Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1908-11-20
THE RAILROAD LAND FRAUDS,

1nere Is NJ TSSen IN tnfS state oHc VI
more of the governments secret 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 of way.
by the government NJ the time the road
WAS constructed The railroad is try
ing 10 patent these lands irrespective Of
whether they are mineral lands or not.
and regardless Of theigovernment reServa-
tion that the grant included no mineral
lands. In relation 70 this matter, which
Is of vital interest 10 many mining men,
the State Journal says:
Some Surveyors ought 10 lie shot. Al
least that is the way that many mining
men think when they cast longing eyes
OF richly m~inerllized land and are told
that the section is one of the odd num-
bered ones which has been patented by
the railroad. The ~prospector hlames the
surveyor, since lie knows that he must
have signed the affidavit or made oath
that the section in q~ueStion-and they
stretch from one side of the state to the
other, twenty miles on each side of the
trsck-was not mineral but agricultural
land.
The point is we'll taken in many
cases. Sometimes the surveyors mOnu
mcnts on these odd numbered sections
will be built ont of debris on the dump
of some old mine, Yet the affidavit TO
patent the land will assert that this is
agricultural and not mineral land.
Some of il is ~ agricultural that sage
brush ever will not grow there, ana
barren mountainous, where water never
has been found, is clasSed with the rich
bottom lands of the fertile valleys.
SO the miner, exploring ancient dig
gings that nee We're made to pay will
keep off the land because the railroad
has patented it. Many inquiries have
been made Of the Journal rs to the
proper mwlc of procedure in such cases.
and, while the paper does not pretend to
run a legal department, advice has been
given as 10 u way to get TO work to on
test the patent. which, while it may not
be the best way, or even the most
feasible, yet is given here in the hope
that it may lead some one to Il more
ready solution of the problem.
IF the land i mineral bearing and
has old mining workings on il. there is
no question that. when the patent was
applied for, somebOdy-in plain words
somebody lied. The law calls it per.
| jury, and has a safe place set aside for
such rs Use this gentle art. Now. when
the original patent has bccn found and
the %affidavitS. signatures read. let action
for perjury he 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. hut the case will reach the
United States court eventually. and will
he decided much o quickly if it starts
there. ..s-..
Then there is the interior depart,
mcnt which has a habit-bad habit. the
railroad probably deems it-of cxamin,
ms III iiihiS SUM- iS lIlcSt lIilllNlUltIll
entries of land, and making it extremely
unpleasant for the ones who pcrpctratcd
h fraud. The interior department
sends inspectors, quiet men. who have
brains under their hats, to look into tn,
cases whenever such a suit is filed
These men look ovcr the land, and. il
they find mineral. the case is as good A
won.
while it is generally known tina
the railroad was granted this immcns,
territory. very few claim owners realiz,
the immincnce Of the peril that con
fronts them nj this time, which involve
the ownership in many instances, 0
proven mineral bearing lands that hav,
been in undisputcd possession of CLAIM
owners for years. The land department
of the railroad has been quietly apply
ing for patents on hundreds of section
of this land for years and the time 70
filing protests on many Of them will OK
pire next January. In the meantim
hundreds of claim owner in the threat
cncd district arc sleeping OH their right
and will suddenly awaken totlc rcaliza
ton that much valuable mining terri
tory has passed uncontcstcd into tn
ownership of the railroad"