The Placer herald., 1865-12-09
NUMBER IS.
Railroad Grants on Mineral Lands.

speaking Of this subject, and an article pub.
lished in the Nevada Gazette, says:
The Act of Congress granting land to the
Pacific Railroad Company expressly excludes
mineral lands from its provisions, and it ia
certain, if the law be properly construed, that
no such lands should pass into the posses.
sion of the Company; yet by a misarprehen,
sion, as the Gazette suggests, much difficulty
may occur. The great source Of evil. how
ever, is not to be appIehended from the own.
ership of mines undiscovered, but from those
already worked. In the event that the Com.
missioner Of the General Land Office should
issue to the Company patents to the odd
sections bordering upon the line Of the rail,
road for 40 miles, what would be the condi,
lon of the owners of the mines now worked3
Would not to the lee to the mines pass. In
view of such circumstances it is important
that the mineral lands should not be trans
terred to the Company, at least without q
full understanding toy miners aud others who
occupy them that their private ghts will
not be affected. The law of Congress does
not grant them away, and no neglect upon
the part of tie Commissioner of the Land
Office, or the Surveyor General for California,
can make transfer legal. Mineral lands
were expressly excepted, and can only be
reached 10y another act of Congress- or by
decision to the effect that the lands are not
mineral but bv neglect or misconduct Of
Government officers, a great amount OF mis-.
chief might be caused The owners of i'm.
porant mines could be forced to resort TO
the most costly litigation in order to hold
their property, and even then, with a Gov,
| Iatp .f,t tavt ,lo
there would be great difficulty in their way.
1t should be remembered that no title exists
to mines in California hy any Act of Con.
gress. California has given sort of posses.
sorry title, in the absence OF all legislation
upon The subject Ly the United States, and
this title has been strengthened by the suf,
terance Of Congress-; but nevertheless the
land and mines belong to the General Gov.
ernment, and title can pass completely to
new parties without any regard to our State
legislation. 1t is therefore most important
that this grant OF land to the Pacific Rail-
road should be understood in time 10 avoid
the evils which would tall upon the State by
transfer OF lands Containing large amounts
Of gold and silver
The Gazette is of the opinion "that there
is no time now for discussing the matter at
any length" that the company will "appy
Tor the land patents in accordance with the
law. and from all we the Gazette can learn,
The Land Commissioner at Washington will
be bound to issue the patents for such lands
on the route as nave been surveyed" 1t is
to avoid this very evil or violation Of tho
law, that the grant to the Company should
be brought to the attention Of our Represen.
talves and Senators in Congress, and before
the members of The Legislature, that somo
action may be taken which will relieve pub-
lie apprehension. 1t cannot be possible,
that such an important portion of the min
e'al lands OF California, as a strip OF terrific.
~ including alternate sections for 40 miles
in width, extending from the foot hills of the
Sierra Nevada on the west to Nevada on the
east, is to be transferred to Company un-
der msapprehension, for it is plain that in
no other way could such transfer take place.
The land has been excluded from ina, ket-
our own ctlzens deprived from obtaining a
title TO single foot of this extensive terri,
tory-but now it is said by single neglect
or mlsapprehension, it is to pass, in viola
ton OF law, to one Company. Mines worth
millions of dollars are worked within the 20
miles of the line Of the road, and hundreds
of valuable farms have been opened thereon;
yet these are to count as nothing. A vast
interes: has grown up. At Grass Valley
alone millions. are at stake. Give this min.
eral land to the Pacific Railroad Company,
and thousands Of persons will be ruined; yet
lhers is probability, unless the people Of
California do something speedily that pal
tents may issue for a portion Of it.
BY peliloniug Congress to pass an explain
a,ory law, declaring all lands from the foot
bills on the west to the eastern borders Of
the State, mineral lands the difficulty might
be reached; or The legislature could by reso.
luton ask Congress to provide for a regular
segregation by survey, SO that we might ap
proximate what are and what are not min
eraI lands. II the mines are to become pri.
vate property, and held in fee as such. it
would be much better that they should pass
to individuals in small tracts, and that set
tleIs should have them in preference to cor.
porations.