Show IMPORTANT MINING DECISION written for the mining review A decision has recently been handed down by the land department that has caused much rejoicing among mining men reference is made to the case of the mor gan argentine mining company vs the union pacific the properties of the morgan argen argentine tine company lie in an odd section and the land was consequently claimed by the railroad under their congressional grant this claim was disputed by mr H pembroke the president of the mining company on the ground that the land is mineral and consequently is not embraced within the grant the land referred to lies in the argenta mining district in morgan county it is a district the richness of which has been known for many years several companies have there performed much labor s sinking ng tunneling and the like and much valuable mineral has been developed in the immediate neighborhood three companies have shipped pay ore one of them having received returns from over sixty cars yet it was necessary for the morgan argentine company to take the burden of proof on itself that the land embraced in its claim was not agricultural and therefore the railroad could not obtain title at twenty five cents an acre but was mineral and was open for mineral location mr pembroke now reports for his own good and that of miners generally who may be working in the odd numbered sections contiguous to the railroad that the land department has advised judge C S varian of its decision to the eff effect act that the ground is mineral and therefore not embraced in the grant to the railroad company the morgan argentine company has done over 2000 feet of work on the land in question and is at present pushing a tunnel to cut a large fissure vein that shows lead ore carbonate and sulphide of a fine quality on the surface A number of engineers hive have reported very favorably on the group of claims as one which will undoubtedly be a big producer the character of the formation being identical with that of park city the carbonate hill mining company has ground in the same area claimed by the railroad company and is working a number of men and shipping some very good ore why should the miner hive have to defend and prove the governments title to mineral land before he can have the privilege of purchasing it he does this in every case where he has exposed mineral or labored to do so upon land embraced within the odd numbered sections lying within twenty miles on either side of the pacific roads whenever he applies for patent to such ground instances are multiplying rapidly where the miner after spending years of labor and thousands of dollars in opening up mineral ground and who has complied with the law and all regulations that permit him to go to the land office for a patent has been met with the statement that th this S land is a pa part rt of a list of selections the railroad company has made and no patent can be issued until a contest is had and the nature of the ground determined this is the place where the miner suffers he has now to prove the title of the ground to rest with the government he hires hi res attorneys a protest is filed a hearing is ordered expert geologists mineralogists and engineers go upon the ground these men cost much money the protestant pays them and is compelled to deposit with the receiver of the land office fifty dollars per day to cover the cost of taking evidence the hearing goes on and the case is finally taken under advisement and decision rendered there is frequently and in coset cases an appeal from this decision rendered there is frequently quent ly and in most cases an appeal from this decision taken to the interior department much time and more money is necea sary until finally if the miner is proven right in his contention he is allowed the privilege of paying the government fee of five dollars per acre and acquire his patent in the meantime he has been compelled to pay out in defending the government title probably from two to four times the cost of the land how to correct this unjust condition 13 it not or should it not be logically the duty of the government to make its own investigation independently of the contention of either party to the contest and at its own expense it most certainly seems so ani an I much good could be done by discussion and agit agitation atlon of the question until it could be presented to the proper authorities tor for action the fast growing mining interests of utah appear to demand that these illegal claims of the railroad companies to government land should receive summary action concerted action should be taken by the mining fraternity |