Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-12-19
RAILROAD LANDS.
NOT AFFECTED BY SUBSEQUENT MIN
ERAL DISCOVERIES.
An Interesting and Important Decision
by the United States Dis
trict Court

The to'ioving decision, rendered in the
United States District Court for California
few day s ago, will be found Of interest to
settlers Who received title to their land
through the Central Pacific Railroad Com
pany. These properties are frequently
jeopaidizei By mineral claimants, and the
decision ia this case covers the points usu-
ally in issue Ex-Attolney- General Hart.
OF this city. was cout sci for the plaintiff,
who sued 10 recover possession Of q tract of
land originally purchased from the Central
Pacific Railroad Company, bat afer8srl
clained BY and patented to mining CON-
pa8y. The Court awards judgment for the
plaintiff on the following grounds:
George z. Frapcoeur VS.. Oscar Newhouse-
This is IN tiOn to recover Tosse ssi0u of lot D.,
OF section 3, township II north, of range /
east, Mount Disblo meridian. The plaintiff
claims title by conveyance from the Central Pa
cifc Railroad Company. 1t is alleged in the
complaint that the land is part of an odd-num
bered section lying within the ten-mie limit Of
the grant made 70 the Cenirl Pacific Railroad
Company, TO aid in the construction OF rail
road, BIZ the sc, of Con- ress passed July l, 1852
~ Stat is9l that said corporation flied its as
sent to .aid set. ard map designating the
general route of said railroad, with the Secre-
tary OF the In-eror within two months after the
passage Of the Act that on August 2 1862, the
Secretary % the Interior caused all the lands
within fifteen miles of said route. inelusing the
land in que ton, to be Withdrawn nom pre-
emption, pliva entry ind sale; that the line of
said railroad WAS definitely fixed, said road
fully constructed and accepted by the Presi-
dent, from the western terminus to a point more
than twenty-five miles east OF the township in
which said land is situated, prior to September
%, 1866, and the whole of said road was definitely
located, constructed, accepted by The President
and in operation 10 the east line of the State
prior to July >, 1868; that in the year 1860 the
Secretary OF the III efi0- caused all the lands IN
e IN hip I7in0rth 70 be surveyed ana on March
2, 1901 the United States Surveyor General made
return of the official plat OF said survey and
fled the same in the General Land Office ut
Washington on June 2 1867 ana the same was
soon after regularly filed in tle l0csl Land Of
flee at Mary that being the District in
which nd and was situated; THAT by said sur
yey the dissertation OF all lands in said township
wss asc5rtailed aud the character thereof de
termined 20 be agricultural lands aud not min
erGl OF swamp IN character, nor covered by any
governmental reservation; that the platS filed
as aforesaid so reported and showed the said
lands: ana HAT SAID determination. report AID
showing have continually remained, and still
remain OF full force ard effect"
hat said section l3, township II, is within
the limits OF i've miles of said railroad along the
line hereof, and with other lands was granted
to said Central Pacific Railroad Company of Call
dornia ny said Act OF Congress; that ut the date
OF the passage OF the said Act of Congress- at the
date when said line of said railroad was detiu-
ittely fixed, and at the date when the said rail
ROAD was actually constructed through and be-
yond said township, all Of said section 10 was
returned as agricultural land and no part of the
same was known mineral land. nor had any
part of the same been sold, reserved or other
wise disposed of by the United States, nor had
any presumption or homestead claim attached
to the same nor was any part of said lend
within any exception from said grant; nor did
the granting thereof to said company defeat or
impair any prescription. homestead or swamp
or other lawful claim TO the same, or TO any part
thereof.
That during the year 1888 vein or lode of
quartz bearing gold in paying quantities was
discovered within lot So OF section Is, the prem
ses in question; that on April 20 1885, the Eagle
Gold Mining Company fled in the proper ONCE
its application for patent to said lot So from
the United states under the mining avs passed
by Congress that on May 5. 1887, pursuant TO
said application. the Land Department issued TO
said Eagle Gold Mining company patent to
said lot 50 a the Eagle Bird quartz niue; that
said application was made and patent issued
without authority OF law, and said patent is
void. and that said defendant is in possession
claiming under said patent through mesne con
Vevauce~ i-dm said psteniee.
That the Central Pacific Company has ten
dered to the Treasury the amount of money re-
quired by the statutes, and demanded pstent.
but il has bsen refused, althou N all acts re-
quired By law to enttle it to a patert have been
fully performed, and the title to said premises
has vested in it.
Il has so often been decided that the grant to
the railroad company under this and SINH ar
Acts is grant IN present., passing and Vesttng a
present title. only to be defeated by II
allure to perform the conditions subse-
quent, and suitable judicial proceedings on
the part Of the Unised ates, to forfeit
them that i is only necessary 10 cite the su-
thorities without further discussing the ques-
ton. No R Co. VS.. K. P. R. R. Co, 81 U. 5,
400; SehuleDberg VS.. Hartman, ! Wall, A; Van
WICK Us. kneyals los U. s., 500
There be and is hereby granted" are words |
of absolute donation aud impart p grant in pre- |
seni. this Court has held that they en- have TO |
other meaning H. 2. Co. VS. U. :. 90 U. 5 7ll |
Wright Us. Rosebe.ry, q U. 5. $40; :. +. Z. |
Co. vs., olg3n, ard eases cited. 6 Sawyer, l9.l
&r. Justice Field went over the subject fully |
in Denny vs.. nod on 80 FED Rep 500. in |
which he lie that not merely the equitable |
title, bus q legal title TO the land passed by |
the legislative grant ia present. in such sense |
that an action of ejeetmeut could be maintained |
upon H. TIA. Pateat provided for was not |
neee ~ to PISS the title but vas only convent
ell instrument of evidence, citing a pasSaze |
from the opinion of the Supreme Court III Suny- |
ceane vs.. Halves (2l Wall SD as follows: In |
the legislation Of Congress pateut has p double |
operation L IS It conveyance by the Govern |
ment when tie Government has any interest TO |
convey, but where it is Issued upon the confirm |
alton of claim OF previously existing title, II
is documentary evidencc, having the dignity of |
a record OF the existence of that title OF such
equities respecting The claim as justify its Iecog
niJion and confirmation. The instrument is |
not the less etcacious as evidence of prev'ouslT
ex sting righ-s because it also emeodieS words |
of release OF transfer from the Government. 81 |
Fed. Rep g04)
The prov vision of Section 81 of the Act of 1861 re
quiTing the railroad company topay the expenses |
OF surveys and c0nyeyanees does not affect the |
question 0i the vesting OF the title under the ieg
islative grant. Il only applies to the issue of a
convenient instrfm ant of evidence, but IN this |
case the title had already vested and passed be-
yond the authority of Congress before the pas |
sage of the ACT of 1864, which could only ans nd
the prior Act far to effect its future opera
ton as & lava title. therefore, vested by he |
grant and performance of the condition, upon
which an acton OF ejectment can be main
tanned
The next question is, did the land in question
pass b. the grant OF 1852, perfected in 1876, il
which 4 gold nine was discovered in 1885,
tweniy-one years utter the grant attached by
the fling OF g pat OF the general route OF the
railroad, and the withdrawal OF the lands in
pursuance of the statute by The Secretary of the
Interior, and more than seventeen wears after
the completion of the road and its acceptance
by the President aud more than sixteen years
after the final survey and report Of the lands as
AGRICULTURAL Rad not mineral9 The parties to
this grant both the United States and the
grantee must be presumed to have contem
plated grant 81 view of the condition OF the
lands as thew were known. or appeared TO be,
at the time the grant took effect. In the excep-
ton OF mineral ands' from hegrant Congress
must have meant not only lands mineral ~ act
but lands known to be mineral, or, at most such
as were apparently mineral and generally re-
cognized IS such. Congress could not have
contemplated that the discovery OF paying
mine fifteen or twenty years after the making
of the grant anu the performance of all She con-
ditsonS by the grantee required TO perfect the
title aud render it irrevocable, should viiiGte
the grant. II so, then such discovery fifty or
a hundred years after would effect the same re
suit. On granting the public lands Congress
must be presumed to deal with them in
view of The condition as they are
Fx5ent;ocs must be preSume6i Ito refer-to