The record-union., 1894-12-17

Oregon. to protest against the issuing of
patents to mineral lands, this misconcep-
ton of the rights of miners is plainly ap-
parent. Mr.. Wade, whose letter you in
close in printed form, strikes the key
note TO this disposition to leave open vast
areas OF the public domain for future ex-
ploration. when he says: again, who is
TO look alter the great body OF mineral
land listed by the company, to which
there is at present no private claim, but
which should be preserved for future ex-
ploration."
one time occupied position on the bench
of this State. forwarded to the Land De-
partment of the Government at Wash
lngton an affidavit declaring that all OF
the land north of township 30 north, in
the State OF California, was mineral. If
the Government pays heed to petitions
and affidavits of this kind, no title TO
agricultural land could be obtained, the
country would be left open to the
nomadlc prospector, and vast areas of
valuable agricultural land, suitable for
the homes OF men, and extensive timber
regions would remain in their primitive
state simply that an opportunity to seek
for gold by those who seldom find it
might remain.
The Oregon and California Railroad
Company will cheertully relinquish any
land within an odd-numbered section
within the granted or indemnity limits
proven TO be mineral. If there is mine
upon patented land which by the ex-
penditure Of money would be a paying
mining property, it would be judicious
administration on the part of the Oregon
and California Railroad Company to
make a present of that to any one who
would develop It's auriferouS treasures.
In short, the railroad companies do not
want title 10 mineral land. They, how
ever, do not believe that large regions of
Washington, Oregon and California, equal
in size TO the State of Ohio, shall be pre-
served forever for the use or benefit of
few nomadic explorers: and this is the
actual logic of the doctrine that whole
regions are mineral and should be pre-
served for exploration OF mining pros
pectors. That doctrine is absurd and
untenaale. There may be gold mine
within few yards of land in which no
mineral of any kind exists, and the COM
mon-sense view Of the situation is that
the land in which the material is found
should be denominated mineral, and that
which by its geological character is known
to be merely agricultural should be de-
voted to that use.
In the existing situation there is false
appearance produced by assuming that
all the controversy is between the rail
road company and the miner. 1t should
not be forgotten that onl y one-half of the
lands within the railroad belt in Southern
Oregon are granted to the railroad COM
pany, and that every agriculturist, every
orchardist, every man who owns tim
Der claim, every one seeking to make
home In the public domain, finds himself
IN an attitude of antagonism to the false
and fictitious claim OF the pseudo-lnlner.
Ii there was no railroad grant in Southern
Oregon. the conflict between the agricult-
ural use OF the land and the demand of
mineral exploration alone would be the
same as that which is now made to ap-
pear to exist between the railroad COM
pany and the mining element. The hold
ers OF agricultural land everywhere have
common cause with the railroads in this
matter.
The railroad companies stand ready to
meet mining claimants anywhere in Cali
fornia, Nevada, Utah or Oregon on the
subject of devisIng rules of practice which
shall reduce the cost of determining the
mineral or non-mineral character OF the
land to its minimum. and offer the earn
est assurance that they have no desire
whatever to acquire title TO land which
was not granted. The whole issue is sus-
ceptible of very clear formulation.
Mineral is discovered at wide inter-
walls in an extensive region. Mines
are found in groups, but the area
to which an honest allegation of
mineral attaches is exceedingly small.
This is we'll known to the whole mining
population OF this coast. There are no
l,0U0-acre gold mines. and yet there are
holdings in this State comprising 1900
acres in a solid body, claimed as placer
gold mine. There are lands 10 which the
allegation of mineral can by no possibility
attach. In the very nature OF things, gold
could not be found in them. That min
eral would be as foreign to such land as
slNi ir1c in flSh in fhn aJr
clearly apparent. Congress granted the
agricultural land within the mineral re-
gions to the railroad, and likewise granted
the right to an agricultural claimant to
enter such general mining region and
appropriate the agricultural land. The
contention on the part OF the miner Is
that the whole region shall be left open to
exploration; that, however obvious the
fact may be that thousands of acres in
solid body are tit only for agricultural or
timber uses, they shall still remain under
the mineral interdictment, and thus hold
them out OF use for all time.
The determination of the question as to
the category in which any particular
piece of land falls, whether or mineral
and therefore not granted, or of agricult-
ural and therefore granted, should be by
such simple rules as Will disclose clearly
the facts of the case, and establish the
legal and equitable rights of the parties
to this controversy.
If the people of Southern Oregon, or of
any other portion OF the country, IN which
the railroad grants represented here are
located, earnestly desire just solution of
this controversy, they could not do better
than to meet the railroads in the same
spirit of fairness in which they will be
met in seeking a final adjudication of
these difficulties.
AS the acting land agent of the Oregon
and California Railroad Cou1napU Won
are authorized to assure the people of
Southern Oregon of thevery earnest and
effective corporation of the Oregon and
California Railroad Company in finding
a basis of adjustment which will estab-
lisn exact justice between the parties and
promote the most rapid development of
the country. Very truly yours.
WILLIAM IL. MILLS,
Land Agent o. and G. r. K. Co.