The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-03-01
BROAD RULING
OF THE COURT
Decision in Which the Entire
West Is Interested.
WHAT ARE MINERAL LANDS
QUESTION SET AT REST IN A RE
CENT OPINION.
SPECIAL Correspondence

Washington, Feb. 23.-The supreme
court or the United States today de-
cided a case which is of the great
est Importance throughout the states
and territories of the west in which
railroad grants are located. These
grants, made from 1862 TO 1870, n-
elusive, uniformly give to railroads
every alternate odd-numbered section,
mot mineral" etc The question early
arose whether excepted mineral lands
included only lands containing gold,
silver and c0pper-lands containing
metals-or whether the exception in
cluded also lands chiefly valuable for
oil, asphaltum gilsOnite. marble, gram
lite, Jasper. soda. graphite, alum, DoraX
and other nOn-metallic substances. In
the earlier days of railroad land grants
but little attention was paid TO this
question. gold and silver being the
only minerals which We're then sought
after I'm the western country; bat later,
as the country settled up. and as dis
cOveries were made of oils and r0ssil-
ferrous substances IL became impOr-
tant determine whether the lands
chiefly valuable for them were also
excepted from railroad land grants as
mineral lands.
The question was presented 10 the
land department Of the government
i'm 1886 and was held by Hon.
Holze Smith. then secretary. Of che in
terror, that excepted mineral lands in
Guided only metallic minerals The
western country, however, was 1ot sat
istied with this ruling, and the matter
p
the secretary Of the interior. ut Lat
time Hon. Cornelius n. Bliss. He
referred it to Assistant Attorney Cen
eral Van Devanter, and that officer
held that an mineral lands, whether
containing metallic substances or other
minerals, were equally excepted from
these grants and remained public lands.
Since then this ruling has beel uni
formly followed by the land depart
ment
The railroad companies were not sat-
isfed with this ruling, and they insti-
tuted litigation, contesting the right OF
mineral claimants who had located
marble, granite, and other non-metal-
lie substances. under the mining l3Ws.
and on Odd-numbered sections within
the limits of these railroad land grants.
One OF these cases was recently
brought to the supreme CO Irt of the
United States. The case arose in tne
state Of Washington, and the paTticu-
lar substance in question was valu-
able ledge Of granite Of high commer-
cial value.
AS the case was presented to the
supreme court the Northern Pacific
Railroad company was on one side and
a mineral claimant named Soderberg
was upon the other. 1t was readily ap-
parent that the case was OF taomentous
Importance throughout the entire west
ern country where railroad land grants
lie. For this reason Assistant Attorney
General Van Devanter obtained permits
sion of the court to intervene in the
case on behalf Of the United States.
The court granted a reargumeEt. in
which Judge Van Devanter was per-
mitted to participate.
Today's decision holds that the word
mineral" in the exception clauses OF
these railroad land grants includes
every sort IF mineral whether metallic
or nOn-metallic. and that ali lands
chiefly valuable for their mineral de-
pOsits. whether Of metallic substances
or oil, asphaltdm, marble, granite etc,
are excepted out OF these grants. and
remain public lands subject to the op-
Grafton of general mining laws
This decision viii be of great interest
and advantage TO oil claimants an Cali
forEia. Wyoming and elsewhere, and
will enable them TO hold their claims
on odd numbered sections in railroad
land grants wherever they are shown
10 be chiefly valuable for any mineral
deposits before the time for issuing pat
ents