The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-09-18
ANSWER TO Mr. MILLS,
Text of the Miners Reply to
His Offer to Treat With
Them.
NOT ONE DISSENTING VOICE.
II Was the Unanimous Conclusion
of the Mineral Lands
Committee.

The reply of the Miners Association to
Mr.. Mills was made yesterday, the mineral
lands committee meeting in Chairman
Ricketts, office and agreeing upon its
wording. President J. H. Neff of the asso-
citation was telegraphed to for his concur
renee draft of the document having
previously been sent to him, and he wired
back from Colfax for speedy approval of it.
There had been slight difference of
opinion between Attorneys Ricketts, and
Wright on the status of the association,
but this was easily enough settled when
they met together informally at noon.
Mr. Wright's contention was that the
proposed agreement with the railroad COM
panies was merely in the nature of modus
vivend1, both sides being bound morally by
the honor of the thing. On the other hand,
Mr.. Ricketts, felt that, apart from the obli-
cations of honor, any contract with the
railroad companies would not have much
effect unless there was power in the Miners
Association to make the agreement legally
binding. This is why Mr.. Ricketts, would
ike to see the asso citation Incorporated.
The conclusion reached, however, was
that the commit tee, being a creature of
the association, could not question the
standing of its creator; all it could do was
the work given into its hands. Conse-
quently at the afternoon meeting Mr..
Ricketts, announ ced formally that he fully
concurred in the reply as finally drawn
up. Thus it became the unanimous ex-
preston or the committee.
This is the full text of the answer to Mr..
Mills:
SAN FRANCINCo, CAL, Sept. II, 1895.
". II. Mills Esq, 0fices Southern Pacific COM
pGny San Francisco, CGt.-DEAR SIR: The Cali
fornia Miners Associa TONS COMMITTEES for the
protection OF mineral lands respectfully advise
YOU that the proposition contained in your
letter under date of Goth ult., addressed to
John NJ Wright Esq, representing this COM
mittee has been duly considered by said COM
mittee and said committee unanimously &C
cepts your said proposition provided it be
modified by the incorporation of the following
provisions:
proposed agreement shall be the California
Miners Association, and you are advised that
said association acts in the premises by this,
its COMMITTEE for the protection of mineral
lands"
Upon the other part, the parties shall be the
following named railroad companies, owning
or controlling what known as "Con-
gressional grants" of land situate within the
State of California, such grants being, as de-
fined by the statutes creating them, re-
spectiyely to wit: The Southern Pacific Com
pany. the Central Pacific Railroad Company,
the Western Pacific Railroad Company, the
California and Oregon Railroad Company, and
the Southern Pacific Railroad Company,
Second-The proposed agreement shall apply
to all the unpatented, odd-numbered sections
within the limits OF the land grants and in
demnity land grants OF said railroad COM
panies within the State of California, and not
merely 10 lands lying within six miles of any
mineral entry, claim or location.
Third-The proposed agreement shall apply
only to those protests and contests against the
patenting of said lands which have heretofore
been made or instituted and those which
might hereafter be made or instituted by or
under the auspices of the California Miners
Association as such, and shall not be held or
understood to include or apply to any contest
between said railroad companies or any of
hem and any individual claimant OF land.
Fourth-Th G two commissioners TO be selected
under the proposed agreement-the one by the
railroad companies and the other by the Cali
fornia Miners Association-shall be appointed
within thirty DAYS from and after the concur
renee of the parties in the proposed agreement
and shall examine and report upon the
character of said unpatented odd-numbered
sections OF land, by sections where the lands
have been surveyed, unless there are such diff
ferences in the situation or character of diff
ferent parts of the same section as, in the
opinion of said commissioners, to require its
classification by subdivisions, in which case
the examination and classification of every
such section shall be by twenty-acre subdi-
veyed classification shall be made by tracts of
such extent and designated by such natural
or artificial boundaries to identify them as
said commissioners may determine.
In all cases where said commissioners shall
agree as to the character of any OF the lands
embraced within any list OF selections submit
ted to them for examination their decision
shall he nnal; but in every case where they
shall disagree as to the character of the lands
within any such list, they shall have power
and it shall be their duty to appoint third
-.--lzx
deciding upon the character of those lands
within any such list the character of which
shall be so in dispute and when the character
of such disputed lands within any one list of
selection shall have been decided, thereupon
Immediately the powers and employment of
such third commissioner shall cease. In all
such cases where three commissioners shall
act the decision of any two of them shall be
final.
Fifth-The proposed agreement shall pro-
vide: That said commissioners shall classify
and report as mineral lands all lands which,
prior to their examination by said commits
siopers. shall have been located or patented as
mineral lands or which have or probably will
have, a market value by reason of the mineral
which they contain, or which show such indi-
cations of deposits OF valuable minerals as
would induce miner 10 spend his time or
money upon them, with the reasonable expec-
tation of finding mineral in paving quantities,
or which, from their geological formation
location in awell-defned mineral belt, or their
situation or property in equity, or relation
TO known mineral iaHus, are, OF prODaDly
will be, valuable for the mineral
therein; and that all these matters
shall be considered by said commissioners in
determining the mineral or non-mineral char
acter of such lands and in classifying the
same; and that where mining locations shall
have been made or patents issued for mining
ground in any section of land before its exam
ination by said commissioners such location
or patent shall be taken as prima facie evil
dence that the forty acre subdivision within
which such location or patented ground is sit
uate, is mineral land provided, said commits
sioners shall not consider the word mineral
as includingi iron or coal; and provided further,
that said commissioners shall examine and