The morning call., 1894-11-20

THE mineral claimant when contest is
forced upon him hy the agriculturist must
prove" said Mr.. X cketts, first, that the
land is valuable for minerals, and second,
that 1t is more valuG BILE for mining than
for agricultural purposes. If the land is
valuable for minerals, under the law, 1t
should only be sold as mineral land, with
out reference To its relative value for agri-
cultural purposes. This que ton of COM
parative value of The land is theou growth
of judicial and department legislation.
before referred to, and it is SO deeply
rooted that only an act of Congress can
eradicate IT,.
The famous Manzanita case was dwelt
upon at some length. and the local land
Office which decided that the land was
more valuable for agricultural than min
ing purposes severely handled. Continu-
ing, Mr.. Ricketts, said:
The subsidized transcontinentaI rail-
roads have not been a whit behind the
agriculturist in efforts 10 secure the miu-
eral lands, and they. like the agricultnrist.
take no heed of miners locations or their
possessory rights. For example, take the
case OF the Eagle Bird mine. known in the
lawb0oks as Francouer vs.. Newhouse. Its
patent was issued TO cover portion of an
odd-num bered section. This did not deter
the railroad company from making its
deed of this patented mine al agricultural
land to one Francouer, VINO promptly
ouil III cJtCLUI5UJ dSdiuSb ll6 tDlOe-
owners.
The question of the mining patent cut
considerable figure IN the c,se, and Incl
dentally 1t appeared that the railroad had
sought TO patent the property as agricul-
turat land, Notwithstanding the existence
of the mining patent. Think of tia pa :
ent upon a patent ana the Government
supposed to have different title for each
applicant. This case was tried before a
jury and resulted in victory for the
mine-owner. Since that time, and because
so many points of law were settled against
the railroad company, but little if any at
tempt has been made to secure such prop
critics through the courts, but the fight is
going on all the time, and the forum
chosen is one where juries are unknown
ana regulations are promulgated by which
the railroad company is made the arbiter
of its own case.
In no other tribunal than that of the
Land Department could such thing be
poss Bile. But the present regulations
have just that effect, and the Bardop de-
cision is supposed by it to sanction such a
course. 1t really does no hing of the
kind. 1t enunciates no new principle Of
law, but does uphold the Lana Depart
ment in it's practice and Con ention that
matters relating to public lands and the
selection thereof are within its jurisdic-
ton until patent issues. Mr.. Justice
Field, who delivered he opinion of the
Supreme Court of the United States in the
Bardon case, in the course of the opinion
says: AS justly observed by counsel for
the defendant in their very able brief, the
reservation in the grant of mineral lands
was intended to keep them under Govern
ment control for the public good, in the
development of the mineral resources of
the country, and the benefit ana protec-
ton of he miner and explorer, instead of
compelling him to litlgate or capitulate
with stupendous corporation, and ult-
mately succumb to such terms, subject to
such conditions, and amenable TO such
servitudes as IL might see fit to impose''
Mr.. Ricketts, was not highly compli-
mentary to the railroad. Further along in
his paper he sail:
In the very teeth of this opinion.
ana because Justice Field took occasion
therein to say, The fact remains that.
under he law, the duty of determining the
character If the lands granted By Con-
gress and stating il in instruments trans
ferring the title OF the Government to the
grantees reposes in officers of the Land
Department. such officers have issued
new and additional Instructions affecting
the selection of lands within the railroad
grants. which have but little regard for
the interests IF the Government or Of the
mineral claimants. These rules could not
better serve the railroads II they were
Of their own creation and adopted at some
ransconliuentai railroad convention.
These rules provide that where the
lands selected by the company are within
mineral belt or proximate to any mining