The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1894-12-19
BY WAY OF EXPLANATION
LimaeauX Tells Senator Dolph About
the Mineral Lands
HE THINKS HE HAS 1T PAT
The Recent Regulations OF the
Land Department Defended
With vigor by Mr.. Cisvs-
lands Commissioner.

With vigor by Mr.. clsvs.
land's Commi.sloner-
WASHINGTON, Dec. lS.-Senator Dolph
mas received tue following communica-
tion from Commissioners Lamoreaux Of
sne general land oiiice:
IN response to your reference OF letter
OF EDWARD Z. wade of Granrs Pass, Orc.
concerning tho rules and regulations OF
this department, issued July 0, 1884, In
reference to tho selection OF lands by rail-
ROAD companies IN satisfaction OF their
grants have the:honor TO state that those
regulations werc Formulated and promul.
Rated atter the rendition oil the decision
oi the supreme court In what Is known a.
the bardeu case These regulations were
formulated Tor tho purpose OF determin-
ing tue mineral OF non'm'nerai character
OF 'ands-so that those: strictly agricui.
turai IN character might % segregated
from tnose OF mineral character, and
patented TO railroads entitled thereto,
ana tnus oscome subject TO taxation,
'hsreoy relieving agricultural homestead
entrymen from the entire ouruen OF taxa
ton for municipal. county and state taxes.
All ianos iound TO % mineral, all
mining claims and all mineral
protests snd contests should be eiimi.
mated rom tue clear iists' and only
such ~ arc known to 90 agricultural
patented Ihese rules snd regulations
we're Thought suiIic'ent TO accomplish this
purpose. Aiter selections are made by
tue railroad companies, the selected list is
sent to tho mineral division OF this oince,
ana shero all lands thas arc returned by
the surveyor general as mineral. and oil
mining Claims mineral entries, contests
anu protests are ei'mhaieu from the
sclectod iots' anu likewise au lands within
raoius OF SIX miles oi any mineral claim,
entry or location although the same may
have oeen roturned No agricultural A
supp'einentai iis' 10 'nen made ana sent
70 'ns regls'er anu receiver nearest toe
lands, 10 % adverused ior " days, 20 that
any mineral ciaiin' protest or contest, or
mineral suggestion made to the register
ana receiver may % entered opposite
snch tracts. After tho expiration OF tho
W Gays the supp'ementai list returned
70 'ne eenefai 'ana Once ano ~. ianas IN
the ssid nst when nave eisner been
claimed as m'nefei anu al mineral loea'
aons, pro'es's anu contests, OF lands tho
character 0t wn'cn 70 even SUPPOSED TO %
mineral. eiim'nated tnereiroms ana tho
clear i'ss' those Tree OF any mineral char
scser wnatever' torwarueo 70 tno seefe'
'ary OF tue 'n.cr'os ior spprova.
Nowsn .u's 'etof AA.' Waoe twno
says tnat No 70 chairman on some mineral
commnteeD claims .nAs sneee ihstrueions
tnrow tue ourusn OF proot OF tue non'min'
srsa cnassc'e' " '"o '1uu up9n '"o 'na"ss:
In reiuta,,ou OF sa'o oo1ec'ion ! wouid
state tnat 'neee RUSS anu re9uiations 90
not interfere IN any 'hannef WIN tns es'
taolisneu rules anu Regulations OF tne de'
partment conserving m'nefa' 'anus a. 10
burden Of PROOF. Inc rules ana reguia'
tsons - 10 ouruen OF PROOF arc tne same
% shey Always nave ocsn snd sfs mot
enaneea IN any way w .nese russs Ana
ro&uiaaons' A1' weoe 'ur'osr ssstes
that the character Oh tue ianos soooid %
nrst ae'ernineo oy government Agent
In answer 70 'n.s ne9 70 s'ste snat tness
10 no law providing Tor the examination
OF mineral Janus oy tne govsrnmecs, ana
that there arc no agents connected with
the general iano ohce VINO cooid % 90
ssled TOT Tue wosA'
fne suResstlon maos " Mr. wsds
that the time anowed 10 NOT sumclents
anu that at the expiration OF the " days
they are preciuaed from niine m'narAi
protests or contests, wouid eau ms sf'
tcntion to the decision In tne bArden case
which holds that up 10 tho time OF issu'
ance OF patent u 10 tho duty OF tho depart-
/ me0y 10 f0Cetvo mineral CioltDe, Pcov0DtD