The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-18

Caminetti and Mcguire and q local attorney
In Washington, acting in conjunction with the
representatives of the State of Montana, and the
last Congress was urged, nay lmplored, to
make the provisions of what is known as the
Idaho-Montana Act applicable to this State.
ms act provides for the appoin tment OF Com
grant to the Northern Pacific Railroad and
defines what shall constitute mineral lands.
1t is possible that the Idaho-Montana act was
unnecessary, because of the existence of the
laws excluding the mineral lands from the
railroad grants, the law creating the Geologi-
cal Bureau and empowering and directing
that bureau to classify the lands of the public
domain, and that it is the duty of the Land De-
partment to determine the character of all
lands embraced in the railroad selections.
Such duty is not performed by arbitrary rul-
1ngs, resorts to technicalities and dependence
on hearsay afidavits, as to the truth OF which
the affiant is not called upon nor seemingly
and the assumption that all lands not within
six miles of any mineral entry, claim or loca-
ton are prima facie agricultural lands and
patentable to the railroad companies as such.
Commissioner Lamoreux says that it is fair to
so assume, but he fails to state in what the fair
ness consists.
1t is safe to say that the greatest check the
railroad companies have ever received in this
matter is through the committee on the pro-
lection of the mineral lands. The committee
has sought every available avenue of informa-
ton, and through Edward FL. BENJAMIN, O.
member of the association, has filed general
protests against railroad selections in the var
ous land Offices of the State until at the present
time, nearly 100000 acres are involved. These
several protests had been dismissed from time
to time, and on purely technical grounds, and
appeals have been duly prepared, forwarded to
Washington and allowed This has the effect
of suspending the issuance of patents until the
determination of the appeal, and If the outlined
course is pursued these lands will, in any event.
be kept from the railroads grasp for very
long time to come.
Under these circumstances it is too soon to
assert, as some railroad sympathizers do, that
my visit to Washington was not success, or
that the President will not guard the interests
of the miners. 1t should be remembered that
the presentation OF the miners cause was not
only purely ex-parte, but 1t was in the nature
of an arraignmento of at least one public official,
for whose acts the President is at least morally
responsible to the people. 1t cannot be ex-
pected that under such circumstances the
President will act hastily or without giving
full opportunity for explanation.
The work of the committee is not completed,
nor will it properly De until there are no more
lands to be selected, or Congress, by further
legislation, curtails the tremendous power of
the Land Department of the United States, or
tween the railroad company and the associa--
ton. l am by no means opposed to the latter
course and would be inclined to further an
amicable settlement of the controversy. have
no hostility toward the Southern Pacific or
any of its associates. l want the railroad COM
panies to get all the land which Congress gave
them, and no more
The protests Mr. Ricketts, is preparing
relative to the lands recently grabbed by
the Southern Pacific will be ready in day
or two, and will be sent on to Washington
to take the usual course of dismissal and
appeal