House Joint Memorial in relation to the Public Domain.

To the Senate and House of Representatives of the United States, in Congress assembled:

Your memoralists, the Legislative Council and House of Representatives of the Territory of Montana, represent that no policy of the government has contributed so much to the growth and prosperity of the United States as that policy which has opened the immense public domain to actual settlers, and permitted them, without charge, or for a nominal consideration, to become the owners of such small portions thereof as are convenient and sufficient to make farms and homes.

It has drawn from the crowded Atlantic states an immense population, furnished them a competence, given them a permanent interest in the country, organized new communities, territories and states, become a source of national strength and wealth, and has lured to our country a tide of emigration which, in its increasing strength and volume, we can not too highly esteem.

The legislation by congress on this subject has been liberal, and its influence of unquestioned beneficence. That it was the purpose of your honorable bodies that all the new communities, in an equal degree, should share the privileges and reap the harvest of good which this policy promises, your memoralists are not permitted to doubt; but in the execution of the purpose, thus grand, your memoralists are of the opinion that the design of congress has not been fully carried out so far as it affects the Territory of Montana.

By a treaty made in 1868 with the Crow Indians, substantially all the arable land, and much of the grazing land, within this territory south of the Yellowstone river, was reserved to and set apart for the Crow Indians.

By a recent executive order all the lands north of the Missouri river within this territory have been withdrawn from occupancy and sale, and it is in contemplation, we are informed, to set it apart for the Gros Venties, Blackfeet, Assiniboines, and other tribes inhabiting that region. Between

these two rivers a preliminary route for the Northern Pacific Railroad has been surveyed, and nearly one-half of the land, valuable for grains, grasses, or vegetables, has been wholly with drawn from the market, while the other half has been doubled in price, and the homestead rights have been reduced to eighty acres; this has been done before there has been any permanent location of the line of the road, and as a result, the people of this territory, in this form, are made to feel seriously the burden of the railroad legislation long before they feel any of its beneficent effects. That any legislation compels or justifies this withdrawal of lands so long in advance of its construction, or at least its permanent location, your memorialists are not prepared to affirm.

Your memorialists are of the opinion that the area of the public domain within this territory thus affected by Indian treaties or by railroad legislation is nearly one hundred thousand square miles. Its influence upon the material prosperity of our territory is of incalculable mischief. The contemplated change of the Crow reservation to the basin of the Judith river, is a partial relief, but it is, avowedly, to secure some of the best land along the Yellowstone river from the Indians, and subject it to the legislation pertaining to the railroad and its land-grant, that this change is made.

Your memoralists are of the opinion that the reservations which by treaty have been secured to Indian tribes heretofore, have been unnecessarily large.

Your memorialists are of the further opinion that while the construction of the three trans-continental railroads is of such national importance and concern as to justify the aid which the government proffered, the public welfare would be greatly promoted if, in exchange for the public land offered to the Northern Pacific railroad, aid was granted to said road in some other form. Such an exchange would possibly facilitate the completion of that great enterprise, could be compelled upon any application by that corporation for an extension of its charter, and would greatly relieve our people from the evils which they now suffer.

Your memorialists regard that conclusion which adjudges the gift of immense and valuable grants of the public domain

to the great national enterprise, as preferable to encouragement by way of direct gifts of money or national credit, as the result of a short-sighted view.

A half century hence the government will have received directly more than any aid it need to render, while indirectly it will have received compensation one hundred fold; but a half century hence the immense grants of lands will probably become elements of discord and sources of disturbance to the various states then containing them, nor is it impossible that they will then affect deleteriously the nation at large.

Your memorialists would further represent that, by direction of the commissioner of the general land office, all public lands in this territory, surveyed and open to occupancy, settlement and sale, are declared to be prima facie mineral lands, and before they can be secured to the pre-emptor it is made his duty to cause public notice to be given, that on some day named a hearing will be had, as to the mineral or non-mineral character of such lands, and to attend with witnesses to establish that his location is non-mineral.

Your memorialists are not advised, nor do they believe, that any of the public domain within this territory, more valuable for its deposits than for agriculture, has ever been, or sought to be, entered as agricultural lands. The price charged for agricultural lands, within the limit of the railroad land grant, where the public lands are in greatest demand, is the same as that charged for placer mining ground. Your memorialists represent that the necessity thus imposed upon those desiring to secure agricultural lands requiring the publication of notices and the transportation of witnesses, often long distances, to establish a proposition patent to the most common observation, and only necessary by reason of the order aforesaid, is a grievous burden to the people of this territory, and has already operated to increase the expense of securing homesteads and pre-emptions within this territory and land district many thousand dollars, and that no right of the general government would be imperiled if such order and direction were cancelled.

Your memorialists would not wish to make any unseemly complaint of the method by which the beneficent design of

the general government is sought to be carried out, but an aggregation of obstacles to our settlers has seriously impaired the usefulness of the policy of the government, and interfered with the occupancy, settlement and sale of agricultural lands, within this land district.

In the belief that every interest of the general government conspires with those of our own territory, in requiring that every facility should be afforded to the actual settler to acquire, without unnecessary expense, the rights granted him by law, we present this, our memorial.

Your memorialists therefore pray :

First. That in all pending and future negotiations of treaties with the Indian tribes, the area of their reservations be narrowed to the smallest convenient limit, and that existing treaties be supplemented by articles which will reduce the size of existing reservations.

Second. That such legislation be had by your honorable bodies as will result in the relinquishment by the Northern Pacific Railroad, for an adequate consideration, of its immense and valuable land grant within this territory, and that, meanwhile,

Third. Such legislation be had as will result in leaving open for settlement and occupancy the public lands in Montana, upon the same terms and with like facilities as such lands are subject to elsewhere, until the relinquishment of the claim of said corporation thereto, as herein prayed, or until the permanent location and construction of said road.

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Fourth. That congress cause such legislation to be had as will result in rescinding the order which it is made necessary establish the non-mineral (character) of all agricultural lands it this land district before procuring title thereto, and that the determination of the surveyor general, until a contest, be taken as a guide in the land office in determining as to the character of the lands in regard to the mineral or non mineral

character thereof.

And your memorialists, as in duty bound, will ever pray. Approved February 13, 1874,

Council Joint Memorial in relation to lands in the Bitter Root Valley.

To the Honorable the Senate and House of Representatives of the United States, in Congress assembled:

Your memorialists, the Legislative Council and House of Representatives composing the legislative assembly of the Territory of Montana, would respectfully represent: That in pursuance of an act of congress entitled "An Act to provide for the removal of the Flathead and other Indians from the Bitter Root Valley, in the Territory of Montana," approved June 5th, 1872, the surveyor general of Montana has caused to be surveyed about ten thousand four hundred acres of land in the said Bitter Root Valley, for the benefit of the said Indians, not one of whom has abandoned his tribal relations with his tribe, but all have, since the first day of August, 1872, been treating with the government and receiving their annuities therefrom.

Your memorialists would further represent that the delays which have occurred in adjusting the rights of the Indians to said lands have nearly exhausted the time which was given settlers for proof and payment for their claims, and that such delay has occurred through no fault of the said settlers, and they should not be made the sufferers.

Your memorialists would further represent, that these settlers are far removed from market, and that in consequence of the late panic and stringency in monetary affairs, it is difficult for them to obtain the necessary money to pay for their lands within the period specified in said act.

Your memorialists would therefore respectfully ask your honorable body to enact a law extending the time to make proof and payment for said claims for the term of two years, and for such further legislation as will relieve the people of the Bitter Root Valley from the present embarrassing condition. And your memorialists will ever humbly pray, etc. Approved January 20th, 1874.