The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-22
MR. MILLS DIPLOMACY.
How He Would Like the
Mineral Lands Contro-
verSy Settled.
A VERY SUGGESTIVE LETTER.
Naively Proposes That the Miners
Association Drop the Legal
Fight.

Land Agent w. A. Mills of the Southern
Pacific has answered the communication
of John NJ. Wright of the Miners Associa-
ton in his characteristic manner.
1t is lengthy document which Mr.
Mills has INDUCED in, and recalls the Tai
leyrand idea that Language was made to
conceal thought" Mr.. Mills does great
deal of concealing.
He also does a great deal of suggesting.
1t is sort of diplomatic move on the part
of the railroad company-an attempt to
'.feeP' the intentions OF the association and
to draw them out.
Summed up it amounts to simply this ::
The Southern Pacific is ready to appoint
an expert to act jointly with like expert
of the association, provided the decision
they reach on the character of lands,
whether mineral or agricultural, is to be
accepted as final; and provided further,
the legal fight through the Department of
the Interior is abandoned. The two clos
ing paragraphs OF Mr.. Mills answer are
the ones worth reading to properly under
stand the Southern Pacific's position.
Mr.. Mills in the body of his letter also
insinuates that the atlantis, whose affi-
davits have been taken to support the con-
tentions of the association, have been
'trifing with the gravity of an OATH" and
the tactics of Attorney Ricketts, are sweep
ingly pronounced by him policy of mere
obstruction.
The members of the Miners Association
| who are lawyers, namely, Messrs. Wright
and Ricketts,, are very cautious about COM
menting upon Mr.. Mills letter, particu-
larly Mr.. Wright, who took a determined
stand yesterday afternoon after receiving
Mr.. Mills communication, to "make no
being a Knight Templar, has gone on to
| Boston. Other members think it is easy to
| see through the scheme of the Southern
| Pacific to any one who can read between
| the lines, the scheme being, they say, to
wit: The appointment of the joint expert
| commission with its correlative of the
abandonment of the legal fight through
the Law Department the Interior Depart
ment and the courts, and the possib BILE
| logical result that the railroad will try to
control the said joint commission. AT the
outset the Southern Pacific, through Mr..
| Mills, offered to provide free transportation.
A meeting OF the committee of five of
| the Miners Association, viz: A. H.
| Ricketts,, E. C. Lotus, c. F. Hoffman,
Charles G.. Yale and john M. Wright
| President J. III. Neff acting with them
will be called by Chairman Ricketts, at as
early date as the members can all be
brought together, he says, to take up and
consider Mr.. Mills communicate Fol-
lowing is his letter to Mr.. Wright:
| Dear Sir: have before me your esteemed
| favor of August 20, and have noted its con-
| tents with care. The act granting lands in aid
| of the construction OF a railroad and telegraph
| line from the Missouri River to the Pacific
Ocean excepted from its operation mineral
lands. like exception also relates to the
1 a. ERlsf ID
Company and to the Oregon and California
Railroad Company, which have their termini
at Rosevllle in California and Portland in
Oregon.
The rules of practice by which evidence is
adduced in reaching determination by the
| land officers of the Government as to whether
| the lands are non-nineral and therefore
granted, or as to whether they are mineral and
| therefore within the exception to the grant,
| have been exceedingly onerous to the railroad
| company. These rules, are, portable in their
nature, being formulated ana issued by
authority of the Department of the Interior.
Each new administration finds it necessary to
| revise and change these rules, and each sue
ceeding change has added something in the
way OF more onerous conditions. Beyond this,
| the ordinary methods which have been en-
| ployed in the determination of these questions
| have been slow and tedious, as well as eXpen-
| she to both sides of the contest.
| It has appeared TO me-and expressed this
| view to Mr.. Crawford, State NEUTRALITY-SUSPICIOUS.
! it is highly desirable that the parties to this
contest should promote q more expeditions
settlement OF the matters in controversy, re-
lating to the mineral 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 secure
change or modification of the rules established
by the land officers of the Government. These
rules appear to have been established with ref
erence 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
ans 81 fri cfi
lations 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 of cost to the railroads and those
who contend for the mineral character of the
lands. The final determination of all ques-
tons affecting title to land and the repose of
titles is promotive of the settlement and
growth of country.
1t is now thirty-two years since the date of
the first granting act. But the features of the
controversy to-day present the same aspect of
thirty years ago. The obscurity of proof is in q
measure responsible for this obstruction and
delay.
1t has appeared to me that by concurrent
action of the parties to this contest, prelim-
mary by tS
upon the formation OF an association repre-
senting the mining interests of the State who
might act as parties of the other part in secur-
ing speedy adjustment and settlement of
these questions. The suggestion outlined in
your letter appears to be feasible. An expert
appointed by each party to the contest may
make an examination OF lands to which allega-
lions of mineral may have attached, or which
by their contiguity to known mines possess
presumptive evidence of mineral character,
the concurrent report of experts representing
contendlng interests to be made the basis of
| adjustment in any trial had before the land
officers OF the Government 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 representatives OF the min
ing interests, and will cheerfuily abide by the
joint conclusions of the parties after due ex-
animation 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 are made in odd numbered sections
within the known mineral regions of the grant.
1t is, or at least should be, well known to you
as representatives of the mining interests of
the State that the Central Pacific 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 ndubitable
Il