The herald., 1897-09-11
LAND GRANTS
Do Not Include the Min
eral Lands
MARBLE IS SUCH A MINERAL
AS TO BAR RAILROADS FROM
TAKING TITLE
MARBLE IS SUCH A MINERAL
CONSERVATION Caused in Land-0rant
Railroad Circles by Decision
Of Secretary Bliss
Associated Press Special Wire.

Associated Press Special Wire.
ST. LOUIS, Sept 1O.-A special to the
Globe be-Democrat from Washington says:
Secretary of the Interior Bliss has rem
dered a decision which affects all the
Western railway grants. The case on
which the decision was made is that OF
the Pacific Coast Marble Company VS..
the Northern Pacific Railroad Company
and State of Washington. 1t involves
the title to marble lands In the State of
Washington, a portion Of which was
claimed by the State of Washington as
a part of school grant. The question
involved was whether marble is mineral.
within the meaning of the mining laws
and also under the termsof grants to the
railroad company and the State. The
Secretary decided, after an exhaustive
review Of former decisions by Land
Commissioners. Secretaries Kirkwood
and Teller and various State courts,
that marble is a mineral within the
meaning of both the mining laws and
grants. and Is, therefore, not subject
to selection of patent to either railroad
companies or State under the terms of
their grants. The Secretary also 6ecid-
ed that this ruling applies to- all SUBJ
stances known as mineral by the rec
ognized 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 mineral purposes, and is far
reaching, in that it affects lands along
the lines of nearly all land grant roads
in the United States.
Mineral lands, as defined by the Re-
vsed Statutes of the United States, and
declared to be available for sale to indi-
viduals in limited parcels, in order that
their resources may be developed, are de-
scribed as Mining claims upon veins or
lodes of quartz or other rock in placer,
bearing gold, silver, CHINA bar, lead, tin,
copper of other valuable deposits here
tofore located"
Ever since the present law, quoted
above, has been in operation (more than
.25 years., the Department of the Inter-
for has permitted settlers to settle on
lands containing deposits. which, while
not legitimately 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 are hundreds Of industries wrought
out OF or based upon the natural re-
sources Of the land which the govern
ment permitted settlers to take. Some
Of these industries, valued at millions
Of dollars today, draw their raw material
from lands regularly filed upon and,
awarded by the government to its citi-
zens, upon whose energy and ingenuity
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 metalliferous. They are
asphaltum, petroleum, mineral hydro
carbons, borax, amber, gypsum Gland
and plaster Of paris), limestone, marble,
diamonds, clay nitrate and carbonite of
silver, sulphur, alum, kaolin, china clay,
phosphates, building stone, stones of
special commercial value, coal, and slate
for roofing.
The railways have bene confident that
Secretary Bliss would sustain the views
placed by the Commissioner of the Gen
eral Land Office. The sweeping reversal
will result in their temporary consterna-
tion, and they will appeal to the United
States Supreme Court, which is now the
only alternative left to them.
AN OPINION GIVEN
WASHINGTON, Sept. 1O.-The Secre-
tary Of the Interior has rendered an
opinion in the matter of the, adjustment
of conflicting claims of the Atlantic and
Pacific and Southern Pacific railroad
companies land grant from Needles to
Mojave, California, sustaining the con-
tention of the Southern Pacific.
RAILROAD BUILDING
PHOENIX, Ariz., Sept. 10.-Another
railway cons struction declaration, filed
with the territorial secretary in time to
secure fifteen years tax exemption, is
that Of the Phoenix, Globe and Copper
Belt railroad, to build from this
city to Globe, a distance of ITO miles.
The incorporat tors, all Of Phoenix, are:
J. A. Kurtz, E. A. Powen, E. S. Wake
lin, D. A. Abrams and S. r. H. Robin
son. This is the third separate corpo-
ration organized for building a rail-
road over the route indlcatedL
Additional notification was filed by
United States Attorney Ellinwood for
railroad from Florence, Pinal county, to
Casa Grande, on the Southern Pacific
railroad to be a branch of the line from
Phoenix to Globe, indicated by AIN in
tention notice filed by him several days
ago.
THE VALLEY ROAD
VISALIA, Cal, Sept. 1O-The regular
passenger and freight train service on
the Valley road between Fresno and
Visalia was inaugurated today.
Saved His Bible
NEW YORK, Sept. 1O.-Frederick w.
Whitehead, porter In tea store. has
fallen heir, according to rumor. to a for
tune in England amounting to s117 900
left by maiden aunt. While he was but
70 old he To