Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-11-10
WHO OWNS THE GOLD.


Close OF the Argusnsnts In Regard to the Gold
In the Park Land.
On the resumption Of the hearing on the gold
question involved In the condemnation pro-
ceedinss of the Rock Greek Park before Chief
Justice Bingham and Justices Cox and James
this morning there were but few persons present.
Mr.. Jas. Coleman, for Mrs. Truesderl, reviewed
briefly what had been shown during the in-
quiry. stating that they had not shown that there
was mine on the place, but prospect. The
owners had offered testimony as to the value OF
the prospect and the government produced
witnesses to show that il was of no value ard
| then moved to strike out the testimony and
they propose nov to take the land, minerals
INCLUDED incl 1t was claimed tina. in
reserving one-hfth Of the minerals: that in
l715-S4-12 it is claimed the land was patented
to these parties, the lord proprietary reserving
the mines. He claimed that this was untenable:
that ell the rights and powers of the king were
taken from HIM by the act Of war and that the
state of Maryland succeeded to the ownership
of all, including the soil
Mr.. Coleman read from the Maryland act of
cession the provision that rights of individual
owners were not transferred to the United
States except SO far as the individuals them
selves SO transferred them. He argued that
the royal right to the mines had not passed to
the proprietary and that at the time of the
cession it belonged 10 the individual. He quoted
a number of authorities bearing on mineral
property IN the United States to maintain his
position that the old royal right to mines
recognized by English law had not been recog-
n!zed as an appurtenance Of our government.
JUDGE WILSON'S REMARKS
Mr. Coleman was followed by Mr.. Wilson,
WHO, after briefly reviewing the issues before
the court said that the royal right tc the mines
on which the claim of the other side was based
was attached to tine person OF the king 1t was
personal right, which could not be and was
not transferred to the lord proprietary, nor
through him to the state of Maryland.
The royal mines" remained in the English
sovereign. The revolution absolutely cut up
by the roots all property rights Of the English
government or sovereign in the soil of Mary
land This royal right went out Of existence
absolutely. 1t could not be asserted in any
form by nybody or by the new sovereign state
that cause was born.
When the new nation was created all these
old feudal ideas went out Of existence Lands
were no longer held by right of the king. Es-
tates were held in absolute ownership without
recognizing any superior. Mr.. Wilson said
that when the royal mines" we're reserved in
the grant, the reservation was OF that which
could belong only to the King of England
Judge Cox asked II the term royal mines"
referred to more than the ''one-ffth' of the
yield Of gold and silver which the grant to
to the king.
Mr.. Wilson was of opinion that thi, reserya-
ton referred only to this ''one-ffth"
DISTRICT ATTORNEY COLE CLOSES THE ARGUMENT
Mr.. Wilson spoke only about twenty minutes
and was followed briefly by District Attorney
Cole, who closed the argument He said the
other side had discussed almost everything ex-
cept the point at issue. which was whether the
evidence showed In these owners any title to
these mines.
1t was no. so much question as to where
the title was as whether the title was in these
claimants to the property. If it was in the
state OF Maryland the government of the
United States might be required to paw for the
mines a second time. The patents submitted
in court showed that these owners did not get
possession OF the mines through these patents.
All that they had heard abcu tie iura rega,ia
and the personal prerogatives of the king he
insisted, had nothing to do with this case
1t remained that tie grants and patents did not
convey these mines. II the present claimants
had any title to these mines it deperded on
something thathad occurred since these patents
were granted Mr.. Cole discussed at some length
the California case cited by the counsel on the
other side, maintaining that in that case the
Supreme Court had Held that the right to the
mines in California lands which the Mexican
government held, having derived it from the
King of Spain, passed by the treaty at the close
of the Mexican war &c the government of the
United States. Whether it was held that the
king had Invested himself Of his right in
his grant to Lord Baltimore or not. the result
OF the revolution was to invest the state OF
Maryland with the right. BY the Maryland act
of cession the reservation made was that of
the private rights Of land owners-tLat is, all
the rights they had acquired at that time.
The state Of Maryland granted all it had at
that time to grant. 1t granted all the right it
had in the soil. As to the patent of 1903 from
the chancellor Of Maryland &c Robert Peter.
read yesterday by Mr.. Lambert, Mr. Cole said
that the property lay very near the boundary
line.
Mr.. Lambert said it was two miles from the |
line. |
Mr. Cole said that was not far. The patent |
itself said the lands lay in the county of Mont |
5omery. The patent was issued. he insisted, |
under misapprehension that the hands did lie |
m Montgomery county.
Before the hearing was ended Mr.. Taggart, |
n response to questions of the court, described /
he methods followed Of to surveys, patents.
kc., under the old Maryland land system.
Mr.. Wilson and Mr.. Coleman were granted |
to file briefs in the case Thursday,
10 it is not probable that's decision will be |
made until after that day