The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-19
MUST MAKE A PROTEST
Untenable Land Classification in
Silver Bow County.
NO NOTICE OF 1T GIVEN
No One Knew of the Coming or Going
of the Mineral Land Commission
and the Northern Pacific Agent
Who Selected the Lands.

one in Silver Bow county seems tc
| know, the mineral land commissioners,
accompanied by an agent of the North
ern Pacific railroad, came to Butte and
made a classification of land in this
county under the Northern Pacific
grant. No intmation of the coming or
presence of the commissioners was
| given and the first notice the people had
was after the classification had been
| made. the commissioners had departed,
and the first publication of the notice,
| giving the land classified as non min
eial, was made in Butte paper. The
result is that many persons in Silver
| Bow county Will be put to the trouble
| and expense of entering protests
| against many of the classlicatIons, as
| there are numbers of instances where
| mineral land locations, upon which ex-
| tensive developments have been made,
were classified as agricultural or nom
mineral land. Attorney +. Is. How ell
has prepared a map of the county,
showing the land classified as non-min-
cral, according to the notice of the reg
lister of the Helena land Office, as pup
lfshed in the Butte paper. 1t shows that
the lands classined as non-mlneral in
clude practically all of the odd num-
bered sections in Summit valley and
south and west of the Timbered butte
They include nearly all the odd num-
bered sections between Feeley's Station
and Silver Bow junction. and between
Silver Bow Junction and Stuart and
the odd numbered sections along the
lower course of Browns gulch
There has always been a controversy
between the people of Montana and the
Northern Pacific railroad as to what
constitutes mineral lands within the
meaning of the act of congress. In or
der that the lands OF the Northern Pa
Fas in Mo-,
discretion and with due reference to the
rights of the government and of the
people of Montana, congress passed a
law on Feb. rs, 1895, entitled An act to
provide for the examination and ciassi-
hcafion OF certain mineral lands in the
states of Montana and Idaho" This
act provided for the appointment of d
commission in each land district, CON
sistins OF three persons. one of whom
was To be a resident of the district and
practical miner. These persons were
to examine and classify as mineral or
nom mineral all odd numbered sections
within the limits of the Northern Pacific
grant and such lands within the in
demnity limits of the grant as should
be selected by the Northern Pacific rail-
ICad.
The report Of the lands classified by
them was to be filed in the Office of the
register and receiver of the local LAND
each month. The law further provides
-as follows: :
"uron receipt of such report the regis
ter of the land office shall. at the ex-
pense OF the United States cause 10 he
published in Il newspaper of general cir
Culatlon in the county in which the land
IS located, and in one newspaper pub
llshed at the capital city of the state in
winch the lands may be situated az
least once a week for four consecutive
weeks, notice Of the classification of
lands as shown by said report and any
lerson, corporation, or company feelin. /
aggrieved by such classification may, at +
any time within 90 days after the first /
publication of said notice file with tho
register and receiver of the land office {
a verified protest against the acceptance .
OF said classification, which protest shah /
set forth in concise language the
grounds of objection to the classical
ton as to the particular land in said
protest described. whereupon a hearing
snail be ordered by, and conducted be-
Tore the said register and receiver un-
der rules and regulations as near as
III conformity with the rules
and regulations as such land office in
contests involving the mineral or nom
mineral character OF land in other cases
ana an appeal from the decision of the
egister and receiver shall be allowed
o the commissioner of the general land
'fflce and the secretary of the interior.
inder such rules and regulations as the
secretary of the interior may provide
crowded, that at such hearings the
jnlted States shall be represented and
defended by the United States district
lttorney or his assistants for the judi
al district in which the land is situat- .
a, unless the secretary of the interior
nan detail some proper officer of the
department. OF the interior for that pur-
'ose.
There is no doubt that in addition to |
ne lands we'll known to be mineral
here are many other mining claims
pom the sections classified as non-min-
raj, and 1t is important that those who |,
ave mining claims in the vicinity of the
dd-numbered sections that they should | !
ascertain with certainty
ihether their claims are upon any of :
hese sections or not. If they are on +,
UGH classified sections the claimant !.
lust enter protest in the manner pro-
ided by the law, before the expiration !
90 days from the date of the first
ubl1cation of the notice, which APP
cared on Jan. II. or the lands classified
: non-mineral viii thereupon become
ne property of the Northern Pacific :,
abroad, and the title cannot be set !,
side except on proof of fraud, which !,
course could not be shown. !,
On the fiat south of the city all the =
ID numbered sections from Butte along =
he foothills cut to Lyndale have been :
assified as mineral across the =
alley TO Timbered butte and a number =
sections south and west of the butte. -
ne section on top of the butte is CLASH
ad as mineral. On some of the nom
ineral sections good quartz veins are
nown to exist and for some patents
ere applied for long ago and the par L
es, who are about to make their min y
al entries and prove up. will now run u
, against the classification and mus. II
tier protest and prove the mineral 9
of the ground d
1t has been suggested that the county Z
enter a general protest u
IT seems to be matter Of interest 10 "
e whole county. but there is a cues
IN whether such an action would he
asible or valid
G
Consult DR. T. G. Heine. the eye. ear, L