The Helena independent., 1892-12-27
WHAT IS MINERAL LAND.
Important Ruling by the Secretary
of the Interior on That
Subject.
A Case of Some Interest In View
Of the Barden Con-
troversy.

To Re Excepted From Railroad Grants 1t
Must BE shown to Possess valu-
able Minerals.
| The case of the Northern Pacific railroad
against Richard T. Barden and others is to
be argued in the United States supreme
court this month. The decision of the
court is awaited with great anxiety by the
many mine owners of Montana. A decision
has just been rendered by the secretary of
the interior in case involving similar
points as those in the Barden case. 1t is
that OF William Berry and p. 8. Cram
against the Central Pacific railroad, and
was decided by the secretary in a letter to
the commissioner of the general land office
on Nov. 10 last The syllabus of the de-
cision is as follows: 1.-THE location of a
mine on tract prior to railroad grant
does not establish the fact Of it's mineral
character and operate to except the same as
such from the grant, where it appears that
mineral does not exist in paying quantities
and that mining operations have been sub
sequently abandoned"
| Twenty acres in the Sacramento district
of California, and within the primary lin
! its Of the grant to the Central Pacific. are
the lands involved in the case. 1t was sur
yeyed in 1856 and returned as agricultural
land. On March 81, 1860. hearing was or
deted upon application of Berry and Cram,
who alleged that they were the owners of
the Cram and Berry quartz mine on the
land IN dispute, that it was located in 1854
| and was very valuable. and that they had
ever since had possessory right to the claim.
The register and receiver of the Sacramento
district, on June 26, 1880, united in
decision in which they found
that the land possessed positive
value for agricultural purposes. and
little or mono for mining; and that the
patent for it should issue to the Central Pa
| oific. An appeal vas taken to the general
land office. and the commissioner, in his de-
cision, declared himself satisfied that the
petitioners had shown, by a clear prepon-
derance Of the evidence, that there was
we'll defined vein or ledge of quartz bearing
gold extending throughout the entire
| length Of the claim. He ordered the can
collation. of the railroad selection to the ex-
tent of its conflict with the quartz claim,
John FL. Tong the purchaser Of the Gem
trail Pacific's interest In the land, appealed
| from the commissioner to the secretary of
the interior.
Numerous decisions are quoted by the
secretary of tine interior in overriding the
missioner of the general land office
and sustaining the register and receiver OF
the Sacramento district. In one made by
the land Office (Tinkham vs. McCaHray) it
was held that "a contestant who alleges
the mineral character of land that is prima
facie AGRICULTURAL must show affirmatively
the existence of mineral in sut1olent guam
tity to make the land more valuable for
mining than agricultural purposes" In
the case of the Royal X. placer. another
land office decision, it was held that wher-
ever the character of land embraced with
in mineral application is placed in ISSUE
it must appear as fact that mineral can
be secured from such land in paying guam
ties. The supreme court. the secretary
saws. has considered the subject. and while
it has not determined what amount OF
gold will constitute valuable deposits. it
indicated in United States va. Iron
Silver Mining company. that the
deposits must be Of substantial
value, and such as can be
secured with profit. One of the latest ex-
ptessions of the United States supreme
court upon the question, was in the case OF
Davis v. Wiebbold. 1t expressly said that
t that the exception Of mineral lands" from
grants in aid of railroads is mot held tc
exclude all lands in which minerals may be
found but only those where the IMMORAL is
in sufficient quantity to add to their rich
ness and to justify expenditure for it's ex-
traction The other decisions quoted are
those of the land office and of state courts
and are of similar tenor.
The secretary saws his department hat
determined thnt it is not necessary tha
known mines" should exist at the time o.
Il the grant, upon lands within the limits of 1
= rail Dad grant, in order to except suct
~ lands f ON the opes alton thereof, but tina
It 1.-THE discovery of the mineral character o
land at any time pior to the issuance o
= patent therefor, or certification where pat
;. ent is not required, etfectually excludes
'' such land from railroad grant which con
It tains o provision excepting all mlnera
lands therefrom." This was held in this
y case of the Central Pacific Railroad com
:. pany We. Valentine.
!. The evidence submitted by the minera
1t claimants was that from $4,000 to ZOO
had been expended on the land comprisin
at the mineral claim, in development work
and that i'll the years 1876 and 1877 abou
81 900 worth of gold was mined there. Con
tlnuing the secretary says: According t.
the authorities cited, the fact that Il min
70 has been located upon the land in question
q: prior to the grant to the railroad compan
" did not establish the fact that it was min
ia eral land within the meaning of the grant
3. as construed by the department, and by tn
r courts which have considered the subject
Nv The minet al claimants in their application
ii for a hearing to deter mine the character O
,h the land, alleged that their mine was yer
q valuable, but their evidence upon the tria
A. failed to show that working 1t was profit
4. able. In fact it was shown that more tina
iii two dollars had been expended for ever
.is dollar secured from the mine, and that fc
e. the twelve years Immediately preceding th
al hearing no attempt had been made t
work 1t.
''rhs prer onderancs Of the evidence
is, that the mino upon the land is pockt
d mine. and that the result of the require
labor is too uncertain to warrant furthe
:. operations. This is the opinion of Ton
e'' and all of witnesses. and frc IN the fact th
the mining claimants have ceased for
many years to work the mine, and have q
lowed their mining structures to becon
LIB valueless, IL would seem that they ha
Re reached the same conclusion.
mo From all the facts and circumstances
up the case concur in the conclusion reacht
'e- by the register and receiver, that the lar
in question Possesses positive value +
:. agricultural uses. and possesses little or L
~ ~ value for mineral purposes. The decisit
for appealed from is therefore reversed"
The A. ii. Nelson, of Nelson IL Settles Lar
nd attorneys, regard the above as one of L
m most important decisions yet handed dow
:, 70 by tho secretary of the interior in q miner
~ land case.
Tel-
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al monicAs, jews harps. chime bells. china TO