The record-union., 1897-08-20
AN IMPORTANT SUBJECT.
DOES a PATENT TO THE RAIL
ROAD CONVEY MINERAL?
Latest Decision of the Matter by
the Department OF the Interior
commissioners Decision.

The question as to whether a patent
issued by the Government of the
United States in pursuance of a grant
TO a railroad company, which grant by
its terms excepted the mineral land, is
one of public interest, and especially
in view Of the liability Of the discovery
Of mineral on land after it has been
patented The latest decision Of the
Department of the Interior on this
subject was rendered May II, 1897, by
Binger Hermann, the present Commis-
sioner Of the General Land Office.
The decision is comprised in a letter
from the Commissioner of the General
Land Office to the Secretary Of the In
terror, and its recitation of facts. state
ments of parties, cause of action and
the conclusion of the Commissioner
himself are so clearly set forth as to
need no further introduction by the
Record Union" It's citation of au
thorities viii be found TO be compre-
hensive. The letter is as follows:
Department of the Interior. General
Land Office, Washington, D. c., May
81, 1897:
George H. Gushing, J. P Smith,
George Warren, Michael Flynn and
William Woodburn, plaintiffs, VS.. the
Central Pacific Railroad Company and
the Virginia and Truckee Railroad
Company, respondents and defendants.
Denial OF petition for suit 10 vacate
patent recommended.
The Honorable. the Secretary of the
1nterioT-Sir: I have the honor to
submit herewith in accordance with
instructions a report on the petition of
George H Cushing ct al. for permis-
sion to institute in the courts of the
United States having jurisdiction, a
suit in the name of the United States
to have patent issued to the Central
Pacific Railroad Company for the
southeast quarter of the southwest
quarter and the southwest quarter of
the southeast quarter of section y,
township north, range 21 east, NJ. D.
NJ, set aside because of the alleged
mineral character of the land.
The said petition is in substance as
follows:
l. That petitioners are the owners
of a placer claim 1900 by 1000 feet in
size, located December 8, 1891, known
as the Gushing placer upon which val
liable deposits of placer gold have been
discovered in sufficient quantities to
pay lOE " AOIkluS same
. That petitioners are the owners of
quartz mining claim 1,500 by 600 feet
in size, located October j.. 1892, known
as the Sugar Loaf Gold and Silver Min
ing loca ton, upon which a vein or lode
of mineral-bearing rock has been dis
closed. That said lode claim is upon
a portion of what is known as the
Brunswick lode, from which last named
lodi
Of gold and silver have been extracted.
3. That petitioners have complied
with the law in regard to the perform
ances of the annual development work
thereon.
i. The petitioners have constructed
line Of sluices within the placer claim
and have opened the ground by means
of cuts out of which they have obtain
ed placer gold in valuable quantities
=. That petitioners have run an open
cut and tunnel upon said quartz claim
about fifty feet in length exposing a
ledge two to three feet in thickness.
&. That said claims are within six
Mile Canyon" and upon the southeast
Quarterof the southwest quarter and the
southwest quarter of the southeast
quarter of section ~, township II north,
range u east NJ. d. NJ. which land was
patented to the c. P. R. r. Co on the
- OF --, 1876, said patent re-
serving 'all claims to the United States
Of the same as mineral lands''
Z. That the whole of said tract is min
eral land, and of no value except for
the mineral it contains.
s. That since obtaining patent the
Central Pacific Railroad Company has
conveyed the land to the Virginia and
Truckee Railroad Company.
In an ex parte statement filed with
the case Mr.. Gushing states that within
the boundaries of the placer claim there
is a bank of ore-tailings estimated to
contain at least 800 600 tons, with an
assay value of about 5000 per ton Of
gold. silver and quicksilver.
Petitioners accordingly ask for per-
mission to sue in the name of the
United States to annul, cancel and set
aside the patent because said tract is
mineral land.
The said petition is sworn to by the
petitioners, but no service thereof ap-
pears to have been made upon the pat
entee or its grantee.
An examination Of the records Of the
office shows a survey of this township
Q7 n. 81 f. NJ. D. NJ to have been
approved August 81, 1861 the follow
ing return as to the character of the
lands being made therein:
This township is a rough. barren.
volcanic country; the south of the town
ship contains gold and silver bearing
quartz veins the Great Con1stock Lode
passing through sections 2O. %. 81 ami
80" It further appears from the rec
ords of this Office, however that the
Central Pacific Railroad Company.
among other tracts, selected the south
half of the southeast quarter and south
west quarter of said section p. town
ship IL north, range 21 east, N. D. NJ.
and a hearing was held at the Carson
City Land Office on April 10. 1873, TO
determine the character OF the land.
From the testimony submitted at said
hearing this office. by decisions dated
May IA, 1878, and August -. 1873. de-
cided said tracts to be non-mineral in
character.
Thereafter. upon December >, 1876,
the said lands were patented TO the
Central Pacific Railroad Company.
1 do not find any allegation in the
petition for vacation Of patent that ths
said lands were known 10 be mineral at
or prior to the issuance of patent 10
the railroad company; petitioners ap-
pearing to base their claim upon dis
eoveries and locations made in 1891
and 1892. fifteen years after the is
suance Of patent.
1t is true that the south half of town
ship il north, range u east. within the
limits of which these lands are situated.
was returned by the United States Sur