The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-23
THOSE MINERAL LANDS.

In response to the letter written by the
Miners Association to the Southern Pacific
Company asking for a fuller statement of
the suggestion which Mr.. William H. Mills
of the Southern Pacific made to State
Mineralogist Crawford, Mr. Mills has set
forth his proposition at length. In effect
it is that the Central Pacific, the California
and Oregon and the Oregon and California
lines have been trying for thirty years to
secure Government patents to lands within
the granted belt; that the issuance OF
patents has been delayed by numerous
causes, principal among them being lack
of knowledge on the part of the Govern
ment concerning the character of the lands
and contests brought by persons whose
right to bring them is questionable; that
the companies are anxious to have the
whole matter settled in order that they
may be enabled to enjoy the benefits of the
grant, and that they are willing to have
the subject disposed of on the following
plan: The Miners Association and the
railroad company each are to employ an
efficient engineer, whose decision with re-
gard to any question as to whether tract
is mineral or agricultural land shall be
final, and all pending contests are to be
withdrawn.
The proposition seems to be fair so far as
it goes, but it does not appear complete as
scheme of adjustment. 1t is the SUBJ
mission of an important question to oppos-
ing forces of equal strength. There is
neither assurance nor likelihood that the
two engineers will agree in all cases, and
no determining agency is provided in case
of disagreement. That is to say the two
arbitrator are not to have third one to
cast the deciding vote. This may prove an
important consideration in view of the
fact that in many cases the geological in
dications are obscure and that each engi-
neer's decision in such case may be in
fuenced by the interests of his employer.
Hence there is possibility that many
uncertain cases will remain undetermined.
Meanwhile all contests will have been
abandoned and the railroad company will
be free to demand patents. This offers an
opening for injustice.
All parties are anxious that the whole
matter should be settled as soon as pos
sible. An experience of thirty years has
shown that the antagonistic relations of
the mining interests to the claims of the
railroad will probably prevent settlement
till the end of time on the present basis
Even should the opposing engineers agree
that this or the other piece of land
is non-mineral and should be
patented to the company, the Gov
eminent will still have the right to
exercise its own discretion and make its
own determination. In other words, while
the scheme proposed by Mr.. Mills might
effect an adjustment of the relations be-
tween the miners and the railroad COM
pany in some instances of disputed lands,
it would affect the Governments interior
ence only to the extent of its excuse for the
issuing of patents to all lands from which
the right of protest had been removed by
the miners acceptance of the railroad
company's proposition.
If some way of making the Government
a responsible party to the arbitration could
be devised the equities would seem easier
of adjustment. If, for instance, the Gov
eminent should add to the engineers ap-
pointed by the miners and the railroad
company an engineer of it's own, who
should cast the deciding vote in all lis
puted cases, the settlement might be
greatly simplified. In the absence of eff
cient work on the part of the Government
to determine the character Of the disputed
lands, the three engineers operating to-
gether could greatly reduce the Govern
ment's labors and time in arriving at an
intelligent conclusion. In any event the
suggestion that all contests be dropped
does not seem right or practicable.