The record-union., 1895-08-23
MINERAL LAND CLAIMS.
The Railroad Company Does Not
Want Mineral Lands.
Mr.. Mills Outlines a Practical Plan
to Settle the Controversy
for All Time.

ieho oOht a xoply w tdO lOtsCI Va OOhA
Wright. of the California State Miners
Association, which appeared in these
columns yesterday morning. Mr.. Mills
letter is as follows:
SAN FRANCISCO, Aug. 20, 1895.
John ". Wfight-DEAR SIR: [ have
before me your esteemed favor of August
Goth, and have noted it's contents with
care. The Act granting lands in aid of the
construction of railroad and telegraph
line from the Missouri River to the Pa
citic Ocean excepted from its operation
mineral lands.
y like exception also relates to the
grant TO the California and oregon Rail
road and TO the Oregon and California
Railroad Company. which havo their
termlni at Rosevi!le, in California, and
Portland, in Oregon.
The rules OF practice by which evidence
is adduced i'll reaching determination
by the land officers of the Government az
to whether the lands are mineral or nom
mineral, and therefore granted, are as To
whether they are mineral, and therefore
within the exception to the grant. have
been exceedingly oner0us 10 the railroad
company. These rules are portable in
their nature, being formulated and issued
by authority OF the department OF the In
terror. Each new Administration finds
it necessary TO revise and change these
rules, and each succeeding change has
added something III the way OF moro
onerous conditions. Beyond this the
ordinary methods which have been em-
ployed in ihe determination of these ques-
tions have been slow and tedious as well
as eX Xpenslyo to both sides of the contest.
1t has appeared TO me, aud l expressed
this view to Mr.. Crawford. State Mineral
ogist, that it is highly desirable that the
parties TO this contest should promote
more expeditions settlement or the mat
ters in controversy, relating to the min
eral or non mineral character of the land,
by some concurrent action. 1t may not
be practicable for the representatives OF
the railroad and the miners interested in
the determination of this question TO Sc
cure change or modification of the rules
established by the land officers of the
Government. These rules appear to have
been established with reference to the
full and complete protection of the rights
OF the Government of the United States.
But in this case, as IN all cases before Ju-
diclal and quasi-judicial tribunals, the
stipulation and agreements Of the parties
to the contest may promote expedition
and very greatly mitigate the cost.
In view of these considerations it seems
to be desirable that the question as to
whether any particular piece OF land
within the limits of the grant is non
mineral, and therefore granted, or is
mineral in its character, and therefore
excepted from the operation of the grant,
should find speedy determination, and at
the minimum cost to the railroads and
those who contend for the mineral char
acter OF the lands. The final determine
ton OF all questions affecting title to land
and the repose of titles is promOtive Of
the settlement and growth of a country.
1t is now thirty-two years since the
date of the first Granting Act. But the
features of the controversy to-day pre-
sent the same aspect Of thirty years ago
The obsCurity of proof is in a measure
responsible for this obstruction and de-
lay,
1t has appeared to me that by concur
rent action of the parties to this contest,
a preliminary examination by experts
was practicable. / have therefore looked
with satisfaction upon the formation of
an association representing the mining
interests of the State who might act as
parties of the Othsr part In securing a
speedy adjustment and settlement of
these questions. The suggestion out
lined in your letter appears TO be feasible
An expert appointed by each party to
the contest may make an examination of
lands to which allegations Of mineral
may have attached, or which by their
contiguity to known mines possess pre-
SuIlpllN6 eNlu6uCo vi lulucIhl CAdidCtoT.
The concurrent report OF experts repre-
senting contending interests to be made
the basis of ad ustmsnt In any trial had
before tho Land Offices OF the Govern
meut authorized to hear and determine
questions of this nature.
The railroad companies therefore are
willing to select an expert to act with
like expert to be selected by the repre-
sentauves of the mining interests and
,i,a I'll hide INV tbo mi pf nj,
sions of the parties after due examina-
ton of the physical condition of the land
has been completed. This examination
could relate to such land as might be
agreed upon as possessing presumptively
mineral character and would relate to
such listings of land as are made in odd
numbered sections within the known
mineral regions of the grant.
1t is, or at least should be, we'll known
20 you, as representatives of the mining
interests of the State, that the Central Pa
ctic Railroad Company has pursued the
most considerate and liberal policy. 1t
has stood ready at all times to relinQuish
its claim to any known and operated mine
within the limits Of the grant, and it has
in fact, made ACCOMPLISHMENTS of this
character in many instances.
In most cases the exploration of the
land by prospectors has furnished most
indubitable proof of its non-miueral char
acter. The company has been the victim
OF fraud on The part of those who have
sought to acquire title to timber land by
fraudulent allegation Of the mineral char
acter of such land. The reasonable and
equitable settlement of these questions
has also been further Obstructed by the
fling Of affidavlts on the part of those
willing to irihe with the gravity of an
oath alleging the mineral character OF eX-
tensive regions of which they could have
no personal knowledge. Nothing has been
accomplished by those obstructive meas
ures except delay. The physical condi-
ton Of the land with reference to Its min
eral or nom mineral character is ques-
ton capab ble of ultimate ascertainment.
Ultimately, therefore, the question is sus-
cepIible of determination by the meth
ods in vogue; but, as already indicated,
they are uselessly expensive and entail
delay.
If the basis of the adjustment now pro-
posed Will promote simplicity and ultl-
mate settleineut of the questions involved
it is highly desirable, both from public
and private standpoint. l have the honor,
therefore. to coincide in the proposition
that the representatives of the mining in
:erests appoint reputable mining engi-
neer to act with 8 like expert of like repu-
table character to be appointed by the
railroad company, to make examination
of lists OF lands selected from the odd
mum bered sections within the limits of
the grant, in all portions of the grant
where mineral allegation may be fairly
made; and that the parties TO this 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.