The record-union., 1894-12-17

Mills, Land Agent of the Oregon and
California Railroad Company, to the act
ing Land Agent at Portland, is self-ex-
planatory:
SAN Francisco, December 4tn.
George II. AndreDS, Esq, acting Land
Agent 0. and c. X. II. Co.. Portland,
Or.-DEAD SIR: I reply in this to your
favor of November 30th, with enclosures.
note the TACT that meetings are being
held in the southern counties of Oregon
to protest against the issuing of patents
by the Government of the United States
TO the Oregon and California Railroad
Company for mineral lands. l note the
letter of E. c. Wade, addressed to the
Hon. Binger Hermann, Representative
in Congress from the State of Oregon,
and replying to these matters, wish to
state for your Information and direction
the following facts:
By the acts of Congress granting lands
to railroad companies, mineral lands are
not subject of the grants. If there existed
to-day an infallible rule of determination
as to what particular land should be des-
lgnated as mineral. we would be able TO
identify at once the lands within the cat
egory of those excepted from the opera
ton of the grant. That lands more val
liable for mineral than for agriculture
were not granted is an admitted fact, and
the Oregon and California Railroad Com
pany does not desire patents to such
lands; neither does the Central Pacific
Railroad Company, nor the California
and Oregon Railroad Company, nor any
other railroad company represented i'll
this office. The conflict, or apparent con-
11ict, between the railroad company and
the claimants to mineral lands grows out
of the obscurity of the proofs concerning
their true character. L peg TO announce
to you, and authorize you 10 announce to
the people of Oregon, the perfect willing
off Inn Coli
road Company TO adopt such rules of
practice and such standards of eXamina-
ton and proof as will entail the mimi
mum of cost to the contestants-both the
railroad companies and the claimants to
mineral lands-provided that such rules
of determination shall be perfectly fair
to both parties.
The apparent conflict between the rail-
road companies and the mineral claim
ants does not grow out of the desire on
the part of the railroad companies to Sc
cure patents to lands that were not
granted. The action of the Central Pa
cifc Railroad Company and other rail-
road companies represented here, will
fully vindicate this statement.
The mineral lands excepted from the
operation of the grant comprise but
small area in any mineral section in the
State of California. That portion where
the richest placer mines and quartz mines
exist comprises in area but small quan-
tity of land. The railroad companies are
vastly the gamers by mining operations.
A placer mine covering 40 or 80 acres of
land, if worked effectively, will produce
more revenue to a railroad company on
the side of transportation than the value
of the land. The railroad companies do
not want mineral lands. They could not
work them themselves. They could not
afford to prospect them. They could not
afford to sell them on the basis of their
H. IL
come TO the railroad companies as to agri-
cultural land, and they could by no pos
sibility have higher value.
AS already stated, the area comprising
actual mineral lands is very small There
are not 10000 acres Of gold mines in the
southern part of the State of Oregon But
there is a class OF miners, or mining pros
pectors, who desire the country lett open
for their exploration. On the line of the
Central Pacific Railroad in this State this
class has discouraged the settlement of
the country. The mining population ac-
tually hold to the opinion that the discoy-
cry of mine on the land OF another
gives to the discoverer of the mines the
little TO the land. There are numerous in
stances here in California of men enter
ing the improved Enclosures of other men
for the purpose OF discovering mine
when the title to the land on which the
improvements stand Is In the ownership
OF another.
Mining was the paramount industry of
California in its earlier history, and the
rights which the miners claimed for
themselves at that time still exist in
their minds. This is so we'll known in
California that Judge Sabin, concurring
in decision rendered by the United
States Circuit Court for the Northern
District of California for the Decem Der
term of 1889, took occasion to call the at
tentlon of the profession to the matter
H. Il. hot in oil
Government has issued patents to land.
either to railroad companies or to the
State, there still exists nIisunderStand-
ing on the part OF great many people
that these lands are still subject to ex-
ploration by outside parties for mines,
the same as though they were public
lands of the United States. He proceeded
to call attention to the fact that the Acts
of Congress throw open only public
lands to exploration, and then proceeds
to say:
AFTER the Government has divested it.
self of title to the land, any man going
upon the land TO explore for mines or
anything else, is a mere trespasser AsI
observed, these matters have so often
come before the court for discussion that
l think it would be worth while to call
the attention of the profession to the fact
that by the express terms of the grant
only public land is open to exploration
tor mineral. AS said by the Supreme
Court in the case of Belk VS.. Meagber
locating confirms no right OF entry upon
lands unless the previous right to enter
upon that land to locate mine, or for
other purposes, pre-eXisted. Right of
entry is a paramount thing. If man
has right TO enter public lands, or right
TO enter upon any public land, then
he may make a location; but if he has
not that right of entry in the first in
stance then his location amounts to moth
ing, whatever he may discover. l know
of no law that gives any one a right to
explore my land, or any company's or
corporations land, for the purpose of
making a location upon it,
/ have quoted the expression of the
learned Judge to show that the belief ac-
tually exists in the minds of men that
they can enter the premises of another
no matter what character of title they
may invade, to explore for mines, under
the mistaken notion that if they discover
the title to the land in which the mineral
is discovered. There are instances where
assumed miners rights menace the title
of agriculturiSts, and the owners of the
land, ignorant OF their rights, in many
cases are willing TO buy immunity from
such menace. There are instances where
mineral allegations are made concerning
timber lands, and where a mineral patent
is obtained to such land solely for the
purpose OF acquiring an ownership to the
timber. There are mining companies
here in California holding patents to from
one TO three thousand acres claimed as
placer mines, consolidated into that
quantity by the purchase of a number of
mining claims, where no effort whatever
is made to extract gold and no pretense
that there is any gold to extract. The OBJ