The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-22

mining interests appoint q reputable mining
engineer to act with q like expert of like re .,u-
table character to be appointed by the railroad
company to make examination OF lists of lands
selected from the odd-numbered sections with,
in the limits of the grant and in all portions OF
the grant where mineral allegation may pe
fairly made: and that the parties to TINS
method of arbitration be bound by the joint re-
port OF the examiners.
On its part the railroad company will accept
as conclusive the testimony as to the mineral
character of any land jointly certified by these
representatives of the parties to the contest
In entering upon this new system OF ADJUST
ment it becomes necessary-tiTst. that notn
tives On it's behalf the association from
which this proposition emanates should be
able to bind the mining interests OF the state
Gent guarantee that it does in fact represent
the mining side of the controversy; and that
after the close of the examination Whatever IS
determined shall be regarded as the legal
basis of a final adjustment. The chief value OF
this plan will reside in the fact that what is
determined by it shall remain und1sturbeo.
1t would be useless to enter upon an exhaus-
tive and expensive investigation OF the char
acter proposed unless both parties act in good
faith and are irreyocably committed to abide
by the legal force of the testimony adduced.
In the next place, if this more amicable
method is to be the procedure of the future,
all other methods should now be abandoned.
Obstructive affidayits relating to large Sec
tons of land should be Withdrawn, and the
new method of entertainments as to the physical
condition of lands prima facie granted to the
railroad company should be entered upon in
good faith as the beginning OF new and
broader policy.
Thanking you for the very amicable terms in
which your communication is couched, and
expressing the hope that the opinion we now
entertain of the value OF this new procedure
will not be disappointed, beg to remain,
your obedient servant, WILLIAM II. MILLS.
After he had read the product of Mr..
Mills mind, Attorney Ricketts, said:
IL am agreeable to the idea OF having a
Joint expert commission appointed &c
ascertain the character of the lands, but
that is about all / can say until | study
Mr.. Mills letter little more carefully.
/ could not just now go into details.
GAS to his suggestion that the legal con.
test we have started be dropped, | must
saw this: MY clients will not be inveigled
into any forfeiture of what legal rights
may have accrued to them. if /, as their
attorney, can prevent it. have a duty to
perform for Messrs. Benjamin and Raiston
personally, whatever may be the desire
and conclusion of the Miners Association,
and am bound to that duty by the well
known spirit and ethics of my profession.
As the attorney for my clients l shall not
consent, therefore, to the abandonment OF
the legal proceedings we have begun, and
oppose any such abandonment, if it be
proposed, as chairman of the mineral
lands committee and as member OF the
association. Of course, so far as the asso-
citation itself is concerned, I must be gov
erned by its action as such member. but as
its attorney have an interest at stake.
My reputation as a lawyer and the honor
of my profession are involved now that the
fight has been begun.
Understand me, though, as favoring,
as member, any amicable arrangement
which will operate justly to the Miners
Association"