The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-07
Funds Are Needed to Enable
the Association to Garry
1t On.
PECUL lar LAND PRACTICES
Protests Against the Railroad Grabs
Go to Secretary Smith on
Appeal.

raising funds, 1t is hoped, will begin to as
sumo more encouraging aspect.
AT the last meeting of the committee
some pretty plainly worded resolutions
were adopted, criticizing the county as
sociations for their lack of financial sup
port. They wound up by telling the
county associations that no annual con-
Yentlon would be called this year unless
funds were forthcoming. This particular
resolution read thus:
ResolUed, That the county associations be in
formed that unless the necessary FUNDS De
forthcoming without again calling on the citl-
Zens of San Francisco, and unless proper actlVe
interest is shown by said association, the exec
utive committee will decline to take steps TO
call the usual annual miners convention tils
year, since il will involve an expense Tor
which the committee will be responsible ana
may be unable 10 meet Moreover, II Is a use
less waste OF time for the miners to hold their
convention, pass resolutions and issue 1nstruc-
lions unless they also PROVIDE the necessary
FUNDS TO carry them out; ms they seem TO
decline or neglect 10 do, leaving the executive
committee in position in which they will no
longer continue.
Since then copies of these resolutions.
together with a report from Chairman I.
L. Ford of the committee on legislation,
showing the work accomplished through
the State Legislature and Congress, and
another from Chairman A. H. Ricketts, of
the committee on protection of mineral
lands, showing the status of the protests
made to the Land Department, have been
sent out TO the various county associa-
tons. What the effect will be remains to
be seen.
In Mr.. Ford's summary of legislation the
two acts passed by the Legislature previous
to the appointment of his committee last
November were enumerated and also the
"Caminetti act, passed by Congress- One
OF the State acts provided for the carrying
on of hydraulic mining in this State when
uh
navigabe streams or adjacent lands, and
the other was supplementary, and appro-
priated a quarter of a million dollars for
the construction of restraining works for
the impouading of mining debris, depend
ent, however, upon a like appropriation
by the Federal Government.
The Caminetti act contemplated some
such appropriation, but none has been
made yet. The committee, however, has
drafted two bills for introduction into the
next Congress, the first being for an
appropriation to supplement the Cam
inetti act and the second aiming at
more reliable means OF asCertaining the
character Of the lands, as to whether
mineral or agricultural, than is the vogue
st present. The California Congressional
delegation has been communicated with
by Mr. Ford, who has urged the members
to do their utmost when the time comes to
put through these two bills.
Two bills were passed by the last Legis-
lature. One limits the time a preliminary
injunction could be in force to one year,
and the other permits appeals from iudg-
ments and orders.
President J. H. Neff, Secretary W. c.
-Ralston and Messrs Ford and Ricketts, are
of the opinion that the Miners Assocla
ton should make the most strenuous eff
forts to secure the passage by Congress OF
the two bills now proposed. The object OF
the one relating to lands is to transfer from
the land offices to the local courts the de-
termination of all controversies over the
character of lands. Mr.. Ricketts, report
comes in, therefore, very appropriately.
His committee has caused protests to be
made on railroad sections in this State
amounting to 100000 acres altogether, in
the Sacramento, Independence, Mays
Vile, Redding, Visalia,' Los Angeles and
San Francisco land districts. As each of
these protests is dismissed by the Commits
sioner of the General Land Office an ap-
peal is taken to the Secretary of the Inte-
rior. Should Secretary Hoke Smith decide
them adversely the intention is to go to
the courts, which course would have the
effect of sqspending the patents for these
lands until Congress meets in December
Talking of the matter yesterday Mr..
Ricketts, said:
President Cleveland promised me when I
went to Washington for the association that if,
, in bis opinion, 1t became necessary TO suspend
panies he would make such order. He also
Promised to refer the matter TO the Secretary of
the Interior, which he did next day. The most
direct result OF those promises now apparent Is
that no patents have been issued to the rail-
road companies for lands which have been
made the subject of protest by the association.
Furthermore, all protestants are now given
due notice OF the particular action of the Land
Department in their cases whether the same
be favorable or not-something quite contrary
to its practice previous to the Presidents
action.
The rules of the Land Department have been
very arbitrary, and in their practical workings
decidedly more favorable to the railroad com
paDies than to the miners in this respect that
they provide that all lands lying beyond
radius of six miles from any mineral entry,
claim or location should be patented TO & rail-
road company, upon its filing a list of selec-
tions embracing such lands, without publica-
ton or notice TO those having possessory ad-
verse claims. They also provide that IN the
case of lands lying inside such radius they
should be deemed agricultural and patented
to the railroad companies unless, during the
sixty days period of newspaper publication,
contest or protest proceedings be initiated in
the local land Office to prove the land more
valuable for mineral than agricultural pur-
poses
OF course there is no protection in this prac-
t1ce against large areas OF the pubic domain
falling into the hands of the corporations, not
withstanding they were expressly excluded by
acts of Congress from their grants
One of the most Objectionable features OF
these rules is the fact that the determination
Of the character of these lands is largely left
to the hearsay afidavits of the railroad com
pany's land agents, who are not called upon TO
have anv knowledge of the facts embraced in
such affidavits, nor to have any belief on their
part as to the statements contained.
The practice OF the Land Department in
shifting the responsibility of the classification
of these lands on to the railroad company is
purely illegal, and serves to divest the Govern
merft of its title to valuable mineral deposits.
II this method is continued it will involve
100000 acres of land in this State alone,
taking the estimate of the Land Department
itself. and viii prevent the exploitatiolaof this
land by the prospector and miner, and thereby
diminish the chances Of discovering new and
rich mines.
So you see the question does not affect the
miner alone. 1t is of vital concern TO the
whole people of the State, for the more miners
are restricted the less chanceis there OF discov-
ering new mines, and thus the possible produc-
ton OF precious metals is kept down. The
interests of the entire State are at stake Inc Inc
gold belt of California embraces about 1900
square miles.
The 200 900 acres patented to the railroad