The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-03-02
RAILROAD CANNOT
GIVE LEGAL TITLE
Humboldt County Situation Is
Fraught With Many Nice
Legal Knots.
NO MINERAL LANDS
PASSED TO COMPANY
Yet PrOSpectOrs Hesitate TO De-
yelOpe Fine Resources of
That County.

There are additional view points In
volved in the condition of the large tracts
of mineral land In Humboldt county.
New. that are apropos at this time, whom
much is being said about tho attitude OF
the Southern Pacific Railroad company.
which crosses tho county. 1t has been
said by way of objection to the refusal
of the railroad company to give title to
tho mineral lands controlled by 1t that
the company is keeping back the develop
ment of the enormous mineral resources
OF the county. This may be true, yet the
railroad company is up against a row
Of stumps in the premises in such a
manner as to place quite a different light
upon the situation than any heretofore
suggested,
Company Cannot Give Title.
In granting lands To the railroad COM
pany, the Government did not give any
rights TO mineral lands, whatever When
the huge slices OF Humboldt county were
turned over TO the company no one knew
Tor certainty that the land was In the
mineral class; at least. this may be the
case more frequently than the exception.
The question then naturally arises, IL
the railroad company has no legal title 10
mineral lands, can or should the com
pany dispose OF such lands? The COM
pany certainly would be indispoSed to
place reasonable valuation upon lands
and then guarantee the tide TO them un-
der the conditions.
Cannot Stand Litigation.
Prospcctors and operators are unwilling
tc enter the land and develop property
without some positive legal rights There
Is nothing TO prevent the railroad COM
pany from bringing lot of ruinous legal
actions to prohibit the extraction and
shipment OF ore from such grants and
even were the proceedings TO terminate
adversely To the railroad company. the
ordinary prospect is entirely of too young
u class TO maintain successfully u Siege
OF expensive litigation.
Two Methods Volunteered.
The railroad company is uncertain as 10
the best mode OF procedure In the
premises. The lands that could and per
haps should be Chased as mineral could
again be converted into Government lands
by perhaps. expensive and time-con-
Suming methods. This Is one mode.
or the railroad company could place
reasonable valuation upon such
lands. requiring such work or develop
ment TO be done required by both the
National and State laws before any title
could pass TO the operator. In this way
the railroad company could not object to
mining operations nor could II share I'm
the results. and the laws covering mining
operations might thereby be so satisfied
as 10 create an estoppel on the part OF
the Government.
Quick Remedy Necessary.
The situation involves some decidedly
fine and pretty legal questions, which
must be solved sooner or later. the sooner
the better Each months delay Is scrv-
Ing to make more unbearable the de-
plorable conditions that are keeping
tho rich resources Of that portion OF
Humboldt county locked within the stub
born earth. Something should be done
and II the railroad company has Illegally
but unintentionally barred those who
would develop the lands that should be
open TO the public, that fact alone, 10 say
nothing OF the resulting tremendous bcnc-
fits 10 the railroad company a common
carrier, should urge the company to un-
rayel the tangle Mt once.