Daily independent. [volume] (Elko, Nev.) 188?-1915, 1908-11-20
FRIDAY, NovEMBER 80, 1908
THE RAILROAD LAND FRAUDS.

There is at present in this state one or
more Of the governments secfet agents,
who are Investigating the methods be-
ing pursued by the Southern Pacific
company to patent the odd numbered
sections of land granted to it for twenty
miles on either side of its right iof way,
by the government at the time the road
was constructed The railroad is try
ing to patent these lands irrespective of
whether they are mineral lands or not.
and regardless of the government reserva-
ton that the grant included no mineral
lands. In relation to- this matter. which
is of vital interest to many mining men,
the State Journal says;
'sSome surveyors ought to be shot. At
least that is the way that many mining
men think when they cast longing eyes
on richly mineralized land and are told
that the section is one of the odd num-
bered ones which has been patented by
the railroad The prospector blames the,
surveyor, since he knews that he must,
have signed the affidavit or made oath
that the section in question and they
stretch from one side of the state to the
other, twenty miles on each side of the
track-was not mineral but agricultural
lands 49,. :. %sI:,Sa = -. -. ST.. 2
THE point is we'll taken in many
cases. Sometimes the surveyors monu-
ments on these odd numbered sections
will be built out !of debris on the dump
of some old mine, yet the affidavit to
patent the land, wil assert. that this is
agricultural and s4ahd.
Some Of it is SO 'agried3tagsfsthat sage
brush even will not gtSH1a khere, and
barren mountainous, where water never
has been found, is classed With! the rich
bottom lands of the fertile valleys. ~
$50 the miner, exploring ancient dig!
gings that once were made to pay will
keep off the land because the railroad
has patented it, Many inquiries have
been made Of the. Journal as to the
proper mode Of procedure in such cases,
and, while the paper does not pretend to
run legal department, advice has been
given as to 81 way to. get to work to con-
test the patent which,, while it may not
he the best way, or even the most
feasible, yet. is giyss. here in the hope
that it may lead some one to moro
ready solution of the. problem
eff the land is mineral bearing and
las old mining workings on it, there is
no questions that, jwaen the patent was
applied for, somebody-in plain words
somebody lied. The law calls it per-
jury, and has safe place set aside for
such as use this gentle art. Now, when
the original patent mas been found and
the affidavits, signatures read, let action
for perjury be begun in the criminal
branch Of the federal court, not that The
state court would not give just hearing
and learned decision on the facts and
the law, but the case will reach the
United States court eventually, and will
b. decided much more quickly if it starts
there. =
'Then there is the interior depart
ment which has habit--bad habit, the
railroad probably deems it--of examin-
ing into affairs such as these fraudulent
entries of land, and making it extremely
unpleasant for the ones who perpetrated
the fraud. The interior department
sends inspectors, quiet men, who have
brains under their hats, to look into the
cases whenever such suit is filed
These men look over the land, and, if
they find mineral, the case is as good as
won. ....
While it is generally known that
...'