The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-05-02
FAIRLY UNDER WAY.
Mineral Land Commissioners Recei
Their Instructions.

Their Instructions.
Butte, May 1.-The state mineral land
commissioners were In session again to-
day and sent a letter to Mr.. Tompldns
of the Missoula district commission nc
cepting the invitation to meet with the
government commissioners and sug-
costing Helena as the place for meet
ing and at as early a date as possible.
Until after that conference the state
commissioners will take no further ac-
ton, as the meeting will determine
what action IL necessary. ~
Both the government and state COM
missioners have been in doubt as to the
exact duties to be performed in the
classification OF the mineral lands.
These doubts have been settled by the
instructions just received from the Sec
rotary OF the interior. After the formal
reference to the act creating the COM
mission and directing the secretary Of
the boards to write out fully all pro-
ceedings and testimony taken before
the board, the instructions say: You
will at once proceed to examine and
classify the lands as provided in said
act In the following manner: You will
commence with those unsurveyed
tracts which are prima facie. non-min-
eral land. observing as nearly as prac-
ticable. a consecutive order in the ex-
animation to the end that the grants
may be adjusted In this particular as
rapidly as is consistent with accuracy.
The examination in the field shall be as
to each 40-acre subdivision, and you
will note carefully as evidence and tes-
timony offered, or facts observed. rela-
tive to each particular tract or to tracts
adjacent thereto. All said lands shall
be classified as mineral which, by rea-
son of valuable mineral deposits are
open to exploration, occupation and
purchase under the provisions of the
United States mining laws. and the
commissioners in making the classifi-
| cation hereinafter provided for, shall
| take into consideration the mineral dis
covered or developed on or adjacent to
| such lands, and the geological forma-
ton of all lands to be examined and
classified, or the lands adjacent there
| to, and the reasonable probabilities of
such land containing valuable mineral
| deposits because of its said formation.
| location or character.
From the nomination and classih-
| cation shall be eliminated all tracts for
| which United States patent has is
| sued as mineral of agriculture, hut
note shall be taken of all subdivisions
containing patented mining claims, as
| by the third section of the act the re-
| naming portions are declared to be
| prima facie mineral and must be class
| flied as such, unless the character thus
impressed upon them is disproven by
| testimony or otherwise. Whenever you
are in doubt a to proper classification
of any particular tracts of land, you
| may avail yourselves of such evidence
| as may be accessible to you, or sum
| mon or take the testimony of such wit
| nesses as you may deem necessary
Il A l. - Il. a. n.
| this is final determination of the
character of the lands, as far as the
| commissioners are concerned, the va
/ rious boards should freely avail them
selves of all testimony, formal or in
| formal, likely to aid them in making
an accurate classification. as a fair
| and reasonable classification Will rem
der improbable much vexatious and
| expensive litigation under the fifth and
| succeeding sections of the act. The
| examination should be made as rapid
| ly as is compatible with thoroughness,
and all obviously irrelevant testimony
| should be vigorously excluded. After
examination has been made and all i'm
| formation required has been obtained
| classification shall be made and the
| minutes of the board containing the
| decisions as to the conclusions reached
| shall state that the lands classified are
| examined by legal subdivisions (where
| the lands have been surveyed and
where unsurveyed by tracts of such
| extent and designated by such natural
| or artificial boundaries to identity them
as the commissioners may determine),
/ and give the area thereof. In making
/ this classification certain definite re-
| quirements of the act not already no
/ ted must be observed. The word min
| eraT as used in the act shall not be
| held to include coal and iron. The
classification shall be made without
| reference to any previous examination
| or report or classification. On or be-
| fore the fifth day of each month you
| will file with the register and receiver
| of the land Office in which the land ex-
i amined and classified is situated a
| full report in duplicate. Immediate
| ly upon the filing of said report the
/ register and receiver Will forward the
duplicate direct to the secretary of the
i interior. and thereupon publish in two
/ newspapers, one of general circulation
in the county in which the land class
| flied is located and the other published
| at the capital city of the state, al
| least once a week for four consecutive
weeks IL in a weekly paper, which will
/ require five insertions In a weekly pa
per, or for 80 days in a daily paper,
notice of the classification shown. by
/ said report filed by the commissioners
| 1T being contemplated that the
| classification proceed to CONCLUSION
| as soon as pfactcaDle, tne tlne loi
| filing appeal from the decision of the
| register and receiver. upon testimony
| submitted on said protests, Is limited
to 10 days. and from the decision OF
| the commissioner of the general LAND
| office to 20 days. the usual additional
time being allowed for service. IL be
ing provided by the sixth section of the
act that the unsuccessful party on fina
decision shall pay all the costs of such
hearing. the registers and receivers viii
require from each litigant prelim
| mary deposit of a sum of money suffi
cient to cover the whole costs properly
chargeable. of which gross amount any
excess over double the costs of the
hearing shall be returned to the. re
spective parties Immediately upon the
conclusion of the hearing, one-half the
sum then remaining be refunded to the
party Immediately upon official notice
being received at the local land offics
of the final determination of the con