The morning call., 1894-11-20

| claim the railroad company shall be re-
quired TO file with the local land office an
affidavit by the land agent OF the company.
which affidavit shall be attached To said
list when returned, setting forth in sub
stance that he has caused the lauds men
toned to be carefully examined by the
agents and employees of the company as to
their mineral or agricultural character,
and that, to the best of his knowledge and
bel eff, none of the lands returned 10 said
list are mineral lands. That
notice of the railroads selection shall be
given by advertisement, and II no protest.
ing voice is raised within the sixty days
period of newspaper publication, such
selections are to be patented as agrleul-
tural lands
"rhe agents and employees designated
by the railroad companies 10 determine
the character of the land may, at the OPP
ton OF their employer. remain unknown
TO the people and he Government.
They are not required to make report
except to the railroad company, which re-
port need not be in writing or under oath,
and its character may we'll be imagined.
The affidavit required OF the land agent
OF the railroad company based upon such
report is not Only an eX parte statement
but the rankest kind of hearsay evidence,
which would not be admissible in a court
of law. But it is sufficient in the eyes Of
the Land Department TO control It's action
in the disposal of The public lands and TO
cast the burdea of proof upon the party
who disputes it, truth.
SIT is true that contests and protests are
provided for by the regulations under dis
cusson. but under such restrictions and
conditions as TO render such action of but
little value.
The notice to be given of the railroads
selections Is so vague that the opportunity
to even take such steps may be lost. The
notice is to be published in such news
no hnl no - cif
missioner of the General Land Office. No
personal service of this notice is 10 be
given. no posting Of notice on the lands is
20 be had: nothing but a designation by
township lines. This pretended notice is
taDtam0uDt TO no notice at all When
miner seeks patent for his mining claim the
Land Department regulations affecting his
application are of most stringent charac-
ter and most rigidly enforced, with whole
some regard for possible adverse rights.
And the local land officers and those of
the General Land Office at Washington vie
with each other in eff rts to wholly reject
or return his application upon the most
trivial pretexts. An application for patent
has been rejected because the local land
officers could not determine therefrOm
whether it created any conflict with prior
agricultural patents.
The extraordinary attitude of the Land
Department toward the miner cannot be
Ricketts,. 'Its power in the matter of the
disposition and selection of the public
lands must be curtailed. It's usurped
power to legislate and practically repeal
! the acts of Congress by so-calIed regula-
tons and circular instructions must be
| taken from it. Its power to favor one
class of land claimants more than another
must be wholly done away with. The
procedure in the matter of contests and
protests between the miner and the farmer
must be conducted under the rules of
evidence and IN accordance with the prac-
tice OF the courts if it is to con inue TO act
| as quasi judicial tribunal; but as con-
tests between miners have to be taken to
court of competent jurisdiction. so also
let contests involving the character Of land
he taken there. 1t was Congress which
gave to the Land Department its power,
which has resulted in complex, uncertain
and unsatisfactory rules and a mode oil
procedure too often made the vehicle of
| injustice and the cloak of the blackmailer.
1T is therefore to Congress that we
must appeal 10 right the abuses now ex-
| isling; and it is the duty of this conven-
ton 10 hammer at its doors with such
vehemence that there will be no mistaking
your meaning"
Votes of thanks were extended by the
| convention to all who read papers or
| spoke at the convention.
The committee on order of business was
announced by Chairnan Neff as follows:
Julian SOnntag, II. j. Power OF Placer
| a. Tregidgo of Nevada, Grant |. Taggart
of Alameda. r. FL. Campbell of Si>klyon.
| The convention then adjourned 10 10
O'Clock tais morning.