The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1895-10-15

ties to the agreement to hamper the COM
mission by any attempt OF formulation OF
elaborate rules of determination. Beside
they are to give testimony under oath
and should be at liberty to establish such
rules of determination as are best calcu-
lated TO facilitate their work and to reach
Just conclusions.
The underlying idea OF all propositions
emanatlng from the railroad company has
been that these witnesses were to testify
in the quasi judicial tribunals established
by the Government for the determina-
ton of these questions. The Land Office
itself reaches determination OF the facts
adduced by testimony. They are TO test
| lily, therefore, only as to facts and not as
to the Interpretation of those facts. There
| is, therefore, no necessity for rules OF de-
termination as to the facts as they actu-
ally exist. The disagreement between US
In this instance arises out of the differ
ence of conception of the office TO be per-
formed by this commission. On our part,
we have contemplated q commission to
! produce expert testimony before judi
| clal tribunal, having the right of determl-
nation, and this in order that whatever IS
determined shall remain undisturbed.
Apparently, on your part. you have con-
! tenpIated commission with final pow
ers Of determination. and you have asked
that the railroad company shall be
bound by it's determinations if it nnds
the land to Dc mineral. but that no party
shall be bound by its conclusions il 1t
! finds it to be non-mineral.
In your fourth criticism you say:
~ on propose no satisfactory DISPOSE
ton of the pending protest, which it is
the purpose of this committee to main
tain and prosecute to final determination
in due course or until your company
shall have entered into some agreement
with this committee providing for the
REIMBURSEMENT of the mineral lands af-
fected thereby"
Ii should be obvious to you that the
lands covered by protests referred TO il
the above embrace very large percent
age OF all the lands about which there is
any possibility or controversy. l have
supposed that, IN spirit OF fairness, a
new method was 10 take the place of the
old, and that the committee for the pro-
lection of mineral lands. having the right
under the form OF adjustment submitted
TO 1t, would be only too glad to submit
the lands which 1t had itself declared 10
be mineral to the examination OF this eX-
pert commission. Your statement that
you propose to prosecute to final deter
minatlon. or until the company | repre-
sent shall enter into an agreement 10 re-
linQulsh the land, simply means that you
do not propose that more than half of the
land about which there eau be any con-
troversy shall be subject to examination
by the commission.
am disposed 10 think, in view Of this
presentation, that you will be- ready 10
concede that the proposition submitted to
you covers the ground completely, and
that the points OF your criticism are in no
| respect we'll taken; and it is therefore
hereby resubmitted. | am also disposed
to think that by thoughtful reconsider
alton OF the matter you Will be able to
perceive the adequacy and fairness of the
proposition as originally presented by me.
The proposition | had the honor to sub
init was accompanied with the name of
the gentleman who would act on benaif
OF Inc railroad company as a mem Der of
this commission. Through statements
which you have caused to be made pub
lie OF the transactions of your body. I
learn That you have made selection OF a
person to act on your behalf, and that
you have secured a confirmation Of this
appointment by the Executive Commit
tee OF the State Miners Association.
respectfully call your attention to the
omission Of his name in the commuuica-
ton to which this is an answer. If the
reports OF the name you have selected to
act on your behalf as an unbiased arbi-
traitor are TO be credited, beg to call your
attention to the fact that the name is to
oe the same as that signed to affidsvits
alleging the mineral character OF at least
United to the commission for examina-
ton and report as to its physica condi-
ton. Ii your selection OF an arbitrator
is Identical with the af1iant. who has AL
ready made affidavit as TO the mineral
character of the large bodies of the land
subject to the proposed examination. it is
10 be presumed that he has already ex-
amlned the land, has reached a concIu-
sion regarding its physical condition and
has declared his conclusion in the form
OF afhdav1ts. The omission of his name
from your communication, however.
raises question as to the reliability or
accuracy OF the published statements in
this relation.
Assuring you Of my earnest desire 10
secure speedy submission of all matters
IN controversy relating To the mineral or
non-mlneral character of the land within
the land grants of the company [ repre-
sent to competent and i'm partial com
mission, have the honor to remain.
yours truly, VIM. II. MILLS.