Show MINING MEN TO OUTLINE VIEWS ON LEGISLATION LEGISLATIONS S C Commercial Club Committee Drafts Letter to Senator Smoot MEETING CALLED MONDAY Question of States State's Title to Mineral Lands to Be Bep p Discussed I REPLY to th the letter of Senator A Reed Smoot to the Salt Lake L' Commercial club in which he ho explained ned purposes purpose of ot his school land bill now pending in Congress was adopted yesterday yesterday yes yes- esterday es by b- the clubs club's committee on onS S mines by Duncan as oS chairman and transmitted to tho the board of governors of tho the club for tor approval In his letter published in The Herald Herald- Republican September 1 12 Senator Smoot pointed out that critics of or the bill had Indulged in generalities and had bad made no specific points against the bill The committees committee's reply takes up portions of ot his letter and of or the tho bill and points out more clearly the committees committee's committees committee's com corn position The reply was framed by E. E W. W Senior an attorney for tor the committee At a meeting called caned for next Monday Monda- tho exact time of ot the tho day to be bo left to the convenience of or Senator Smoot this reply will be presented to him It is planned to have havo the tho governor tho the secretary of ot tho the state land board WJ W W. J. J Lynch Attorney General A A. R R. Barnes and all members of ot the tho mines committee and of ot tho the board of or governors governors governors gover gover- nors of or the tho club present In its Us reply tho the committee suggests that the state land commissioners tho the attorney general and the committee form an agreement on some plan to se secure secure secure se- se cure the lands desired by the state and at the same time some plan which will meet the approval of or tho the mining interests It Is suggested that the state might waive wal rights in school lands upon a showing of at mineral character and select other land In lieu thereof In opening its report tho the committee calls attention to the conclusion of or the senators senator's letter to tho the mining committee commit commit- tee in which he lie declared that he would be bo pleased to have tho the committee commit commit- tee present In detail an any objections which it might have to tho the proposed bill blU if Jt after receipt of or his letter it still considered that the proposed mea mca sire sare was as injurious to tho the miner and prospector and unfair to the tho mining Ind Industry of ot the west The committee then takes occasion to affirm Its Us belie belie belief be be- lie lief In the tho good Intentions of or Senator Smoot and adds adde that it still believes that he be la Is not fully Informed as to the true situation existing In Utah and the tho true position of ot s state ate land board and its attorney general in connection connection connection con con- with the tho matter discussed Refers Refer to Four Sections In thie thia connection the committee calls cans attention to the provision in the Utah enabling act which provides pro for tor four sections in each township being granted to the state for tor tho the support of ot the schools with further provision for tor forland forland torand land and equivalent when whon these sections had been sold or otherwise disposed of or by the government It points out that the tho senator in his letter called attention to tho the words to bo ho of ot the character so granted and his contention conton- conton tion that mineral lands landa are aro not of or orthe the character so granted under state school grants STants in support of or which the senator calls attention to land office and federal court decisions S previously cited In reply the committee questions the fullness of at the senators senator's information lon lonon on rounds grounds that despite d the decisions cited cited the land board and tho the attorney general of ot Utah always alwa's have and donow do donow now hOW contend that mineral mineraI lands l wore not in anywise reserved or withheld from the school grant r nt Tho The committee adds that It Is Js reliably Informed Informed In Informed In- In formed that tho the land lund board and tho the attorney general Intend to have tho the question determined by the United States supreme court b by carrying be before he- he fore tore that tribunal a a. case caso now pending in the local federal court against a A. A A. A Sweet S It then sug suggests ests that in lieu of or orthe the words word to be of tho character BO so granted in tho the proposed bill Senator Smoot Insert to be bp selected from Crom non non- mineral public lands The committee says that amendment can result in no harm should the supreme court sustain the thc land boards board's contention because because be he- cause the proposed proponed bill hill guards the tho rights of ot tho state by providing pro that nothing therein shall bo be com construed trued to postpone time Urne of attachment of tho grant of or the land under existing law Contention Touched On The contention of or tho the state land board Doard that sections of school land had been sold and patented and thereafter the general land office had allowed entries entries en en- tries of ot somo kind t so o as to deprive the state of title to some somo lands and to e cave tho the purchaser from the state without r remedy med save b by special state legislation is Js then touched upon Tho The committee asks oaks if it tho instance cited would have occurred d had the land board hold the opinion that the state is not entitled to mineral lands In the land boards board's present frame of ot mind holding that hat mineral lands arc not reserved reser from rom state grant the committee asks J If it Is surprising that tho the state land board should have deliberately sold eold mineral land 1 It then cites tho the land department rulo rule that no person may make a l mineral entry or obtain a United States patent for COl mineral land wIthin a school section without duo notification b by the register reg-Ister and rec receiver lver of ot the local land office to the state land and board and the thc giving gl of full CuB opportunity opportunity opportunity op op- op- op to the state land board to tomake tomake tomake make such objection as It may mo see sec proper to such mineral patent being granted The committee adds that it Is safe to assume that ilia t where any porion portion portion por- por tion ion of ot a a. school section has been patented patented patented pat pat- as mineral land it must necessarily arlly havo been shown that it was land lando to o which the state had no right right- To protect tho purchaser tho the committee suggests that tho the legislature may direct b by law V that in such cases the thc mone money shall be returned Is It not inconsistent asks tho the committee com corn for the land board to be so solicitous so- so for the few Cew Isolated cases where such lands ha havo vo been purchased and at tho same time be so unmindful of or the protection of or thu the many miners and prospectors wh who havo have expended and andare andare are aro expending their time and mone money In attempting to develop the mineral resources ro- ro sources of ot this state in the tho hope and expectation of or beIn being benefited thereby thereby thereby there there- by Sur Suggests an Amendment The Tire committee then su suggests an amendment to tho the proposed bill as re regards regards re- re gards garde manner of giving notice of application atlon cation by the state for listing of school sections It calls attention to Senator Smoots Smoot's statement in his letter that tho the method of notice provided and tho the fact that hat th the miners miner's claim is on land sur- sur oyed voyed b by tho the government should be sir suf- So EO as not to be overlooked by bythe bythe the he miner or 01 prospector The Tho committee differs from the tho senator senator sena- sena tor or citing that it is provided that the notice shall shan be bo printed in a rew newspaper paper of f general circulation in the vicinity of the he land for tor thirty days das and urging that hat this notice ma may bo ho printed an any anytime time within man many years and that Inmany in inman inmany man many mining districts the circulation of f newspapers Is such Ruch that the prospector prospector pros pros- ector probably would have to nizo Izo all the Salt Lake Lako dames dallies while waiting for the state to take action with reference to the particular lands In n which he might be int Interested rested It also calls cans attention to the fact that the claims are usually located in a rugged country so covered with timber and andrush brush rush that a. a minor miner rarely observes the tho government monuments and section corners that many monuments of or surreys sur- sur surveys reys veys have havA become entirely obliterated that hat very ery few persons are arc able to understand th the markings on section corner orner monuments placed prior to thelast tho the thol l last ast two or throe three years ears that few miners know In what township let alone lono in what section their claims are located and that there are arc areman man many mining locations where the surcy surey sur- sur ey cy In some seasons of or the year ear is difficult dif dlf- because of snow To prevent misunderstanding misunderstanding misunderstanding mis mis- understanding and to avert the necessity necessity sity Ity of or forcing miners minors to employ a surveyor surveyor sur sur- to havo have their claims located the committee suggests sugg an am amendment to he tile proposed bill providing that such sucha a notice bo ho printed for ninety days Inthe Inthe in the he newspaper published nearest the theand theland theland land and and that during this period d of or publication a a. similar notice be posted and anel remain in a conspicuous place on each section applied for tor and upon a aboard aboard board oard attached to a n. post stand standing Ins not less ess than four tour feet teet above the ground Asks ARks Another Change The committee further suggests amendment by providing that certification tion shall be made to the state If if It durIng durIng during dur dur- ing tile the day ninety period of ot publication publication tion th there re shall be no adverse claim or protest filed tiled or if It such claim or protest be decided ed in favor of the state instead of ot as the bill now reads if U t the e lands are found to be bo of a character so 80 grant granted granted rant grant ed and free rree from valid adverse erse claim initiated prior to the survey of or the township In which they are situated S The Tho committee then calls attention ottention of or ortho tho the senator to a part of or his letter in which ho he says sas that before the secretary secretary secretary secre secre- tary of ot the Interior under the proposed bill biB can certify lands to the tho state h hIs he heIs Is 18 required to examine them and determine de de- de- de termine tormine whether they are of tho the character char- char actor acter Intended under the grant Senator Senator Sen Son ator Smoot added that tho the interior department department de do- understood that tile the bill would require a field examination of or the tho land and the senator sold said that expert mineral mineral min mm- eral e examiners and geologists in the employ of the tho government would bo bode bode- de detailed tailed for this work vork If It such examination examination examination examina examina- tion said the senator showed the land to be bo mineral or to hear bear a valid adverse adverse ad ad- verse erse claim I it t would be bo reserved from the tho grant regardless or whether of-whether wh an adverse claim was asserted to the tho land landor or not Provision for tor Examination The committee then points out that the bill makes n no provision for examInatIon examination exam exam- of ot the land by government geologists geol geol- or experts or for an tion to pay such geologists or experts and says sas that such an examination o of or orall all so called school sections within the mineral regions of or Utah would be bo very expensive It adds that mineral ex ox experts perta do not always agree Tho The committee suggests that it would be bo better to let tho the state when It Ii ap applies ap- ap plies for r listing of ot Its school section to b bj by and prospector sat miner safeguard the ample notice and anel then If It a u controversY arises lot let th the tho mt l make e Its own showIng showing show show- ing at its own and the miner minor thereby avoid avold- or prospector likewise r o lug tho possibility of or tho lan land department department depart- depart rn ment nt being unconsciously influenced by Its own geologists and experts The committee then says say there thore Is another reason why classification of land as mineral and cannot well be left to determination by government government gov gov- workers hereafter making making- field examinations this being that the committee Is sure the state land board will not agree with the tIre senator in hl his contention that mineral lands land arc not of ot tho the character granted under state school grants Frants This not only for fOl reasons reasons rea rca sons before boore given but because It Is well settled law that mineral lands are arc only onh excepted from tho the state land grant rant when such lands are arc known to be bc min mm- mineral eral oral and arid valuable at tho the time tire the states state's right h t attached So sa says tho the committee should an export expert examine workings s on such lands land and find a n showing sufficient to classify the thc lands as mineral there thero would still bo be tho the question if It the tho land was known to ho bo mineral in January 4 s 1896 when the therl rl right ht of the tho statu attached Accordingly Accordingly Accord Accord- insists the committee commit toe under the bill the land department must determine determine deter doter mine both hoth If it tho the lands aro are mineral and If It they thoy were known to be mineral when tho ho states state's rights attached The Tho committee committee com corn adds that It has er e. every reason to believe bellevo that tho the state land board and attorney general will wUl claim for tor the tho state stale all school lands whether mineral or er not If It not known to bo ho mineral when the tIre states state's right attached lUnched It therefore urges urles that it is important that claimants claimants claimants claim claim- ants be given an opportunity to supply evidence as to the known mineral character character character char char- acter of ot the land prior to statehood or survey of or the tire township In which the theland theland theland land is situated I I I. SU Suggested The Tho committee then suggests sug that In lieu of ot the words if ie the lands arc found to be bo of or the character so granted grant Irant- ed there thero be Inserted the words if Ie the lands are found to be bo in character basing its arguments on reasons brought out in the tho arguments just preceding Must nu t Make Ial ho The committee calls attention to tho the fact that the land department adjudication adjudication cation that land is mineral does not dispense with tho the necessity of the applicant applicant applicant ap ap- ap- ap for tor a mineral patent showing to the government that there thero is Is upon each of or his locations mineral discovered discovered discovered ered In such quantity as aM to satisfy the tile theland theland land department that It will entitle him to a patent and that such a showing snowIng snowIng snow snow- ing often octon requires much labor and money Representative Joseph Howell Introduced a bill last year says ays the committee intended to al aid the miner Inthis in inthis inthis this re regard ard Tho The |