The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-29
railroad company to task for certain mis-
statements, thus:

merely been to ascertain in definite form in
writing as to whether the railroad company
cared TO stand by the proposition, and our duty
is now TO ascertain whether that proposition
arises out OF spirit of fairmindedness in Mr..
Mills or whether the railroad company has
begun TO think after all that there may be
something in this controversy.
have been somewhat astonished in reading
the letter OF Mr.. Mills in finding that he has
seen mt 10 assall the action of certain represen-
tatiVes OF the Miners Association
He deprecates what he calls the filing of aft
dayltS on their part and their being willing
10 trlte with the gravity OF an oath in alleging
the mineral character of extensive regions of
knowledge.
Now, Mr.. Chairman, it is conceive, unfortu-
nate that one party to negotiation should be-
gin by accusing the other side of perjury,
either by directly or implicitly accusing the
other side OF perjury. We have no such
charges to make
1t is not our business TO defend these gentle
men (Mr. Benjamin and Mr.. Ralston) who have
mace these atfidavits, but ii would have been
more becoming if Mr.. Mills had waited until
some one of these contests could have been
heard. The merits of these affidavits you have
shown.
L make no charge but it has come to the
knowledge OF this committee that charges
nave been made in many portions OF this state,
10 the effect that agents of the railroad COM
pany have sworn very recklessly in support
OF the claims of the railroad company to large
areas OF land. Whether such charges have
not know, but the high moral stand which he
hasitaken warrants me in supposing that II
they have, he, as the representative of its land
f fsPsTmen win make nds aFe hat ins s9y
claims of the railroad company are
based upon false fraudulent or questionable
afhdavits, they will be stricken from the hles
OF his department., and should expect further,
that II 1t should transpire to the knoWiedge OF
the officers of the railroad company that
patents have been issued upon the assertions
froT r911l NJ
the lands granted under those patents VIII pc
relinquished TO the Government OF the United
States
The high moral tone that has been adopted
by Mr.. Mills in his letter to this committee
leads me to believe that such will be the course
of the department under his control.
The best policy, thought Mr.. Wright,
under the circumstances was to meet the
railroad company in spirit OF simple talr-
ness and put test to its sincerity by offer
ing some notifications of its proposition
in the reply to Mr.. Mills. The committee
had full power to act for the association,
and any action it might take would be
binding.
He was not satisfied, though. with the
idea of having commission consisting OF
only two experts. He would favor some
such arrangement by which the two could
select third in cases OF dispute.
As TO the idea of dropping the legal
| fight, he did not think any member of the
committee should favor that. II the rail-
road company would first reiinquish all its
questionable selections the committee
might be willing to drop the legal
proceedings. Seeing that there was no
| provision in law for any such COM
mission the miners would nave 70 De
careful not to throw away any OF the
advantages in the controversy they had
| secured. because the determination of the
commission as to the character OF the
! lands would be no more than mere prima
| facie evidence and not conclusive. The
final and conclusive determination would
| still be left with the Land Department of
| the Government
Congress, he believed, might in time be
relied upon to provide some adequate ma
chinery for properly ascertaining the
character of the lands, and he expressed
great confidence in Congressman Mcguire.
Mr.. Wright said the criticisms of the news
papers in pointing out the objections to
MIR. Mills letter were all correct. He con-
Guided:
Mr.. Mills proposition is that all the methods
of ascertalnment other than the one he pro-
poses be done away with. But let US suppose
q case. Suppose this commission was working
one on some supplemental lists OF lands, and
its labor was not completed, and we knew that
there were large tracts of mineral land in
volved would it be wise, prudent or reasonable
for TO not file protests 10 prevent the patent
process
Mr.. Hoffman-None, unless the railroad
would withdraw its lists.
Mr.. Wright-If It would withdraw its lists
we would withdraw our protests to the Land
Department
views would suggest that we prepare reply
TO Mr.. Mills, brief, busineSs-like and without
rhetorical display or historical "Reminiscences.
/ do not believe the miners viii be willing to
throw away any advantages they have already
gained in the proceedings now pending.
Mr.. Yale expressed the opinion that the
closing paragraph of Mr.. Mills letter
would lead one to believe that that gentle
man was insincere. He would be willing,
if the railroad would withdraw its selec-
tons of land, to have the protests with
drawn, but did not propose that the
miners should stop and the railroad go
ahead.
Mr.. Wright explained that it was simply
a fight for the mining interests OF the
State and not an anti-railroad movement,
and Mr.. Yale spoke in the same vein.
Mr.. Ricketts, was in favor of having
full plan formulated along with the modi-
fications of Mr.. Mills proposition and sent
to that gentleman-a plan that would con-
template having the provisions of the
idaho and Montana act made applicable to
this State in the agreement between the
association and the railroad company and
that such plan be offered as the associa-
tons ultimatum. He quoted sections 3
and of that act.
Finally Mr.. Yale offered the following,
which was carried unanimously:
move that the committee-that is, such
members of it as are in town and can get to-
gether-formulate a reply to Mr.. Mills that
1t Is the sense of this meeting that this COM
Inittee decline the proposition to have only two
Commissioners, desiring three, and also that
this committee decline the proposition TO with
draw its protests unless the railroad company
win first withdraw its selections until after
said commission shall have acted.
The call for the fourth annual conven-
ton OF the California Miners Association
has just been formally issued. The con-
vention is to meet in Pioneer Hall, on
Fourth street, near Market, on Monday,
October IA.
The controversy with the railroad COM
pany will be then fully discussed, and the
proposed new legislation to be urged upon
Congress will be considered.
One important piece of legislation pro-
posed is the amendment to Section 1886 of
| the Revised Statutes to take the determi-
nation of land controversies out of the Land
Department, and transfer them to local
courts of competent jurisdiction.
Another is the. asking of an appropria-
ton OF $l,030,000 for the construction of
in0DOundinQ dams