The record-union., 1895-10-04
How the Question viii Probably be
Settled.
Draft of an Agreement Submitted by
William Ii. Mills to the Miners
Association.


agreement submitted by the committee
to him as drafted by John NJ. Wright.
and gives the information that c. Il. Uren
of Grass Valley. Nevada County. has
been selected by the Central Pacific to
represent it as the commissioner OF the
railroad company.
The correspondence between Mr.. Rick
etts and Mr. Mills speaks for itself. Mr..
Rick eits took pains to fully set forth the
position OF his committee in the follow
| ing:
Nv. II. 1IiLLS, Esq, Land Agent Cen
tyat Fac!fc RaGtroad Company, City
DEAR SIR: The committee Oh the pro-
lection of mineral LANDS of the California
Miners Association. replying to your
1avor OF the 10Th ult., begs TO state that the
withdrawal Of the names OF the Southern
| Pacific Company, the Western Pacific
Railroad Company and the southern Pa
citic Railroad Company from the list OF
parties on the one side to the proposed
arbitration,' applies and extends only to
the negotiations now pending between
you, as the Land Agent of said Central
Pacific Railroad Company, and said com
mittee, ana no further. That all matters
and proceedings now in hand, or which
may hereafter arise affecting each and
every other company herein named,
shall not in any way be prejudIced by
such withdrawal OF their names from
said proposed arbitration with the SAID
Central Pacific Railroad Company, but
may be at all times prosecuted and main
tanned without reference thereto.
''Before the said negotiations are closed
! you Will, in accordance with your re-
quest, be furnished with the data OF the
/ appointment OF said committee and
duly authenticated statement of the
scope OF the authority vested i'll the COM
mitlee by the California Miners Associa-
ton. Yours very truly,
"a. Ii. RICK ETTS, Chairman"
Following was the reply of MIR. Mills:
~ II. Aicketts, Chairman Of the MIN
erat Lands Committee Of the CItyOrn10
Miners i association DEAR Sn:: An
sWering your late communication [ beg
leave to submit herewith the incIosed
form of agreement as u su bstltute for that
outlined by you. This follows your out
line closely, the chief feature Of diverg
ence being that the entertainments and
conclusions of the commission TO be ap-
pointed shall take the form of judicial
determination instead of an agreement
outside OF the tribunals established by
the Secretary OF the Interior for deter
minatIon OF the questions involved. This
plan has the advantage OF being fully de-
Iernined and OF having the binding force
of judicial conclusion of the parties to
the agreement. Should it be for
tunate enough to meet with approval
at the hands OF your committee please
sign both copies and return one To me.
I'm the interest Of expedition l beg TO
name as Commissioner On behalf of the
Central Pacific Railroad Company c. T..
Uren. Civil Engineer, of Grass Valley.
Nevada County. In presenting The name
of MIR. Uren, l wish TO say that he is
mining engineer of high attainments,
broad experience and unimpeachable
fairness.
You will please note that the fifth
subdivision OF the proposition herewith
submitted provides for the subdivision
of the field into districts and the appoint
me- t OF additional commissioners for the
examination OF these districts. Subse-
Quent appointments Will be made as the
necessities OF the case demand.
II shall be pleased, il the proposition
herewith submitted shall conclude the
matter, 30 receic Sc the name of The Com
missioner appointed on your behalf.
Yours respectfully,
'W LILLIAN II. MILLS,
Land Agent Central Pacific Railroad
Company"
And the agreement as drafted by him is:
Tie Central Pacific Railroad Company,
by William ii. Mills, its land agent, the
Association by the undersigned, its COM
mit:ee for ihe protection Of mineral lands,
the second party, nave agreed as follows:
first-Ihat each party will, within ten
days from the date hereof, appoint rep
utable and competent person, whose duty
IL shall be TO inspec; such unpatented
lands claimed by the first party in Cali
fornia as the parties hereto may submit
TO Them, and 10 testify as witnesses in the
proper Land Office OF the United States
la to The character lor valuable minerals
contained OF all the lands inspected by
them such testimony 10 be given at hear
ings ordered or 10 Ue ordered by the Gem
erul Land Officers oftne United States,
for The ascertainment and determination
OF the character OF said lands.
And herein it is agreed that the persons
50 20 be appointed may, when they con-
eur in so doing, present protests To the
General LGnG Utllce against the issue OF
patents u Tie first party conveying any
lands which have been submitted TO, in-
specled and ascortained by them 10 bo
nInera! in character; ana tho lirst party
Aorety couseuls that hearings may be or
dered by the General Land Officers, in
pursuance OF such protests.
And herein II Is further agreed that the
character of minerals of all lands SUBJ
mitled TO and inspected by them shall De
determined Dy the testimony OF such
PERSONS alone, HOlNltnslandin9 Lnlru
persons may testil; at the same hearing.
Socond-Ihat in all cases where the
two persons 10 be appointed, aforesaid,
disagree as TO the character for minerals
of any tract or tracts submitted 10 them
they shall appoint Il third reputable and
competent person, who shall have the
same qualifications and duties as the said
firsl-nalned persons. and III ali such cases
no testimony shall be given nor action Ge
taken excelt by the two OF such persons
who nave served, and then only III so TAR
as they are agreed.
TLird-The first party agrees that it
will, at the request of the said persons 10
be appointed, apply 10 select any lands
submitted TO them which are not listed,
III order that bearings as 20 the character
thereof may be properly and promptly
ordered by the General Land Office; and
that 1t will not seek to procure the issue
OF patent 10 il Tor any OF the lands sub
niiitet to the said persons until after in
spCcLOn and action by them, as herein
provided. And The second party agrees
that il VIII lacliitate in all ways within
lis powers. influence and persuasion and
viii not. by action or couuienance. OBJ
struct the speedy issuance oi patent To the
first uarty Tor all lands not found 10y tha
sald persons or bv the General i4and
Office decisions rendered. ~ pursuance of
their testimony. 10 De essentially mineral
III Character.