effect at the
passage Of the act and attached to specific
lands upon the fling of the map of the
route, and that the condition of the lands
- to whether mineral or not depends uron
what was known at this latter date. Thu
result Of this is that the company now
claims title to all the odd sections within
the grant not known 10 be mineral in
1889 lat ~latest). even II development
since that time had established their
mineral character and value beyond Ques-
tion. Upon the other hand, il is claimed
by those opposing the railroad company
either that the grant does not carry any
mineral lands, whether discovered to be
sroh Manhattan ~ horoofhar nv khok hoeoro
the railroad grant attaches at all or any
patent issues for any of the land the lands
must be classified by action of the United
States government and their mineral or
non-mineral character determined.
'Ihe question in controvet sy 10 now be-
decision in the case of Richard P. Barden
and others against the Northern Pacific
Railroad company. This case was argued
before the supreme court last winter, but
- two Of the judges were not upon the
bench ths court ordered re-
argument before a full bench, which
has been set for Oct. 16 next. The de-
oision of this case. it is expected, will set
tle the resl ective rights of the United
States and the railroad company TO min
eral lands within the grant. The depart
mont of justice, under the last administrR-
tion, took An active interest in IL is suit and
in the argument of 1t befote tho supreme
court. and tho present attorney general has
expressed 10 me his appreciation of the i'm
%portance of the question involved to the
government and his desire TO assist, as IA,
as possible, in resisting the claim of the
railroad com any"
After stating that no argument ia needed
to show the importance of this question to
the government and thstth b. main resources
of Montana consist in its mineral. and the
refusal Of patents to the railroad, Mr..
Itvine continues:
A to the survey Of the lands within the
grant,, l call your attention to the fact that
almost all the lands surveyed are lauds In
the valleys or on the plains and such MS a Q
suitable for agriculture. The mineral
lands are almost entirely included within
veys have vet been made and where it 10 not
likely that any will be made very soon,
These mountainous lands are vory rough
and difficult to be surveyed and, 50 a rule,
cannot be surversd for the utmost
compensation allowed BY law for
TIE work: There has been NO
effective action taken BY the government to
designate lands within the grant which are
mineral: You will therefore sec that II is
impossible for me TO com ply with your re.
quest TO furnish your Office with q detailed
and specific description, by their legal sub
divisions. Of the tracts said to be mineral.
But few OF those tracts have bsen surveyed
plorsd or Travelled over; and evsu whore the
lands have been surveyed it Is impossible
to designate those which are mineral and
shoSs which are non-minersl. as the gov
anne has provided no means of classify
ing the lands or seRrs2atinR ono kind from
another. This 10 one Of tho reasons why
the claim Of she railroad company would
operate 80 unjustly upon the people, as 1t
would fx the character of a large amount
OF land 40 non-minsral which. from its geo.
logical formation and surroundings, will no
doubs prove In the future very valuable for
mining. What the people of this state de-
sire 10 that there should be some olassifoa-
ton and segregation Of mineral and non-