The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-04
REJECT Mr. MILLS OFFER
Miners Say They Find Too
Many Defects in the
Document.
A COMMISSIONER rs SELECTED.
Edward H. Benjamin of Oakland Is
the Representative OF the
Association.

The form of agreement offered by w. H.
Mills, the Central Pacific land agent, to
the mineral lands committee of the Miners
Association did not prove satisfactory
when the committee came together in
Chairman Ricketts, Office yesterday after
noon to consider it.
Therefore it was rejected. The commit
tee selected Edward H. Benjamin of Oak
land, the protestant in the larger number
of land contests still pending in the De-
partment of the Interior, as commissioner
to represent the associations side to Mr..
Mills.
The executive committee is to meet Mon
day evening at the Palace Hotel to con-
slider various matters, among them the con-
tingency of some agreement between the
Central Pacific and the association and the
preliminaries for the coming annual con-
vention; and then ii will be asked to take
some step toward having a special fund
provided TO cover the compensation and
expenses of the associations commissioner
for at least year. The mineral lands
committee, in appointing Mr.. Benjamin,
decided to make such recommendation.
The agreement Mr.. Mills drew up was
pretty thoroughly analysed and pulled to
mittee and Mr.. Yale got together. Mr.
Wright thought it was ''yagne, uncertain
and meaningless" and MIR. Ricketts,, hav-
ing devoted a night to its dissection, had
prepared critical enumeration of its de-
fects, and also of some of its advantages to
the miners. Briefly, Mr.. Ricketts, opposed
it on these grounds:
First, it did not make the submission of
lands TO the joint commission for examination
compulsory; second, there was no provision
to compel the commissioners to examine
lands; third, there was nothing covering
pending protests and appeals and the prom
ised withdrawal of land selections and no pro-
vision requiring the commissioners to examine
the lands now in dispute; fourth, the third
subdivision OF the agreement was ambiguous
as 10 lands not already listed fifth, the latter
part OF this subdivision might be construed as
carrying with 1t the unconditional withdrawal
| by the association of its protests and appeals;
! sixth, portion of the same subdivision might
| be construed as waiver on the part of the as
ISOLATION of its right TO appeal any pending
protests; seventh, there was no time limit in
the agreement; eighth, there was no specific
| description OF what was to constitute mineral
lands; ninth, the agreement would still con-
| fine the question to the Land Department in
| which the conclusions of the commissioners
were to have judicial weight, whereas the
| Miners Association has more faith IN the De-
| partment of the Interior and did not desire to
go further than the provisions of the Idaho
| Montana act the conclusions OF the commission
| appointed under which are prima facie and
not final; and lastly, the agreement was alto
| gether too much open to construction anyhow.
| But he also saw the following advantages
in it to the association:
| First Mr.. Mills action was evidence Of the
| fact that some change in the land system was
considered necessary by both sides to the con-
| troyersy; second, it showed that the rules of
| July 8, 1894, by which the Land Department
| OF the United States is governed, do not pro-
vide Tor proper protection to mineral lands;
| third, it showed, also, that no proper investi-
| CATION can be had under those rules; fourth,
| the agreement did away with the distinction
| between lands within and beyond the six-mie
| limit from known mineral land, and admitted
| that such lands beyond might become also the
| SUBJECT OF investigation, and, in consequence
eliminated from the railroad grants; fifth,
| there was nothing IL the agreement to prevent
! its abrogation at any time; sixth, there was
| nothing IN 1t to prevent the association from
| continuing TO file protests against any future
| selections OF land, and seventh, there was
nothing TO prevent either party from appealing
| to Congress for legislative action.
Therefore he was inclined to regard Mr..
Mills proposed agreement as big conces-
| sion to the claims made by the association
| for fair examination of the lands in
volved in the railroad grants, and, viewed
IN that light, to consider it great victory
| for the miners. Nevertheless the form,
as drafted by Mr. Mills, was open to too
| many objections, he said, to be accepted
1t was then that Mr.. Wright tersely de-
| scribed 1t as vague. uncertain and mean
AnSleSS, duu MT. 1aIe CnaraCCer1ZeQ 1t
with one word, lam biguous'
Messrs. Wright and Ricketts, agreed that
Mr.. Mills form of agreement would not
apply to any of the selections of land al
ready made.
"Why, when go to Mr.. Mills" observed
Mr.. Wright, che treats me as if | were an
oyster, and | am told he treats everybody
the same way whatever their degree of in
telligence. This agreement is simply mo-
lasses to catch flies with -
Mr.. Yale thought the proposition sub
mitted by the miners had been entirely
ignored, and in Mr.. Wrights opinion it
had been ignored because it was precise"
Mr.. Ricketts, remarked: "In his first
proposition he favored filing relinouish
ments; now he wants to accept the decis-
ions of the General Land Office and does
not intend to file ACCOMPLISHMENTS"
The draft of agreement made by Mr.
Mills was formally rejected by the follow
ing resolution from Mr.. Wright supported
by Mr.. Yale's second, and unanimously
adopted:
ResoIUed, That the form OF agreement sub
mitted to this committee by William H. Mills
OF the Central Pacific, etc, be rejected, and
that Mr.. Mills be informed by the chairman of
this committee that this committee stands
upon its proposition submitted under date of
september IL, the same to be subject to such
minor notifications as shall in no manner in
terfere with any essential particular.
Before the committee adjourned Mr..
Ricketts, said he had found letter written
by Land Commissioner Drummond to
Secretary Delano in 1871, showing that an
agricultural patent had been issued to the
Western Pacific for land upon which a
quicksilver mine had been discovered SUBJ
sequentlY.