The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-09-17
MINERS READY TO REPLY
upon Certain Conditions Mr..
Mills Offer Is to Be
Accepted.
RETURN OF PRESIDENT NEFF.
Meeting to Be Held by the Mineral
Lands Committee This
Afternoon.

Now that President J. H. Neff of the
Miners Association has returned from the
East-that is, he is expected to be in Col
fax to-day-Messrs. Ricketts,, Wright,
Yale, Hoffman and Lotus, the committee
on protection of mineral lands, are about
ready to reply to the proposition of Land
Agent Mills of the Southern Pacific.
1t will be remembered that Mr.. Mills
suggested the appointment OF joint COM
mission to examine contested lands
lands selected, or to be selected, by the
railroad companies which were supposed
TO be mineral-and plainly intimated that
some amicable arrangement could be
reached provided the protests in the
United States land offices were withdrawn
and the appeals now pending in the De-
partment OF the Interior were dropped. 1t
has been generally assumed that Mr.. Mills
offer was one OF the results produced by
the vigorous fight being made by. the
Miners Association and Messrs. Ralston
and Benjamin through their attorney,
Mr.. Ricketts,, chairman OF the Mineral
Lands Committee. This offer, emanating
from the head of the railroads land de-
partment, indicated that the company had
at last found il good policy to recognize as
q power the Miners Association and to
treat with it on something like an equitable
basis
The committee subsequently met, and,
on the suggestion Of Mr.. Yale, decided to
reply to Mr.. Mills long communication
which had been addressed to Mr.. Wright,
the terms of the reply to be, briefly, that a
third Commissioner was to be chosen by
the two Joint Commissioners to settle cases
OF dispute upon which they could not reach
8 decision themselves, and that the Miners
70 bo rbI~
any protests made under its auspices and
drop the fight in the Interior Depart
ment provided the railroad company would
withdraw its contested selections from the
land offices and relinqulsh all claims to
contested lands until they had been passed
upon by the joint commission.
a meeting of the committee to agree
upon such a reply will be held at Chair
man Ricketts, office az $3.50 P. NJ. to-day,
all OF the members being now in town, and
q copy of the reply as drafted by Mr..
Wright, TO whom was delegated that work,
was sent to Mr.. Neff last night for his con-
sideration. 1t was the expressed wish of
the executive committee that Mr.. Neff
should act with the mineral lands COM
mittee.
The substance of the reply has already
been anticipated. 1t can be summed up
thus:
On the one side is to be the California Miners
Association, and on the other the Southern Pa
cifiC Company, the Central Pacific Railroad
Company, the Western Pacific Railway Com
pany and the California and oregon Railroad
Company, all OF which corporations have Con-
gressiOnal grants within this State.
The agreement is 10 apply to all lands
claimed by these cOrporai0ns-lieu lands as
well-and not only the snds lying within six
miles OF any mine or location. 1t shall not in
vOlve the withdrawal of any contest by any
individual acting independently Of the assocl-
alton.
The two commissioners are to select a third
II cases OF dispute, and each side is to bear an
ecuel share of the expense OF the commission,
the decisions 10 be final, and the examinations
and classifcations TO be based upon the actual
character OF the lands, without respect to pre-
viOus examinations, reports or classihcations
whatever.
The railroad companies are TO make the re-
InQuishments and abanconments insisted
upon, they to be final and irrevocable, and the
contest proceedings are TO be dropped by the
Miners Association. No list OF selections IS to
be made BY the railroad companies without
the lands being first examined by the commits
sion. Each side may remove a commissioner
al discretion, and so appoint his successor.
The definition of mineral lands is taken
from the Idaho-Montana act, and the
agreement provides that the decisions of the
commission shall be based upon that def
milton, and that the provisions OF the act
be made applicable generally to the work
ings of the commission.
This statutory definition is not as good
as it might be from the point OF view taken
by Messrs Ricketts, and Wright, but they
choose it because it bears the sanction of
Congress. What it amounts to is
Lands which may be assumed to be mineral
and might have market value as such in con-
seQuence-or lands which indicate their min
eTal character and would induce a miner to
spend his time or money on them-or lands
which from their geological formation or situ-
alton in some well-defned mineral belt, or
nearness to known mineral lands, might be
naturally presumed to be mineral in character
The word mineral" does not include iron and
coal.
One of the conditions of the agreement
binds both sides to it until Congress can
take legislative action. There is a hope IN
this, perhaps that a law will be passed for
this State similar to the Idaho Montana
act, and it Is believed that Congressman
Mcguire may be relied upon to see that it
goes through 1t is said that Mr.. Hunt
ington prevented the inclusion of Cali
fornia in this act by a successful lobby,
because be did not know whom President
Cleveland would choose as the Commits
sioners and was opposed to any commits
sion until he could know whether or not
he coul handle its personnel.
Chairman Ricketts, intends to bring
about the incorporation of the Miners
Association if possible. He believes it
would then have the proper legal status.
Perhaps the association will decide to in
corporate when it holds its convention
here on October IA in Pioneer fall.
Speaking of the intended reply TO Mr..
Mills and its terms of agreement Mr..
Wright said yesterday:
tits simply to put Mr.. Mills sincerity to a
supreme test. He has recognized the Miners
Association as great power in this State,
whatever its legal status as party litigant
might be at any time, and he knows that 1t has
the ability and influence, backed by the press
ana public opinion, 10 successfully guard the
interests of the people.
We propose to be fair and reasonable with
the railroad corporations. We recognize that
they have perfect right to all the agricultural
lands in their grants, and all we want to DO is
TO keep them from taking lands which do not
belong to them. The law says they snail not
select mineral lands. All We want, then, Is
some satisfactory examination OF the LANDS IN
order TO keep the railroad companies from
taking lands which do not belong 10 them.
Mr.. Mills made this proposition, ana we &C
cept it on the terms laid down-terms which
the public is already informed OF. THESE
terms are simply for the protection OF the
mining interests, all or which are centereo
here. The future will determine whether Mr..
Mills viii stand by his offer or not. He would
bind US in honor; we will see If he VIII De
honor bound. We are willing 70 presume that
he is acting in good faith.
The reply will be sent to Mr.. Mills as