The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-09-10
IMPORTANT MINING DECISION,
TWENTY WESTERN PRODUCTS
ARE METALLIFEROUs.
Asphalturn, Borax, Gypsum and
hydrocarbons Among Them
Has a Disastrous Effect Upon
the Railroads.

ST. Louis. Sept. "a special to the
Globe-Democrat from Washington, d
c.. says: Secretary of the Interior
Bliss has rendered decision which at
fects all the western railway grants
The case on which the decision was
made is that Of the Pacific Coast Mar
bic company against the Northern Pa
cific Railroad company and the state Of
Washington. It involves the title to
marble lands in the state of Washing
ton, portion Of which was claimed by
the railroad company as indemnity for
lands lost, and a portion by the state
of Washington as part of school
grant.
The question involved was whether
marble is a mineral within the mean
ing Of the mining laws ana also under
the grants TO the railroad companies
and state.
The secretary decided, after an ex-
hauStiYe 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
selection of patent to either railroad or
state under the terms Of their grants.
The secretary also decided that this
ruling applies to all substances known
as mineral by recognized authorities.
II VIII have the effect of conining the
future patenting of lands to railroad
companies 10 lands that are more val
liable for agricultural than for mineral
purposes. and is far reaching in that
il affects lands along the lines OF nearly
al land grant roads in the United
States Mineral lands, as defined by
the revised statutes of the United
States and declared to be available for
sale TO individuals in limited parcels.
in order that their resources NAV be
developed, are described as mining
claims upon veins or lodes of quartz
or other rock in place bearing gold.
silver. cinnabar, lead, tin, copper or
other valuable deposits heretofore To-
Gated.
Ever since the present law, quoted
above. has been in operation more than
% years, the department of the inter-
Tor has permitted settlers to settle on
land containing deposits which, while
not legitifnately mineral. are designated
under the rules of the department to be
metalliferous.
Between the foothills of the Rocky
mountains on the east and the shores of
Puget sound on the west there have EaAn
hundreds of industries wrought out of or
based upon the natural resources of land
which the government PERMITTED settlers
20 take. Some Of these industries. valued
at many millions of dollars today. draw
their raw material from lands regularly
Sled upon and awarded by the govern
anent TO it's citizens, upon whose energy
Yrld ingenuity the value of their claims
Mpend.
More than 20 valuable products are en-
biaced IN the list of natural deposits
found upon these lands and declared 10
be 1netahiferous. They are asphaltum.
petroleum. mineral hydrocarbons borax
lumber. gypsum 0and and plaster of mar
is), limestone, marble, diamonds. clay. nj
Erate and carbonate of silver, sulphur and
alum, kaolin, china clay, phosphafes
building Stone, stones Of special comrner-
cal value coal and slate roofing The
railways have been confident that Secre-
tary Bliss would sustain the views
placed by the commissioner general of the
land Office The reversal viii result in
their temporary CONSERVATION and then
they VIII appeal TO the supreme court of
the United States, which is now the only
alternative left to them.
The settlers Of the nest who have de-
reioped the rich deposits of asphaltun in
Utah. boraX in Nevada, gypsum in the
Dalootas, fine marble in Washington and
fire clay and building stone in Montana
Will not be secure IN fh/Ir possessions
unless the supreme court sees ft to re-
verse the opinion Of Secretary bliss.