The record-union., 1895-12-14
MINERAL OR NON MINERAL.
Draft of a Bill to be Presented to
Congress.
The Executive. Committee of the Min.
ers' Association Decide What
They VIII ASK.

The Executive Committee of the State
Miners Association has been in session
in San Francisco this week preparing
a bill which it is proposed to ask Con-
Sress to pass, providing a method OF
determining whether land in the rail-
road grants are mineral or non-min-
eral. After full discussion and consid-
GRAFTON the following was agreed upon:
Section l. That the Secretary of the
Interior be, and he hereby is, author
lied and directed, as speedily as prac-
ficable, to ascertain and determine the
character, whether mineral or nom
mineral Of all the surveyed odd-num-
bered sections Of unpatented land in
California lying within the primary
and indemnity limits of the grants
made by Congress on July l, 1867, and
July ,, 1864, to the Central Pacific Rail
road Company of California and the
Western Pacific Railroad Company; on
July %, 1866, to the California and Ore
gon Railroad Company, and on July u,
1856, and March 3, 1871, to the South
ern Pacific Railroad Company, in the
manner hereinafter provided.
Section 2. AS soon as practicable the
Secretary of the Interior shall publish
a notice containing list of all the
lands hereinbefore mentioned, de-
forming all persons that they may,
within thirty days after the completion
of the publication of such notice, file
with the Register and Receiver Of the
land district wherein such land may
be situated, a protest against the pat
enting of any of such land to the rail-
road company within the limits of
whose grant such land may be. Said
notice shall be published at least once
a week for period of sixty days in
some newspaper of general circulation,
to be designated by the Secretary of the
Interior, in each county wherein are
situated any of the lands above men
toned; but such notice need not be
published in any county wherein there
is not published newspaper of general
circulation. Such notice shall also,
during said period of publication, be
posted in a conspicuous place in the
Land Office for each land district
wherein any of such lands are situated.
Section 3. During the period of such
publication of said notice, or within
thirty days thereafter, any person may
file with the Register and Receiver a
verified protest against the patenting
of any of the lands described therein,
which protest must particularly de-
scribe the lands protested by legal sub
divisions, and must set forth the nature
and extent of the lands known or be-
lieved to be valuable for the mineral
therein contained; and must fully set
forth in detail the facts upon which
such knowledge or belief is founded, to-
gether with the names and Postoffice
addresses of any persons claiming, or
interested in, such mineral lands, If
known to the contestant.
Section f. That at the expiration of
the period above limited for the filing
OF protests, the Register and Receiver
,1,,Txy fnd n
all protests filed to the Secretary Of the
Interior, who shall thereupon suspend
the issuance of patents as to all lands
against which protests have been filed
in time manner and substance as In
the last preceding section provided.
And no lands so suspended shall be
patented to any railroad company I'M
til, If at all, after the non-mineral char
acter thereof shall have been estab-
lished by a preponderance of proof in
the manner hereinafter provided
Section 5. AS soon as practicable
after receiving such protests the Sec
Rotary Of the Interior shall cause hear
ings to be held before the Registers
and Receivers of the proper local Land
Offices as to the mineral or non-min-
eral character of all the lands as to
which the issuance of patents has been
suspended in accordance with Section
of this Act. Notice Of such hearings
shall be served on each protestant and
shall also be published at least once a
week for four successive weeks in some
paper of general circulation, to be des-
ignated by the Secretary of the Int
rior, in each county wherein are stu
ated any of the lands affected by such
notice, but such notice need not be pub
lished in any county wherein there is
not published a newspaper of general
circulation. Such notice shall also, dur
ing the period of its publication, be
posted in conspicuous place in the
Land Office wherein such hearing is to
be had For the purpose Of facil-
itating the hearings herein provided
for the President of the United States
shall appoint an attorney, residing in
the land district in which the hearing
is to be had, to appear and maintain
the mineral character Of the lands sub
ject to the hearing, and all final decis-
ions rendered in pursuance of such
hearings shall be forever conclusive.
And the President of the United States
shall also appoint three Commissioners
in each land district in which any lands
covered by approved protests are stu
ated, each Of whom shall be a resident