The San Francisco call., 1895-10-12
POSITION OF MR. MILLS,
He Answers the Criticisms
of the Mineral Lands
Committee.
MIR. Benjamin's Appointment as
Commissioner Is Objected
To, However.

W. H. Mills OF the Central Pacific replied
yesterday to the criticisms made by the
mineral lands committee of the Miners
Association on the form of agreement sub
mitted by him September II by a COM
municetion to Chairman Ricketts,.
The reply is rather long, and answers
each criticism in its turn. In substance it
amounts to this:
First-It is to be presumed that either party
to the proposed agreement would submit To
the joint commission for examination any un-
patented land claimed by the railroad COM
pany.
Second-It is in the interest OF both parties
that the conclusions of the JOINT commission
should, rather than be binding simply operate
as expert testimony as to the character of the
lands examined.
for the parties to the agreement TO hamper the
commission with elaborate rules OF determine
uon. The commission, being composed OF
experts, should have the right to formulate its
own rules.
Fourth-In spirit of fairness, the propos ed
method OF amicable settlement should CON-
pletely take the place OF the old one of land
office contests and appeals TO the Interior
Department.
To cover the first ground of objection,
however, he suggests verbal amendment
As to the second, he says:
I had supposed that this entire proceeding
was for the purpose of facilitating judicial con-
cluSion as to the facts in controversy. COnclu-
sions reached outside of the tribunal estab-
lished by the Secretary of the Interior for the
determination of these questions would not be
binding, nor could any advantage follow from
them TO either party. In the first Instance
these lands are mortgaged or conveyed by
trust deed OF October L, 1870, to the trustees
for the benefit OF certain bond-holders These
bond-holders are scattered throughout the
world and cannot be made parties to any pri.
vate or personal conclusion which the land
agent of the Central Pacific Railroad Company
Association may make; but they would be
/ bound by judicial conclusions based on exper
testimony, which the parties TO the agreement
now propose to introduce. 1t was. therefore
decidedly in your interest and in the interes
of fairness that we should propose that the
conclusions reached should crystalline into
| judicial determination.
| Mr.. Mills says that the company i:
perfectly willing to reliEquish all lands
found to be mineral in character. since
it has nothing to lose by so doing, as
the REIMBURSEMENT of such lands consti-
tutes a basis for claims for selections within
the indemnity limits.
He also argues that the agreement should
cover all lands, whether involved in the
protests of the association or not. He con-
cludes with an implied objection to the ap-
pointment by the mineral lands committee
OF Edward Fl. Benjamin as the associa-
tlon's commissioner, on the ground that
he is the atiant in the greater number OF
the associations protests.
The Manufacturers and Producers As
sociation yesterday selected the following
gentlemen to represent it at the miners
convention: NJ. ]. Keller, r. S. Moore, J.
2. Currier, a. Mclaughlin and James
SDrOule