Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-11-16

So far as the opinion Of the Court in General
Term establishes such ownership Uncle Sam
now owns all the gold in the lands Of Messrs.
Shoemaker and Truesdell lying within the
Rock Greek Park limits. and is likewise the
owner of all the gold mines that may exist in
the District Of Columbia from lands the title to
which is derived from the lord proprietary Of
Maryland. and in the grants for which the
"royaI mines were excepted.
The court this morning granted the motion
OF the government to strike out all the testimony
taken before the Rock Creek Park commission
regarding the value of gold deposits or prospects
on the lands of Messrs. Shoemaker and Trues-
dell, the ground for the motion being that the
government was already the owner of such
mines II any existed.
MIR. Justice Cox delivered the opinion OF the
court. There was a large audience present, in
ciuding lawyers and property owners.
THE OPINION By JUSTICE cox.
Justice Cox said that the case carried them
back to the early history of Maryland. of which
the lands once formed part He read from
the charter of King Charles granting the lands
to Lord Baltimore, in which the mines of gold
and silver are granted to him, reserv-
ing one-ffth of the products to the
crown. The jura regalia. he said, was
an appendage to the crown, and after citing
some of the ancient acts he said this act was
not inseparable from the crown. They may
assume it was granted TO Lord Baltimore sub
ject to one-fifth payable and the ground.
Then sketching the laws under the pro-
prietary. the justice said that in the dis
position of the land three steps
were necessary, viz, warrant to surveyor,
certificate of surveyor and issue of patent and
subsequently warrants for resurvey were issued,
and upon return and the payment of the
price new patent was issued. All patents
contained an exception of the royal mines, and
these did not pass by the warrants, but re-
manned In the proprietary. The purchasers
had the surface, but the proprietary
the mines. The justice then referred 10 the
revolutionary times in which the last lord
proprietary left the country and spoke Of the
contiscation act of the state in 17s0.
He referred to legislation of the state subse-
quent to the contiscation act which showed
that the confscation act was intended to in
clude every species of property belonging to
these British subjects including what had be-
longed to the lord proprietary well as every
one else.
He referred especially to an act of 1888 pro-
viding the manner in which sales of the con-
fiscated property should be made, in which
sales 1t was provided that there should be
reserved to the state one-ffth Of the proceeds
of the mines.
This would show that the state assumed the
ownership of the mines. If there had been
any mine existing there was no doubt from the
legislation that the state would be able to main
tain a claim to it. The state was the owner Of
the mines or succeeded to the ownership of the
lord proprietary in them.
The Maryland act of cession Of 1871, Justice
Cox said, was much stronger and broader in
Its terms than the treaty with Mexico ceding
the California territory to the United States.
The state of Maryland did not undertake TO
barter away the rights of individuals. but did
give away all her own rights and ownership.
The United States government had assumed
the right TO the lands by various grants nota-
bly, that Of the kidwell bottoms. III the land
passed by the act OF cession there was no doubt
| that whatever title the state had to the mines
in the land passed also.
Referring to the Robert Peter patent dated
in 1904, which was produced in court during
the argument, Justice Cox said the questions
arose: Did the proviso continuing the laws of
Maryland in force until the removal of the seat
of government to the District continue the
Maryland land laws in force? Did the issue of
this patent give any right against the legal
title Of the United States? The warrant in
the case was issued in 1900. The patent was
issued In 1904, on a resurvey. the object of the
resurvey being to rectify boundaries. He did
not think the patent conveyed any right or
equity not previously conveyed by the warrant.
1t seemed to the court the provisions continu-
ing the laws in force applied to the protection
Of private rights and not to public property.
1t did not continue in force the public land
laws of Maryland.
If there are any deposits of gold they are the
property of the United States and this motion
on the part of the United States should be
granted.
AN APPEAL TO BE TAKEN.
Mr.. Wilson, representing Mr.. Shoemaker,
and MIR. Coleman, representing Mr.. Truesdell,
noted exceptions.
There was some discussion as to the form of
the order to be made and the exceptions. Coun-
sci said they would except to the whole finding
of the appraising commission.
Mr.. Wilson said they would make applica-
tion to the commission for permission TO intro
duce further testimony for the purpose of tax
ing the case out of the rule laid down by the
court
GONE A DUCKING,