The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-10-27
aGINERAI AND INDEMNITY LANDS
Some Gulines OF the Interior Department
Net Sustained by the Courta

Some 1ulings OF the Interior Department
Net Sustained By the Courts.
WASHINGTON. Oct 28.-The recent decision OF
Judge Caldwell OF the United States Circuit
Court ut Fargo in regard to mineral lands in
railroad grants 10 OF much importance. It con-
iirms tho title Of the Northern Pacific road to
lands granted to It by Congress and not known
TO contain mineral when the general map of
its proposed route was filed. although these
lands may haSs since proved to be rich In
minerals. In this report It overrules the views
OF the Interior Department: and It overrules
tho Departments views also In reference to
titles to indemnity lands by holding that the
company has fec simple in such lands which
the Interior Department had denied.
The Interior Department had occasion to
consider the former point in the case brought
before 1t BY tho Central Pacific Railroad Com
pany against Valentine. The acts Of July l.
1882 and July 2. 1854. provided that all min
eral lands should be exempted from the opera
ton OF tho grant to the company. Tho arSu-
ment OF the company was that its rights ut
tached when the line OF its road was definitely
fixed. so that lands not then known to be min
eral lands would pass under grant: but II
was held By the department that the discovery
OF the mineral character OF land at any time
prior to the issuance Of patent therefor ef.ec-
tually excludes such lands from any railroad
grant which contains provision executing all
Mineral lands therefrom.
The first annual report OF Secretary Noble
mentioned that there had been suspended in
the General Land OfIlce railroad selections in.
volving 5.581.207 acres upon tho question
whether the comrancs should be required to
furnish a certain Kind Of affidavit. The Sec
Rotary proceeded to explain that the lands In
VOWED we're those lying within mineral belts:
AMI aaas ss. insa n rS
so.n ne ss Of ?, .n "s
rGas the ssT asTn rse!r to tra. part o,
gree tho central Pacific and SO athern PacIic road.
o.. .r Thss
po.as ws a IF. ,n s mas Inv
sn sy ,s. az ea'p or " s;
nss 10 is for % ,ss:
A, It fuit er. appears that many OF tho selec.
tlo o, made by the railroads under their grants
na sgt tha
o.! additional positive affidavit, similar to the
tbs fSat tnn~ settlers on
the "a. land In question was, not mineral land.
rhis sfl b the 5Iar3sds refused to give
then existing. and that accordingly those Sc
IeGt3hs were already valid in that respect. and
might perdhapss DO snsge:tsd that the
nee to 5di eSxt soe kha roa
fS sdaSs Of prvate setsers s tGae tSsir
. =. IT,, These attidavits may usually amount
them to be mineral II the Government de- S.
hold such lands as it's Surveyors s night sur.
mise to be mineral, from their situation and
surroundings. until further Investigation could
setting aside claims to lands on which minerals
should thereafter be discovered. But the
tracts: while the latter. would be likely to
tan Me- SoSe ms nses s b t90 tb
sisi9n OF the Land Once is that where entry
has been made in good faith ns agricultural
The current decision Of Judge Caldwell |
considerations analogous TO- those Just mem
tened dM Besides even we're Congress to enact
hsy s Gr ths ysTs qf aH sst
On a5eady made nd all eEont Judge
on the lines 81 it, route Witch were not PE known
to be more valuable for mineral than for agri- |
seea see ss Ssts
heep d!;eoycrcd On those sections subsequent |
the rsGoad must greatly pHot By ths
Secretary Villas in his final report noted that
4
MS predecessor; revoked executive Withdraw.
the case Of most OF the railroad companies
He mentioned. however. that there were cases |
where the terms OF the act OF Congress pre- |
vented the withdrawal! OF indemnity lands, and |
added these considerations:
Tho quantity OF the designated sections found in |
place that IT, as they lie on the surface Of tho earth
within the lateral limits Of the road. Is the sum OF
granted lands per mile to railroad-not the full guam.
t,ty named in the grant This Is the general rule:
place.
its charter the right to select indemnity lands any
at any points, that II there be deficiency in Minnesota
the right OF selection to make loss good all
indemnity lands from Wisconsin TO Puget Sound re-.
gardless OF the political divisions OF States Terri
tories.
He further noted that the grants to the At
lantc and Pacific and Southern Pacific roads
were similar to that Of the Northern Pacific.
and that like claims were set up by those COM
panies
to hold that the grant to the North
ern Pacific Company is one Of quantity" and
applies to the indemnity as well as the place
lands. SO that the former ore held In fec with
cut dependence on the approval! OF the Interior
Secretary Mobiles next report may further
consider these questions.
A Man Eaten by Tiger Sharks.
To THE EDITOR OF THE SuS-Sir: With ref.
erence to the article on sharks in yesterdays