The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-11-06
THE CONTEST.
The y. +. Protests Against the Land Com
missfoners' Decision.

misstoners' Decision.
Missoula, Nov. 5.-The first contest
filed by the Northern Pacific Railway
company against the decision of the
mineral hand commissioners of the
AlisSOula district was made July Is.
This contest was dismissed by the local
land officials as the contestants had not
complied with the regulations which
govern cases of this kind. There had
been up 90 that time no Interpretation
of the regulations by the department
OF the interior and, while the decision
of Register Evans and Receiver Muir
ply has been sustained, the department
has ordered that the contest be rein
stated, that the railway company may
nave an opportunity TO comply wish
the regulations. Register Evans has
therefore made the following order,
setting the hearing for Dec. 49, when
the nature of the land in question will
be determined:
ION June 4, 1895. the board of mineral
land commissioners for the Missoula
land district filed in this office report
wherein, among other land. the follow
ing was classified as mineral:
The ma n19, sell neA, swk SEX, sec.
3, neA neA sec. IL. TIP. u n. r. 10 W.;
and the swk SEX sec. J. ma nek. swA
neh, nwlA SEX, and VIA sec. 13. nwA
sec. 20, tp, Is n, r. 10 w.
''On July -. 1895, the Northern Pacific
Railroad company filed in this Office a
protest against the acceptance of said
report insofar as 1t relates to the land
above described. alleging. among other
things, chat the same is non-mineral.
Now, therefore. with a view of de-
.ermining the real character of the
land here involved, a hearing is called,
and the parties are summoned to APP
pear before the register and receiver
OF the United States land office at Mis-
soula, Montana, on the 18th day of De-
llaar - 81
then and there submit testimony rela-
tive to the allegations set forth in said
protest; and the testimony then and
there taken viii be used as the basis OF
a decision to be rendered by this office
Immediately upon the completion of
the taking of said testimony, or as
soon thereafter as the business of the
office will permit.
John NJ. Evans.
Register"
The land involved in this contest was
almost the first examined by the board
and includes the section al the base Of
Mount Jumbo on the east side: some
and in Miller creek canyon; and a tract
adjoining Otto Quast's ranch on the
RattlesnalNe. Under the strict construc-
ton of the rules of the depar tment, this
land is mineral, as there are unques-
t.onable signs of mineral on every sub
division which the commissioners have
classified as mineral land. There is no
proof, however. that the land in ques-
ton yor much of II. can be worked for
its mineral with profit. Upon this ques-
tion II is probable that the decision of
the land officials win depend.
The Indications are shat there will be
numerous contests of this nature filed
by the railway company. There are
now In the Missoula land office 10 pro-
tests and, from the nature of these. 4
is evident that many more will follow.
Some Of the protests filed involve land
OF great value and importance, and up
on the construction which the land de-
partment places upon the rules for
classification depends ohe benefit OF TIE
existence of the mineral land commits
sion.