The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-11-01

The register and receiver of the SEN
eral United States land office in TINS
city have Just rendered decision al
fecting the title to mineral lands in
Utah that will prove to be OF great IN
terest to those who are interested IN
mining matters in this, as well as IN
other states on the Pacific slope, as 1t
appIies to government grants to rail-
roads and denies the right OF such cor
porations to claim or hold mineral
lands under such grants.
The case in question is entitled David
Leche vs. the Union Pacific Railroad
company, and involves the title TO the
east half of section 5, township north,
range west, the ground being located
in the Great Salt Lake on what IS
known as Antelope Island.
The statement Of the case, as fled
at the land office, is that the Union Pa
city company, on May %, 1885, had
filed list No. Is praying for patent for
the tract in question, claiming the same
un6er its grant from the government.
On the 18th of August, 1895, David
Ieche filed a protest at the land Office
in which he claimed that the land IN
question was mineral bearing, and that
il was more valuable for its ledges OF
silver. gold and copper ore than 1t was
for farming or for agriculture, and be-
cause of this allegation the commits
sioner Of the general land once or
dered a hearing. which was set Tor July
9. 1896. subsequently this hearing was
postponed from time to time, until the
18th OF October, when the testimony OF
-.1- 10
company presenting no evidence what
ever.
The protestant, in his evidence, stated
that he had made locations on this
ground: that he had expended consid-
cradle in it's development, and that It
was mineral bearing, as prospecting
had disclosed the existence of strong
ledge which carried good values in sill
yer and copper, and that these metals
existed in quantities sufficiently large
to Justify the expenditure of a large
amount of money in the development
OF the same. and that the land was
more valuable for mining purposes
than it was for farming or for agricul-
ture.
In their decision the register and re-
ceiver summed up the case as follows:
But one conclusion can be reached
from the testimony offered in the case,
and that is, that the land is not only
mineral in character, but is more val
liable for the mineral it contains than
for agriculture. The tract is essen
TALLY mineral land, and being such,
does not pass to the railroad company
under its grant, but is especially eX-
cepted from the operation of the grant.
Our decision is that list No. IS, by the
Union Pacific company. be rejected
In its letter aDprising Mr.. Leche of
its decision, the land Office states that
the land in question. on Antelope Is
land, is mineral in character, and there
fere exempt from the operation of the
grant given the Union Pacific company
by the government of the United States.
The statement is also made that the
attorneys of the company have been
notified of the decision, and that if
an appeal is not filed within 80 days
that the decision as rendered will be
final. ,E8i
Mr.. Leche, with Others has been en-
gagged in the development of the min.
eral deposits on Antelope Island for
the past three or four years, and it is
we'll known in mining circles that the
showing of good ore there is very en-
coura ging, especially so when it comes
to deposits of copper, and The Herald
is informed that even now there is a
good sized shipment of ore from the
island now en- route to this CITY.
This decision will be far-reaching in
its effects, and there should be no hes
itancy on the part of mining men to
locate on railroad lands where the ex-
istence of mineral in paying quantities
can be proven beyond doubt.