The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-05-27
MINERAL LANDS IN
RAILWAY GRANTS
--1Jortant Decision by the Su-
preae Court.
TITLE TO MINERALS
is NEVER PASSED.
Circuit Court Reversed and the
Case Remanded.
Congress Had Power to Authorize
the Interstate Commerce Commits
sion to Summon Persons and Pa
pers, Relating to any Matter That
Might be Legally Committed for
Investigation.

Washington, May 26.-The supreme court
finished its sessions for this term today
and announced it's decisions on many
cases before adjourning form the summer
vacation.
One of the attorneys within the bar
was Mrs. Belva Lockwood. who was
awaiting the decision | pom her application
for writ to compel the court of appeals
of Virginia. to admit her to practice be-
fore it.
Railway and Mineral Lands.
The first decision of the most import
ant case was that of Richard v Barden
and others against the Northern Pacific
Railway company. AS a test case, it in
wolves the title to many good acres of min
eral lands on which is the line of the
Northern Pacific railway, principally in
Montana, and included in the grants of
land by the government under the act of
July 8, 1864. Under the terms of this act
mineral lands were excluded from the
grant Mineral deposits of gold and sill
yer were discovered on some of the lands
several years after the railroad had taken
possession and suits over the title ensued
The question at issue was whether the
language of the act meant that only lands
found to be mineral when the
grant was made were exempted
subsequent discoveries of the land in
which were minerals would deprive the
company of any title to such lands. The
land grants included alternate odd num-
bered sections for a width of forty miles
along the road line, embracing in all &c.
600 square miles. In the Barden case, the
circuit court of the district of Montana,
decided in favor of the railroad, the lower
court favoring the claim and the circuit
court overruling it.
Justice Field delivered the opinion of the
TODAY a
at the time of the grant of the land re-
served would not give title to such lands
and that it would not be claimed the gov
eminent had not the right to reserve parts
Of public lands in making grants thereof
The original exception of mineral lands
was without qualification and it seemed
plain as words could make it that mineral
lands known and unknown were specifi-
cally reserved to the United States.
1t was, difficult to see, on what principal
the word Known" could be inserted into
the act of Congress. The territory was
known to embrace great quantities of
minerals, including gold and silver, and in
all grants of lands to railroads, mineral
lands except coal and iron were excepted
and such grants were never known to pass
title to minerals. It vas impossible at the
time. of the grant, for Congress to know
what lands contained minerals particular
ly, considering the condition of the terri
tory. The United States could not have
meant in such an hour of distress to its
finances, to give away the title to such
imperial wealth, but left discovery of min
erals to future explorations. 1t was a
certain of rule of grants, that nothing was
conveyed by implication except what was
absolutely essential to the enjoyment of
the grants.
There is. in our opinion, no force in the
claims advanced by the PLAINTIFF (the rail-
road company said the justice, and he
added that the fact the lands had been
listed at the land Office in 1868 had no bind
ing forces. The purposes of a government
would be frustrated if by implication it
could be deprived of essential powers by
privileged corporations.
The power of the land office is deciding
questions of title were, discussed and sew
eral authorities from the supreme court
and interior department cited, among them
an assertion by Secretary Lamar. when
at the head of the department, that pat
ents had always been refused railways
to lands upon which minerals had been
discovered prior to the application for a
patent. In conclusion, the Justice an
nounced that the decision of the circuit
court was reversed and the case remanded
with direction to grant the defendants
Garden and others) demurrer.
Justices Brewer Gray and Shras dis
scented from the opinion.
In the case of Primrose VS.. the Western
Union Telegraph company, Justice Gray
re-afirmed the principle that a telegraph
company was not subject to a mistake
in cipher dispatch transmitted on a blank
containing provision absolving the COM
pany from damages.
Justice Harlan announced the decision
of the court affirming the decision of the
California courts in the conviction of
Thomas ST. Clair, of numbering the mate