The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-10-16
LAND GRANTS TO RAILROADS.

| nfgdztne mas very interesting ana timely
article concerning the celebrated case Of
the Northern Pacific railroad versus
Barden ct al, which has recently been APP
! pealed from the circuit court Of Montana,
where Judgment was given for the plain
| tiff, to the supreme court of the United
States. Nominally this case Is merely q
| proceeding on the part of the railroad
| company to Gust the defendant from a GER
! tain tract of land which he holds as min
ing claim. In the grant to the Northern
| Pacific mineral lands are excluded, and
the word mineral is explained as not to
include iron and coal. Court interprcta-
tons make the term applicable to the ores
of gold, silver, copper and quicksilver.
The Northpest says:
The broad question involved in the Barden
case Is whether the discovery OF minerals on
land the title OF which has passed TO the rail-
road company, fnvalidates that title, restores
the tract in question to the public domain. and
thus throws it open for entry under the mining
laws. The railroad company takes the position
that all the odd-numbered sections within the
limits OF the grant on which minerals were not
known to exist at the definite location OF It's
road, became its property finally aud absolutely,
aHN tuat any buDseQuent uiscofeIg Vi
upon any of such sections does not in the least
affect the ownership. The people OF Montana
generally, led by their newspapers and their
politicians, take the opposite ground and main
tain that any discovery OF valuable mineral on
a railroad section, no matter when made and no
matter whether the company still owns the land
or has sold 1t to other parties, at once excludes
such section from the grant and makes 1t public
land open 10 mining claims
As the Northern Pacific grant is 100
miles wide across the whole length of Mon
tana there is hardly a section in it on
which at some time or other gold, silver or
copper ores may not be found, and therefore
if the contention of the defense Is sustained
the railroad has practically no grant at all
in Montana, as of course 1t can make no
sales of land wherever there is the most
remote possibility of the discovery of the
smallest quantity of these ores. Senator
Sanders, of Montana, last winter in con-
gress, in speech in the United States
Senate, said:
If one thousand years hence a mine 10 discov-
cred in an odd section OF land which it will pay
to work, thereby II win be demonstrated that on
the second day of July, A. d. 1864, congress had
that particular land in view, when IL said 1--WE
except that mineral land out of the grant" and
that it not only then becomes, but II 10 thereby
demonstrated that IL has always been, during
the thousand years, the property OF the United
States.
This view Is clearly contrary to COM
mon sense and sound public policy, for
under it the oldest title to tract of rail-
road land would be of no value, for the
moment stranger discovered mine on
such tract the land would be then his
and not the owners who had bought and
occupied 1t. Judge Sawyer. of the United
States circuit court. who decided the
Barden case in favor of the railroad had
already decided case in California in
volving the same question, known as the
Eewhouse case, and had held, with the
concurrence of the district Judge, that the
meaning of the term mineral land,
used in the grant to the Central Pa
ciic railroad, was Glands that were known
to be mineral at the time the grant
attached and took effect" and that only
such lands were excepted from the grant.
In his opinion in the Barden case Judge
Sawyer says that the construction urged
by Senator Sanders and by the defense In
the suit would be unreasonable in the ex-
treme and utterly impracticsble and abb
surd in its consequences" It would be
absolutely destructive and subsersive to
all titles to land in Montana and in other
states where there are similar grants"
The even-numbered sections would be
affected just the same as those granted to
ma fap
emption laws except mineral lands and
claims in the same language as that used
in the railroad grant. Judge Sawyer
further said:
III one quarter section Is thus open to explor.
alton, and the title thereto liable to be thereby
defeated by discovery of q mine at any time.
no matter how long. in the future, then every
foot OF land within the limits of the railroad
grant, and even outside these limits, from Lake
Superior TO Puget sound is in the same situa-
ton, and the title liable to be defeated In the
same manner. No man can ever k2ow whether
he has title or not until mine is discovered.
when he learns that he has no title but that the
land belongs TO the United States. For whose
benefit Is this extraordinary and hurtful con-
dition OF things to be imposed on the new
states! is II that the government may obtain
the insignificant sum OF S. per acre for a small
strip OF land here aud there at long distances
apart, not exceeding 1,500 feet long by 600 feet
wideY or Is 1t to give preference 10 pur.
chasers at that Insignificant price over perma.
nent settlers, who have already purchased, paid
for and improved lands in good faith, to a COM
paratively few nomadic prospectors. who re-
main at the same place but short time?
The United States supreme court will
never reverse this decision of Judge Saw
yer. To reverse it would not only be a
grossly pettifogging, swindhng construc-
ton of the terms of the United States
land grant to the Northern Pacific rail-
road, but it would cloud and perhaps ulti-
mately destroy all the titles to farms.
ranches, timber tracts and town lots in the
mineral belt. The Northeast reflects the
judgment of every dispassionate intelli-
gent man when it says that common sense,
justice and public policy are all with
Judge Sawyer in this controversy, since
with the confirmation of his decision bv
the United States supreme court "the great
body OF the people will rest secure in their
landed possessions. knowing that thew
are not at the mercy of strangers who
may invade their premises and dig them
out of house and home in an eager quest
for hidden treasures"
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