The Kalispell bee., 1902-09-19
Remarkable instructions.
(Communicated.)


To the Editor of the Bee:
Sir-My attention has Just been |
called to the somewhat remarkable |
letter of instructions issued by Act |
ing Commissioner w. A. Richards to |
Supervisor Haines of the Flathead |
forest reserve, touching the assess
ment work being done by oil claim
owners on that reserve. This letter |
and the comment thereon have Gre
ated a wholly unnecessary fright |
among the claim owners, in my judg-
ment, and | have had considerable |
experience in locating and doing as
sessment work on oil mining claims.
On the Flathead reserve l and my
associates have done our annual as
sessment work for 1902, principally
by making roads and building
briggs. This work was done upon
the advice of excellent mining law
yers after careful search of the deci-
sions, and we feel absolutely certain
that we are right and the work legal.
The acting commissioner seems to
have confused the character of the
work necessary for annual represent
alton with the showing necessary to
be made on application for patent;
and his practical unfamiliarity with
| the reserve and the work done on it,
| is evidenced by the statement that
| there has been much needless con-
struction of wood roads" and use
less destruction" of timber. AS a.
matter of fact the roads have all
been carefully made, with view to
carrying machinery and supplies over
them; and the work done has bene-
| fitted the reserve to the amount of
| thousands of dollars. We have done
in one season what the government
has been hiring rangers to do for a
long time, and what the rangers
could not have done for some years
to come had they worked night and
day. Mr. Haines and his immediate
superior, Mr.. Fem, were through the
oil fields recently, and the latter gen
tleman was particularly pleased with
the road making and spoke of the
pleasure it gave him to see so large
district thus protected against fire,
free of expense to the government.
, 1t must be evident to any one that
the roads make it possible for the
rangers to reach new fire quickly
on horseback, while the roads act
! as fire-breaksj besides which dozens
l of men are on hand interested in pre-
: serving their properties.
The United States courts, and not
the United States land Office, decide
: what constitutes valid assessment
J work, and they have long since set
D tied that roads made to a mining
! claim, SO as to facilitate the hauling
of machinery, ETC., are legal assess
ment work. On this very FlatheaC
reserve, on the ceded portion, hun
= reds of mining claims have been an
:, nually represented for several year.
I, past by necessary road work, and nj
question has ever been raised as t
the validity of such work.
Mr.. Richards has a right to hi
opinion, certainly; but his opinion
;, can hardly upset the decisions of th
- federal courts, and until those ar
upset, necessary road making is goo'
annual assessment work. And If thi
road work is not necessary, will SOM
% one kindly point out how we are t
% move tons of machinery to ou
n claims? Has any one hereabouts
h. few spare flying machines he coul
IN lend us to take in oil rigs over tn
tree tops?
P. w. FRANCIS.
9 Kalispell, Mont, Sept. 1S, 1902.