Lovelock tribune. (Lovelock, Nev.) 1898-1912, 1907-11-01
"UNCLE sam"
BEGINS SUIT
To Set Aside Patents 10 Mineral Lands
In the White Horse District.
Claims that S. p. Secured Title by
Conspiracy and False Repre-
ssntarions by Employees
and officials of the
Company.

4 suit against the Central Pacific
Railroad company, the New York Un-
ion Trust Company and the Southern
Pacific Railroad Company to set aside
the patents to about $4,000 acres of
land in the White Horse mining dis
trict, Nashoe county. was begun by
the government in. the United States
district court at Carson last Friday.
The following regarding the suit
is taken from Saturdays Carson
News:
The complaint is a lengthy one and
sets out that certain lands in the
White Horse mining district were
patented several years ago by the
Central Pacific railroad, the officers
and representatives of the company
being guilty of conspiracy in secur-
ing such patents. The complaint
cites that according to the act of
congress of 1862 the Central Pacific
railroad was entitled to each odd
numbered section of land along its
right of way through Nevada for a
distance of twenty miles to either
side of the track, providing that such
land was non-mineral bearing and of
greater value for agricultural than
mineral purposes. That in pursuance
of such grant the railroad patented
the a. 800 acres in what is known as
the White Horse mining district
several years ago.
The complaint says that Auditor
Mills of the railroad company made
an affidavit that the land which the
road secured patent on was non
mineral bearing, the affidavit being
made upon a statement by Robert
Fulton, representative of the road
1t is further cited that Fulton, only
spent half day in the mining dis
trict before making such statement
to Mills and when he was there mines
were in operation and also several
mills. That Mr. Fulton could not
help having knowledge of these things.
Further, the complaint says, that the
applicants for the patents, the de-
fendant Central Railroad company,
published their application in the
"Stockmen" a weekly publication at
Reno which had small circulation;
and that such publication should have
been made in the Wadsworth Dispatch
a paper of general circulation and
published at Wadsworth, the nearest
town where a newspaper was publish
ed The complaint says that the
railroad company entered into a con-
spiracy to acquire these rich mineral
bearing lands under an act which
only gave them a right to the agri-
cultural lands
The plaintiff in the suit, the Unit
ed States of America, asks that such
patents be set aside on account of
the conspiracy of the railroad secur-
ing the patent and that the lands be
allowed to be held by the mining men
and prospectors who have located
them. The New York Union Trust
company is made a party to the suit
because it holds mortgages on the
lands in question and the Southern
Pacific is made party because it is
the holding company at the present
time.
This suit is one of the most i'm
portant ever filed in the western
states for the benefit and welfare of
the prospectors and mining interests.
1t means that the government will
no longer tolerate the palpable evas-
ions resorted to Ly the railroads to
acquire land which is mineral bear
ing under acts which only allow them
to take the agricultural lands.
The present suit is the outgrowth
largely of the Buck ingalls, case
which has been before the Nevada
public for several years. Ingalls, and
associates located property 10 the
White Horse district and while they
we're working it the railroad CON-
pany succeeded in having the ground
patented. Not only was the ingalls,
property effected but hundreds of
other claims in the same district and
all the owners united in the fight a.