The record-union., 1897-09-11
A Ruling Made by Secretary Of the
Interior Bliss
In the Case of the North Pacific Marble
Company VS.. the N. P. Railroad.
Marble Is Mineral Within the
Terms of the Law-Many Mil
lions of Dollars at Stake in the
Decision, Which Involves Lands
in the State of Washington.

WASHINGTON, Sept 10.-Secretary
of the Interior Bliss has rendered
| decision which affects all the Western
railways grants. The case on which
the decision was made is that of the
Pacific Coast Marble Company against
the Northern Pacific Railroad Com
pany and State of Washington. It in
wolves the title to marble lands in the
State OF Washington, a portion of
which was claimed by the railroad
company as indemnity for lands lost
and a portion by the State of Wash
ington as part of a school grant.
The question involved was whether
marble is mineral within the meaning
of the mining laws and also under the
terms Of grants to the railroad COM
pany and State.
The Secretary decided, after an sex-
| haustjVe review of former decisions by
Land Commissioners, Secretaries Kirk
wood and Teller and various State
courts that marble is a mineral within
the meaning of both mining laws and
grants, and is, therefore, not subject
to Sele ection of patent to either railroad
companies or State under the terms of
the grants. The Secretary also de-
cided that this ruling applies to all sub
stance known as mineral by the recog-
nized authorities. 1t will have the eff
feet of combining the future patenting
of lands to railroad companies to lands
that are more valuable for agricultural
than for mining purposes, and is far
reaching in that it affects lands-ealong
the lines of nearly all land ant-roads
in the United States.
Mineral lands, as defined by the re-
of of fIa
declared to be available for sale to in
dividuels in limited parcels, in order
that their resources may be developed,
are described as mining claims upon
veins or lodes of quartz or other rock
in places bearing gold, silver, cinnabar,
lead, tin, copper or other valuable de-
posits heretofore located
Ever since the present law, quoted
above. has been in operation, more
| than twenty-five years, the Depart
ment of the Interior has permitted set
tiers to settle on land containing de-
posits, which, while not legitimately
mineral, are designated under the rules
OF the department to me metaliferous
Between the foothills of the Rocky
Mountains on the east and the shores
of Puget Sound on the west there have
been hundreds of industries wrought
out Of or based upon the natural re-
sources of land which the Government
permitted settlers to take Some of
these industries, valued at many mill
lolns of dollars to-day draw their raw
material from lands regularly filed upon
and awarded by the Government to it's
citizens, upon whose energy and inge-
nulty the value of their claims depend
More than twenty valuable products
are embraced in the list of natural de-
posits found upon these lands and de-
clared to be metaliferous. They are
asphaltum, petroleum, mineral hydro
carbons, boraX, umber, gypsum Qand
and plaster of paris), limestone, dia-
monds, clay, nitrate and carbonite sill
ver sulphur and alum, kaolin, china
clay, phosphates, building stone, stones
of special commercial value, coal and
slate for roofing
The railways have been confident
that Secretary Bliss would sustain the
views placed by the Commissioner of
the General Land Office The sweep
ing reversal will result in their tenn
porary CONSERVATION, and they will ap-
peal TO the United States Supreme
Court, which is now the only alterna-
tive left them.
The settlers of the West, who have
developed the rich deposits of asphalt
tum in Utah, borax in Nevada, gypsum
in the Dakotas, fine marble in WASH
ington and fire clay and building stone
in Montana will be secure in their pos
sessions unless the Supreme Court sees
fit to leverse the opinion of Secretary
Bliss