The new North-west., 1890-08-29
THE RAILROAD DEFEATED.
The Jury Gives a Decision for the Miner

[San Francisco Mining and Scientific Press | ..
In the United States Circuit Court in
this city, on Wednesday,. n verdict for the
defendant wis rendered in the case of
George ii, Francoeur against Oscar New
house; an action in ejectment involving
the title to the Eagle Bird mine, situated
near the town Of Washington, in Nevada
county The case has been on trial for
three weeks, with the plaintiff represented
by cN-Attorney General Hart assisted by
William Singer, attorney for the land de
partment Of the Central Pacific railroad,
and the defendant hy Reinsten 4 Eisner
and j. VI. Scwell
The plaintiff claimed the land under u
deed issued to him by the Central Pacific
Railroad Co., in February. 1880. On JULY
|, 1862, the railroad company received Il
grant from the Government embracing all
| the odd sections within ten miles Or either
side Of their road, which excepted all min
cral lands. BY the United States Land
Department it has ever since been consid
cred an open question whether land can be
considered mineral land unless IA patent
has been issued, or whether it must be
entered on tie books like my ordinary
claim. 04- &.##a%.]
The defendant NeWlouse in this case
| obtained mining patent in 1857, Oh the
strength Of which he based his claim To
possession. The court instructed the jury
that all such land as was readily ascertain
able as mineral land in 1862, or ut the date
Of definite location Of the railroad, must be
| considered excepted from the grant, and
the verdict found for tlic defendant was
| principally based on that issue, ignoring
the plea of the plaintiff 10 the effect that
the railroad company is entitled TO all lands
| which were NOT known To contain mineral
| in July. 1852.
| For the plaintiff il was maintained that
| the railroad grant of july /. 1869, gave to
the company acicar title To all odd sections
Of land. unless they We're known to lie
| mineral lands, and from which mineral in
| paying quantities was being taken previous
to July .. lsG2
| This decision will be hailed with JOY by
| all mine owners on odd sections along The.
| railroad. In the Sacramento land district
alone there are 80 patented claims located
on odd sections, and the present owners of
them have been watching the Francoeur=
Ncwhousc case with much anxiety as to
the final outcome, Many valuable mines
in all parts OF the State are situated like
| wise. ard there is no doubt that the suit
decided Wednesday was only brought as a
test case, and that the railroad people were
really the plaintiff. lad the decision been
the other way, large number Of similar
complaints against other mine owners
would have been entered.
| The jury find that the land was known
to bear mineral when located by the rail
road company, and should not have been
listed as agricultural land.
This is not only important to California,
but to Idaho and Montana In the latter
State the Northern Pacific company is
claiming large tracts Of land on which
mines have been worked for years, Yet it
is claimed as agricultural.
A decision the reverse of that which has
been given would have been sad blow tG
the mining interests of this State. Not
| only quartz mines were in question, but
large tracts of drift mining rs WE'LL The
mining community is to be congratulated
on the results of this test case.