The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-10-25
THE MINERAL LANDS.
Important Decision by the United
States Court of Appeals at
San Francisco
The Right Of the Railroad to 30
Given Notioe by Mineral
Claimants.
1t Il Not Necessary That ths Corporation
10 Personally ~Notincd-An Import
ant Ruling.

"A votV III VoNV
Gao, nror mineral lands in odd-numbeEsd
sections within the railroad grants Of this
state has been decided by the United States
court of appeals In a case from Ems state.
II is we'll known that the land grant rail-
road companies claim title to all mineral
lands In odd numbered sections OF govern
ment grants, tho mineral character OF
which was not established At the time OF
the grant. The railroad company 10 up
held in this position BY tho decision OF
United States Judge Sawyer. who ruled
that the clause In TIE land grant excepting
mineral lands did not obtain in cases where
The mineral was discovered subsequent 20
Tho grant. In instances the officers OF the
United States land offices have refused TO
proceed with . mineral application where
Il covered = parcel OF an odd numbered
selected section within the limits Of a rail-
road grant without the issuance OF 4 direct
and special summons TO the railroad com
pany. or the production Of an abandon
msnt from tho railroad company.
Tho rule has been settled beyond any
peradventure BY the decision Of the United
States court Of appeals In tho case OF sns
Northern Pacific Railroad company vs..
Cannon 81 a., 81 Fed. Rep, 252. reported
by Edward A. Beloher.
In that case the railroad company filed q
bill in the United States eircuit oours for
Montana to quiet sitls for . parcel OF An
odd numbered section Of It's land grant.
The grant 10 Tho Northern Pacific Railroad
company, a. In she case with Oil OF me
land grants TO railroad companies on she
Pacific coast, excepted mineral lands.
The bill alleged that by the federal survey
the land in question had been returned as
20 rioultural in character; that the ccmpan
hlsd It's map OF gene al route sso. q; io' :
1882; that on Aug. %. 1878. the defendants,
pretending that the land was valuable for
Che precious metals contained within 1t.
application to the United States land
Office TO purchase the land as "m'nera!
land" that the officers of the land depart
mept gave the customary notice OF said
application by publication and posting. and
none other; that afterwards such testimony
was taken and such proceedings had touch
ing suoh application and the alleged shar-
sotey Of said land as mineral land" thst
the officers of the land Office permitted the
defendants to inter n pay for said land
% ''mine1al land" and hat afterwards q
patent for said land as mineral land" was
Issued to ths defendants by the United
States: that the company had no actual
notice of the patent proceedings, and did
not know Of such application until long
afterwards, and had no opportunity to
make q contest OF show the character OF the
land.
tanned. and on appeal the United States
court of appeals said:
Appellant (the railroad company claims
shat no notice was given personally 10 1t.
The law does not require any such notice
to be given. The notice required BY SEQ
tion 1926 is . general notice to all persons
who might from any cause claim any in
teYest in the land. Under section 1896,
Rev. Stat. U. g.. provision IL made ia CASE
of q contest a. to the land. whether aRti-
cultural or mineral. aud II appellant had
desired TO contest that question il had the
opportunity TO do so, and after initiating q
contest 1t would have been entitled to per-
after taken and to have partieiy ated
the: Elm. and offered such proofs as it might
have been able to procure as to the charae-
sea Of the land. Not having mi
tiated any suob contest it is not
In a position to complain that ii was
not personally served wish notice Of the
Vas for asrieultur.l land included in the
grant. The Defendants application was
for mineral land excluded from the grant
and open to exploration. location and pur-
chase independent of the grant. When ap.
pellant accepted the grant, and at all times
thereafter. it knew that the mineral lands
were excluded from its g1ant. and the Law
charged il with notice that mining loca-
tions and applications for patents might be
made and patents obtained therefor by
persons claiming the lands to be mineral.
The government OF the United States per
formed lis duty 10 appellant when 1t pro-
ing the character OF the land. Under the
provisions of the statute we have quoted
aud referred to appellant 1.-The railroad
company was charged with knowledge of
the notice which the mineral appli-
cant Was required to give by gen.
eral application and by the posting Of
notices upon the claim, and of ths notices
required to be given BY the land depart
nent, and having failed TO file any contest
against the defendants application. tho
question thereafter, as TO tue character OF
She land, whether mineral OF not, became a
master batween the defendants and the
government of the United States.
DO far as IL known, this decision has not
altered the practice of land Offices in this
state. II Is still necessary to issue a specia
summons TO \ railroad DOM pan or procurs
tho c~ompany's abandonment. The r~ailroal
companies are not entitled to any other no
tice of the application for q mineral paten'
than the published and posted notice
Further. it would seem to be settlsd tina
the company's title to the land il of NJ
value. and need not be purchased.