The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1895-06-10
D1sINGENUoUs.

The Executive Committee Of the State
Thursday night in San Francisco at
which it received a proposition from the
Central Pacific Railroad Company look
ing to more convenient, economic and
certain method of determining the min
eral or non-mineral character of the lands
embraced within the grant to that COM
pany.
It should be understood that the Gen.
trail Pacific Railroad Company does not
claim that mineral lands were granted.
Some years ago the Circuit Court of the
United States held that the reservation Of
mineral could relate to only such land as
was known to be mineral at the time the
rights of the company attached to its
grant. Judge Sawyer said:
"By the words mineral lands must be
understood lands known to be such. or
which there is satisfactory reason to be-
lieve are such at the time of the grant or
patent"
The learned Judge further declared that
the reason for this was that in time min
eral might be discovered in all of the
land granted, and if discovery, subse-
quent to patent, or subsequent to the
time at which the rights of the company
attached, excepted the land in which
mineral was discovered. then it might
eventually operate to eliminate the grant,
or be as broad as the grant itself, and,
therefore, "valueless as an exception"
The Central Pacific Railroad Company
prospecting and economic, operative
mining should go on. It therefore issued
. circular Notifying all parties Interested
of the decision of the court, and in this
new relation declared that persons who
had discovered mines on land subsequent
to the time at which she rights of the
attached should see to it that their titles
were made secure.
It Ii fact, susceptible of demo nstra-
ticn. that at that time and after that de-
cision was made, and when the company
appeared to have been granted lands
known to be mineral, but the knowledge
of which had come to the world after the
attachment of the rights of the company,
the Central Pacific Railroad Company
continued the policy of relinquishing
without consideration all the lands COW
cred by mines. This is the simple fact
of the situation.
Subsequently the Supreme Court of the
United States held that at any time prior
to patent the discovery of mineral ex-
cepted the land in which mineral was
discovered from the operation of the
grant Again the company adapted itself
to this changed Interpretation of its
rights, and proceeded to encourage both
the discovery of mineral and the work.
ing of mines by the exercise of the ut
most liberality toward the mining popu-
lations. In many instances it gave con-
mineral was supposed to exist, so that
the miners would be protected against
the company's title, il he discovered
mineral. It was understood that he
could surrender his contract if mineral
was not discovered and the land proved
to be agricultural. Every encourage
ment was afforded by the company to
the mining population. In all the con-
troyersies between the miners and the
agricultural claimants in the counties of
Ell Dorado, Placer, Nevada, Butte, Yuba.
Tehama, Trinity and Siskiyou the Land
Agent has declared that in those counties
the mining industry was paramount
and that mine should have preference
right of its agricultural use. This was both
lust and expedient. because it is we'll
known fact that of the populations of the
counties mentioned 20 per cent owes its
presence to mining. But busybodies, dis
pruntled politicians, miners whose chief
industry is with their pens. irresponsible
nrosnectors who want the whole country
left open and all its agricultural use IN
definitely postponed, dishonest people
who want to obtain title to timber land