Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1906-02-03
WHAT MINING MEN THINK
Is Fair Homestead Law so That Entries
Could be Made on Forest Reserves.


Is Fair Homestead Law so That Entries
Could be Made on Forest Reserves.
The committee of the Black Hills Min
ing Mems association appointed to ex
anime the condition of certain rights
asked by settlers within the Black Hills
Forest Reserve reported at the meeting
held in Lead on the evening of January
oath as follows The report was adopt
ed by a unanimous vote, and the secre-
tary instructed to send to every con-
gresham and senator at Washington a
copy of the resolution:
Your committee appointed to consider
the proposed legislation affecting real
estate in the Black Hills Forestry Re-
serve respectfully report:
~ That the Black Hills Mining
Mems Association should declare itself
as opposed to the extension Of the gen.
eral homestead laws ofthe United States
to the Black Hills Forestry Reservation
for the reason that it is believed that
the extension of such laws generally to
agricultural, or so-called agricultural
lands within such reservation will result
in injury to the mining interests Of this
community, and therefore necessarily to
the injury of the community itself in
view Of the fact that the mining indus
try is the chief and paramount industry
within such reservation.
~ In view of the fact that there is
now pending before the Congress Of the
United States certain bills for the pro-
lection of settlers who have acquired i'm
provements within the Black Hills Res
ervation and other forest reserves
throughout the United States, and who
by reason Of the rulings of the Depart
ment Of the Interior are unable to Sc.
cure patents for the lands occupied by
them by reason Of its non-mineral char
acter, that we are in favor of having
such proposed legislation SO amended as
to provide: First, that the right to en-
ter agricultural lands within the limits
Of the Black Hills Forest Reservation
shall be confined to present occupants
and not extended to new settlements
and second, that such occupants shall
only be permitted to enter such land as
is exclusively agricultural in character,
and that such lands in order to be sub
ject to entry as agricultural lands shall
be concusively proven to be more valu.
able for agriculture than for either tim
ber or mineral purposes, and that such
lands shall be described by metes and
bounds survey.
(3) That such legislation shall ex-
pressly provide that no titles acquired
to agricultural lands within said reser-
walton shall vest in a patentee any rip
arian rights to any streams or flowing
waters within the State of South Dakota,
and that such limitation of title shall be
expressed n the patent
a. That all such agricultural titles
shalI be subject to the continued appli-
cation of the quartz mining laws and
the laws for the appropriation of water
for mining purposes and particularly
that the owners of veins or lodes Of
mineral bearing material either now or
that may be hereafter discovered shall
at all times have the right to pursue
such lodes or veins beneath the surface
Of all such agricultural lands and to op-
crate and mine the same.
(5) That such agricultural applicants
shall be required to pay at least $3.50
per acre for such lands, being the price
charged by the government for placer
mining ground.
We believe that by an incorporation
of the foregoing provisions in the pro-
posed legislation that settlers who have
in good faith purchased improvements
upon land within the Forest Reserve,
and have subsequently enlarged the
same, and who by reason of the rulings
of the Department have been refused
permission to secure patents, can thus
be fully protected by securing such titles
as will amply and for all time protect
them in the possession of such improve
ments, and as will enable them to farm
such lands, and at the same time will
prevent the acquiring of titles to lands
which may in the future be shown to be
more valuable for mineral than for ag
riculture.