The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-05-13
MANDAMUS WRIT GRANTED
by the Supreme Court In The Colqultt.
1ignOr Land Case.
OBJECT OF SUIT TO TEST MINERAL LAW
In the Absence of Survey OF the State
Lands--Land Commissioner In
strueted as to Sale Of Lands.

| court To-Day granted the writ OF mandamus
in the case OF the Colqultt- rignor Mining
company TO compel the land commissioner
TO issue a patent TO twenty one acres Of
mineral bearing land In brewster county.
The object OF the mandamus was to test the
mineral law in the absence OF a mincraloE.
| lcai or geological survey aud 10 have an uu.
/ thcrltatiye decision on the various statutes
I providing for the sale OF lands as mineral
/ bearing in connection with those providing
( for the sale Of land TO actual settlers.
! In substance, the court decides that when
the commissioner has knowledge from any
source that land contains valuable minerals
! It shall he sold under the mineral law as
mineral land.
The opinion was delivered by Associate
Justice Williams. and he states IN part that
the rcator relied on the act OF 1915, and
that IN 1883 a land board was created ard
charged With the duty OF selling ;hc mtn-
eisl lands and at the same time dis2oslnS
OF the mineral In them, In 1887 an act
was passed dcysng u general scheme for
dtsposlng of all public lSnd and required,
with few exceptions. that sales be mado
Co actual settlers only, aud no provision
was made for the sale or disposition OF min
erals or mineral lands ms such The land
board was abolished, and the sale OF all
lands was vested IN the mud commissioner.
Inc legislature subsequently paSseh othet
HtlS Whlth sought 10 i'EnHlt lhc fulc ol
mineral lands. hut no material chanse was
made.
sections ana or the act Of lNh ere
quoted, ana inc court says. " npoh
lh'Sc provisions that Respondent cohleh'
tiuu Is chiefly based. It Is that the rcserVu.
ion of these mineral innds only which
nave been deslgmied az such IN Ire man,
ntr provided for IN the second section, aud
that this IL mndc clear by the addition In
the act of 1879 OF IN words specially IN.
ciHayd under the operation OF mis- ~,
lahIs man those afterwards required To ne
So designated and by the USE In the second
section of both statutes Of the words TO
designate such tracts as are Apparently
mincrnl-bcuriug as mineral lands for he
purposes NJ this act,
81 Is admttcd that the law thus con
the State and to private individuals. 10
the State hecause uudcr the construction
Pll lands which have not been so designated
huNe been and are yet left open tp pur.
chase under the law regulating sales VI
agricultural, grazing and tiulbcrca lAnds
" the comparatively small price aNed un-
an'hl loss "a the several inhds to whlci
me lands belong TO an minerals In them.
even though the presence. Of valuable an
individuals hccguse It at once DESTROYS all
nfi,,ns , vi"tnS iVoal'I nn9 9lcu m me nnd
they .Te located ON iaIds moi desieni,,d Ia.
tho required survey. Tho intent
amu t nv, nrun,hS al me statute must ne
sicns Inn when Tho n,S"ufn, "c Il t'Tn
guace rs uncertain nothiufs aNcrA. +, iot'c,
guide To lis IntrruretntInn ma eo,,st,,,c' Ion
tbnn mo eoncroi gcono and m,,r,,,, t M,
law. We have seen ybHi tb,, ,.c ,nI
when We onnroocb tho ronetrr,tlor ,
ilculnr provisions with me lirhl which i'rv
afTda most OF tho dIiYicuitv yguishra'
What lands contnininp t9innhic
mineral deposits .yerc thus .sneci,,ilv In
ciudedT There ls nofbing in tbo drsi 600
tion ia indicate tbnt Tho lands vybirb
should afterwards be- Designated hv am
vey were the only ones ON which tho ie,y
WINS ~ operate. nor is there IN rho 3, snt,d
section. providing for the survey NIN thipr
10 show that the lands So surveyed we're
the ones referred 10 as specially Included
undcr the operation Of the statute IT
requires a consideration Of the whole stat.
utc TO determine what lunds are mineral.
bearing"
he court holds that a survey ig not he
ouiv evidence by which the land comnls
err or not land Is mineral bearing.
M 49, "np'S,niion TO intervene ny x A.
adycrs",r to ne sts Tn''I INC ,nil'u'n, Is
scbopl fund 70 q great extent ms the min
cral-heaIlng land soils for si5 and So per
"''''' "'"'' ''I'S arc 'un'p 'heater.
The court also answered. tbc ccrtiood
onc.llon In tho coac NJ mo ,rlssour, L
N"'''' -" '"' '".' ~ t"' Ni'HN'hrl' nan
sas and Texas Railway vs.. w r. Carter y
Brother ct vi, from Polk county, involving
the question OF contract ana d.r,o.n,
ho,,.noo dix C,.,,. .1
W. "r.u lhH "ri'is ana me k9iy. after
tHT lU''cr 1u" purchased INC TRINITY ana
n"Ut1r ''uu' 9Wl'La engine ttl hfe 70
tbo Xiv W.,s sned rn ,.I, n"'a''h Una
,,n,,t r sMt.!o ON i"l ualnGars 10 TX
in,'"uil "l $1,000, nua were charged WIN
m 'rSlwhSl'r lol utt lVas