The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-10-22
LAND GRANTS TO RAILROADS.

1ect OF vital interest to the people OF the state OF
Washington at the present well as future
time, the writer desires more information on
| the same subject, to-wit: "The rights OF the
railroads to the mineral lands" Having been
and still being interested in the final decision
In the Montana contest case, 1t may be well TO
explain that when the early surveys were made
In Montana, more than twenty years ago. but q
small area of the mineral deposits had been dis
covered or were known to exist Hence, the
surveyors reported as mineral lands only such
as were at that time known to contain gold or
silver In paying quantities, and now the North
ern Pacific Railroad Company sets up q claim
TO all odd sections reported at the time of sur
yey as non-mineral, Notwithstanding that dur
Ing the last twenty years many new districts
nave been discovered. including many OF the
richest mines in the state, and in sections re-
ported to the department as non-mineral; some
OF these being also located on odd Sec
tons. The writer does not know of
any contest case coming up where the
railroad company had secured patent
prior to the discovery OF mines, but he does
know that where valuable discoveries have
been made on odd sections, the company in
variably instructs its attorneys to apply forth
with for patent And on this case of "Barden
ct al, hangs the destiny as to ownership of
hundreds and ! might say thousands of mines
in Montana. To illustrate the injustice of the
Sawyer decision, let take the Champion
county. Montana. At the time the survey was
made the immediate district contained paying
placers, but by some oversight the district was
not reported as mineral. The Champion was
located on an odd section in the same district
and after years OF development the stockholders,
believing that by the exclusion OF mineral lands
in the grant to the railroad, they had a legal
right to the mine, they went ahead and erected
large reduction works and are now working ore
from the mine, reporting the result OF last
weeks run at 1900 ounces But in order to
bring this mine to the front they had to borrow
money, some of which they still owe. There
fore should this decision be ia favor of the
railroad, the Champion and all other gold and
silver, copper and galena mines, whether de-
veloped or not, would pass into the hands of
this gigantic corporation.
Now it is generally well known that mines are
rarely found in lands suitable for agriculture,
and that they are usually found at such alti-
tudes that the timber growth Is so small az to
De OF little or no use for commercial purposes.
1t is equally well known that the railroad COM
pany has slept upon its grant, hitherto applying
only Tor patents Tor land valuable for cultivation
or for timber. and for the latter only when con.
yenient to market and then only when its real
value could not safely be removed without patent
thus avoiding the liability to taxation except
ing only in the cases referred to when valuable
mineral discoveries are made on odd sections.
We now come to where we as residents of
Washington should feel lively interest IN the
result of this contest Western Washington In
the vicinity of the Cascades is proving to be
vast mineral region and the land where most of
the discoveries are being made is unsurveyed.
What encouragement, then, has the prospector
to go out in search Of paying mines when, after
months. perhaps years, of toll, he becomes
the possessor of valuable property only to
find in the end that he is on odd section, In
which case, should sawyer's decision be con-
49,
reap what he had sown. In this way
the railroad company might add mining
to its other industries, but as to it ever develop
ing any OF our mining resources, we think the
chances are slim. The writer recently examined
silver mine on one of the railroad grades in
this state that had been uncovered by the COM
pany, showing a well-dehned vein of about ten
feet in width and showing fair average assay
for the surface in silver. The ore was evidently
considered to be common rock, until some pros
pectors tested it and found 1t to contain silver
The question now arises, as il is on the right-of
way, to whom shall it belong? Your quotation
from the speech of Colonel Sanders in the Sem
ate, although Montanian, is only in the line of
Judgs Sawyer's decision, favorable to the rail-
road company, and was not surprise to the
friends of the miner, as he, although an able
man and astuts lawyer, had tor a number
of years prior to his capture of the senatorial
toga. through sharp seheming, been draw
company as its attorney, and 1t was hardly to be
| expected that he would go back on his former
| client so soon in the game.
In conclusion then, what rights have the peo-
pie, and what rights have the railroad company?
| Should the railroad company not be required by
| the terms of their charter to acquire title to
| the land before it is proven to be min
| eral, and pay taxes thereon as others do
or be forever debarred after such discoveries are
made? Our government once issued land war
rants to our ex-soldiers, good for 160 acres of
land from any part of the public domain, but
the holder OF q warrant, though he may have
been its possessor for months or years, could not
interfere with the rights OF squatters settlers
| on such domain, though such rights had been
| acquired after he came in possession of the war
| rant and before his effort to locate Hence We
| conclude that, as the charter excludes from the
| grant mineral lands OF certain kind. it would
| neither be just, right good policy to issue
| patents 10 the railroad company for lands known
| 20 be mineral, when such Issue would be abso-
lutely contrary 10 the letter and the spirit of the
| grant, and we conclude that until the railroad
| company secures patent, the prospector has the
| same rights that the squatter and settler had in
| the farming regions prior to location of Land
| warrants. Let this decision go in favor OF the
| railroad company, and those OF our descendants
that may live at the end OF the twentieth century
| will find vast quantities of lands in the Cas-
| cades unpatented and unproductive as a source
OF revenue. unless the hardy pros pector develops
| mineral wealth therein.
Ii is a fact that this case has gone to the high
est court for adjudication, and also that the
| ablest talent has been engaged TO defend the
rights of the people and the fact stands forth tha
| we are in the same boat with Montana, and
| should manfully speak out in defense of our
rights, even to the extent of being heard Of
| As