The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1894-12-03
MINERS rs. THE RAILROAD.

The miners and the owners of mineral
lands in Southern Oregon are much
aroused over the prospective selection of
railroad lands in that region, says the
Portland Sun. A recent decision of the
United States supreme court, in the case
of Borden VS.. the Northern Pacific rail-
road, holds that the secretary OF the in
terror may determine the character OF
railroad land up to the time of issuing
patents to the company, but that after
patents are issued the lands are beyond
his jurisdiction, and no further hearing
to determine the character of the land
can be had. Pursuant to this decision,
the secretary, last July, issued cir
cular announcing that wherever list of
railroad selections covered lands located
within six miles of any mineral entry,
claim, or location, publication should be
made for sixty days, calling upon such
mineral claimant to appear and protest
against the railroad selections, and in
the absence of such protest, the lands
should be adjudged to be agricultural in
character, and the patents issued accord
ingly to the railroad company. Herein,
it appears, lies the danger which the
miners claim threatens them. The de-
cisions of the secretary are final, and
cannot be reviewed by the courts, and if
the miners fail to notice the publication
or make their formal protests, they may
lose their claims. Hence meetings have
been held to arouse interest in the
matter, and give notice and information
to all claimholders, so that they can go
to the local land Office and make the nee
essary showing to protect their claims.
The Oregon & California Railroad Com
pany is now, through the regular publi-
cation of notice, seeking patents to a
large list of lands in Jackson, Josephine
and Douglas counties, and the claim
owners must file their protests within
sixty days from October 8th. The time
is rapidly expiring, and it is feared that
many miners will neglect to make their
protests and so lose their claims. The
grant to the Oregon & California was
thirty miles in width, and thousands of
acres of valuable mining lands are in
cluded within the limits of the grant.
There seems to be now no other way
of redress for the prospector and miner
than that mentioned above, which has
led to some adverse criticism of our
members of congress and the officials of
the interior department.
Adverse criticism is hardly strong
enough to express the feeling in the
matter. We have long contended that
the rock on which this government will
eventually wreck is the s'double stand
ard laws" one for the rich corporations,
another for the people. Here is case
in point. Notwithstanding the fact that
the grant to the Oregon & California es-
pecislly reserved all mineral lands from
the operation Of the grant, the secretary
attempts to violate that law by passing
the title of mineral lands to that COM
pany.
A private citizen in filing on govern
ment land must make what is known as
the non-mineral affidavit. That is, he
must swear that there are no valuable
minerals on the land he proposes to To-
cate. This is condition precedent,
and must be complied with by the set
tier. He must make the proof. How is
it with the corporation? The secretary
undertakes to throw the burden of prov
lug the mineral bearing character of the
land upon the prospector-if any; and
to relieve the corporation from any re.
sponsibility whatever.
The honorable secretary may allow
that ruling to stand as his idea of right
and justice; but if he does, he violates
the law he has sworn to uphold. We
have always looked upon the secretary
of the interior as one of the mos
upright and honorable gentlemen il
the presidents cabinet; but if the
above ruling is allowed to stand, We
have been mistaken as to his character
The head of the department, whoever h,
may be, or whatsoever his politics, WHIT
undertakes to enforce that ruling, de
serves immediate impeachment.