The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-03
MILLS MODUS VIVENDL
He Responds With HIS Form
of an Agreement for
the Miners.
COMMITTEE TO ACT TODAY.
Either Benjamin or Franks May
Represent the Association
as Commissioner.

as Commissioner.
The reply of W. 81. Mills, the Central
Pacific land agent, has been formally made
to the Miners Association, and an agree
ment formulated by him providing for
joint commission to examine and pass upon
disputed lands has been sent along with
his reply to the mineral-lands committee.
In his letter to Mr.. Ricketts,, chairman of
the committee, Mr.. Mills explains his
points of divergence from the form of
agreement submitted by the committee 20
him as drafted by John NJ. Wright, and
gives the information that c. E. Uren of
Grass Valley, Nevada County. has been Sc
lected by the Central Pacific to represent
it as the commissioner of the railroad
company.
The correspondence between Mr.. Rick
etts anc Mr.. Mills speaks for itself. Mr..
Ricketts, took pains to fully set forth the
position of his committee in the following:
". II. Nails Esq, Land Agent Central Pacific
Rdttrodd Company, Cty-DEAR SIR: The CON-
M on the protection OF mineral lands OF
the california Miners Association, replying to
your favor of the Goth u1t., begs to state that
the withdrawal of the names OF the Southern
Pacific Company. the Western Pacific Railroad
company and the Southern Pacific Railroad
company from the list of parties on the one
side to the proposed arbitration" applies and
extends only to the negotiations now pending
between you, as the land agent OF said Central
Pacific Railroad Company, and said commit
tee, and no further. That all matters and pro-
eeedings now in hand or which may hereafter
arise affecting each and every other company
herein named shall not in any way be pref
diced by such withdrawal of their names from
said proposed arbitration" with the said Cen
al nj hg1f he
all times prosecuted and maintained without
reference thereto.
Before the said negotiations are closed you
will, in accordance with your request, be fur
nished with the date of the appointment of
said committee and a duly authenticated
statement of the scope of the authority vested
in the committee by the California Miners AS
A. II. RICKETTS,, Chairman.
Following was the reply of Mr.. Mills:
A. II. ricketts,, Chairman Of the Mineral Lands
Committee Of the California Miners association
DEAR SIR: Answering your late communica-
ton beg leave to submit herewith the in
closed form OF agreement as substitute for
that outlined by you. This follows your out
line closely, the chief feature of divergence be-
ing that the entertainments and concl uSions OF
the commission to be appointed shall take the
form of judicial deterlnin alton instead OF an
agreement outside of the tribunals established
by the Secretary of the Interior for determine
ZION OF the questions involved. This plan has
the advantage of being fully determined and
of having the binding force OF judicial conelu-
sion of the parties to the agreement. Should 1t
be fortunate enough to meet with approval at
the hands of your committee please sign both
copies and return one 10 me.
In the interest of expedite l beg to name
as commissioner on behalf of the Central Pa
cific Railroad Company c. Z. Uren, civil engt-
! neer, OF Grass Valley, Nevada County. In pre-
senting the name of Mr.. Uren l wish to say
that he is a mining engineer OF high attain
ments, broad experience and unimpeachable
fairness.
You will please note that the fifth subdivi-
sion of the proposition herewith submitted
provides for the subdivision of the field into
districts and the appointment OF additional
commissioners for the examination of these
districts. Subsequent appointments. will be
made as the necessities of the case demand.
san 6e sbs eon 5cH Se
receive the name of the commissioner ap-
pointed on your behalf Yours respectfully,
WILLIAM II. Mills,
Land Agent Central Pacific Railroad Company.
And the agreement as drafted by him is:
The Central Pacific Railroad Company by
William a. Mills its land agent, the first party,
and the California Miners Association. by the
undersigned, its committee for the protection
of mineral lands, the second party, have agreed
as follows:
First-That each party with, within ten days
from the date hereof, appoint reputable and
competent person. whose duty it shall be to in
spect such unpatented lands claimed bv the
first party IN California the parties hereto
may submit to them: and to testify as wit
neSseS III the proper Lana OIIlCe OF the UnlLeQ
States as to the character for valuable minerals
contained of oil the lands inspected by them,
such testimony to be given at hearings ordered
or to be ordered by the General Land officers
of the United States for the ascerta inment and
determination ofsthe character of said lands.
And herein II is agreed that the persons
so doing, present protests to the General Land
Office against the issue of patents TO the first
party conveying any lands which have been
submitted TO, inspected and ascertained By
| them be mineral in character. and the first
party hereby consents that hearings may be
ordered by the General Land officers, in pur-
suance of such protests
And herein it is further agreed that the
character of minerals of all lands submitted
TO and inspected by them shall be determined
by the testimony of such persons alone not
withstanding third persons may testify at the
same heariug.
second-That in all cases where the two per-
sons to be appointed, aforesaid, disagree as to
the character for minerals of any tract or
| tracts submitted to them they shall appoint
third reputable and competent person, who
shall have the same qualifications and duties
as the said frst-named persons, and in all such
cases no testimony shall be given nor action
be taken except by the two OF such persons
who have served, and then only in so far as
they are agreed.
Third-The first party agrees that it will, at
the request of the said persons to be appointed,
apply to select any lands submitted to them
TO the character thereof may be properly and
promptly ordered by the General Land Office;
and that it will not seek to procure the issue of
patent to it tor any of the lands submitted to
the said persons until after inspection and
action by them, as herein provided And the
second party agrees that it will facilitate in all
ways within its powers, influence and per-
suasion, and will not, by action or counte-
nance, obstruct the speedy issuance of patent
to the first party for all lands not found BY the
said persons, or by the General Land Office de-
cisions rendered in pursuance of their testi-
mony, to be essentially mineral in character
Fourth-The party of the first part will furnish
free railroad transportation for the use of each
OF the said persons wheE travelling in the per-
formance of their duties herein provided. Each
party is to pay for the services and all other
expenses of the persons which it may appoint
in pursuance hereof; and the pay for services
and expenses of the said third person to be ap-
pointed shall be furnished by the parties
here o in equal shares.
Fifth-The territories comprising such OF the
lands within the Central Pacific and California
nnd oregon land grants of the first party rs
shall be submitted to the said persons may be
subd1vided into several divisions; and all the
provisions hereof are alike applicable to each
subdivision.
Dated and signed. ................1S95