The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-04-03

the Uncompahgre NEUTRALITY-SUSPICIOUS.,
question has arisen as to whether a
person who locates a tract of land in
that portion of the reserve opened to
settlement on April l. may obtain title
to his claim if gilsonite or kindred min
erals should be discovered thereon af-
ter date of settlement. The Herald
has propounded the query to several
persons, who are deemed to be well in
formed on the subject, but a slight di-
versity of opinion exists as to the
effect of the law under the conditions
named.
A REASONABLE OPINION.
The language used in the act is to the
| effect that all lands of the UncOmpah-
gre reservation not allotted in several
ty to the Indians before April 1, 1898,
shall, on that date. be open for loca-
tion and entry under all the land laws
of the United States, excepting, how
ever therefrom all lands containing gill
sonite. asphalt, elaterite or other like
| substances, the title to which is re-
served to the United States. From the
wording of the law and his knowledge
of the evident intent of congress and
the administration in the premises, Sec
| rotary of State Hammond has formed
| the opinion that settlers will be denied
1.-THE privilege of acquiring government
| title to farming or grazing lands upon
which, subsequently. discoveries are
| made of substances of the gilsonite or
asphalt species. Secretary Hammond
| states that a geological survey was
made of the reservation. and in addi-
ton the lands We're sectioniZed, so that
/ the known veins or deposits of these
| mineral substances have been marked
| and designated for exception from en-
/ try under existing laws. The author1-
ties at Washington have favored leas-
| ing such lands. However, the secre-
tary's knowledge of the activity of the
ST. Louis Gilsonite Asphaltum company
in caring for it's mOnOpolistic interests
by lobbying at Washington, prompts
/ him to say that the law was so framed
that the settler would not be permitted
to profit by any discovery of hitherto
! unknown veins or deposits OF these min
erals upon his farm or grazing tract, II
/ he had not already acquired title TO
portion of the unrestricted domain
A MORE FAVORABLE OPINION.
Commissioner Harris of the state land
| board agrees in the main with Score
tary Hammond in his interpretation OF
| the law and forecast of its effect In
cases like the hypothetical one IN point
| but he holds to the view that only the
! areas known to be gilsonite, asphalt
or elaterite in character at the time
of the reservations opening are eX-
empted from location or entry. To sup
port his opinion, Commissioner Harris
cites the rulings at Washington per-
tanning TO the grant of school lands
10 the state. After the state acquires
4 patent to these lands it is in posi-
ton, he believes, to profit by any dis
covery of minerals on school sections
SCHOOL LAND SELECTIONS.
The contention of the government
land officials is that lands known TO be
mineral in character are not included
in the grants made to the state for the
benefit of the public school fund. On
this point a judicial decision will be
rendered before many months, the test
case being the mineral entry of the
Cleopatra lode on Il school section IN
Tintic district Some OF the points in
yolved in this case are similar to eX-
pected contingencies in the entry OF
lands in the Uncompahgre reservation,
and a decision in the Cleopatra case
might have an important bearing on
the subject of unknown mineral loca-
lions passed TO patent as homestead or
kindred entries.
SENATOR RAWLINS' VIEWS.
Early last winter Senator Rawlins
| expressed the belief that since the act
granting lands to the state did not
specially reserve nor include school sec
tions known to be mineral in charac-
ter. all such sections, whether mineral
bearing or not. were ceded 20 the state.
notwithstanding that d general law re-
serves the title to mineral lands to the
general government Senator RaWllns
believed then that his contention would
triumph if it were brought to the no
tice of the United States supreme court
in q test case.