Tonopah bonanza. [volume] (Butler City [i.e. Butler], Nev.) 1901-1909, 1909-01-09
Mineral Lands Patented
by the ESpee Company

land department has contiL ued TO in
sert that mineral reservation in all
patents issued to the railroad COM
pany, and until the supreme court Of
the United States decides otherwise
the validity of the clause must be as
sumed. The effect of this reserva-
ton is that all lands embraced with
in the limits of the railroad COM
pany's grant are free and open to ex-
ploration and location under the
United States mining laws, to the
same extent as other lands in Ne
vada.
Again, the purpose of congress in
making the vast concession to private
corporations should be borne in mind
when the grant is the subject Of in
depreciation. Millions of acres of the
public domain were granted to the
present Southern Pacific railroad sys-
tenn. Why? The acts themselves
answer in language too clear and
~forceful to be misunderstood, To aid
in the construction of the road. And
to prevent the company from per-
manently holding the lands granted
for speculative or selfish purposes, a
provision was inserted providing
that, "All such lands. so granted by
this section. which shall not be sold
or disposed of by said company with.
in three years after the entire roat
shall have been completed. shall b.
subject TO sale like other lands at /
price not exceeding $1.25 an acre tt
be paid to the company" This pro
vision OF the statute would seem 4
/ be mandatory, and will probably b.
5 so enforced BY the courts when tbs
: question is properly presented. Blu
5 be that as it may, the mine owner
' and operators in Nevada have ampl,
remedy.
5 1t is a rule of law in this stat
that the production and reductio-
of ores are OF vital necessity to tn
people of this state; are pursuits |
S which all are interested, and froI
which all derive a benefit; so tn
S mining, milling, smelling or othe
reduction of ores are hereby declaI
e ed TO be for the public use, and tn
n right Of eminent domain may be e.
S ercised therefor" The constitution
atty Of this statute has been affirm
S ed by the supreme court in Dayto
s Mining company VS.. Seawell, and tn
able opinion there rendered by Ju.
tiee Hawley has been recognized +;
a authoritative by the supreme cour
OF several states.
G The legislature OF 1907 enactt
) that lands held in private owne
$ ship, excepting property already o
% eupied for mining purposes, may
he ~prospeeted for gold, silver and 9th.
y valuable minerals, and upon disco
S. ering a ledge or deposit of gold. S
r. ver or other valuable mineral, Il
same may be located in aceordan
to with the laws Of the United Stat
e, and OF this state, This statute max
s.. fun provision for the condemnati'
~ of such property for mining pu
4 ,aapaa nal 1nRnaH th. p1arnap
adj which compensation shall be
an termined and paid. The trend of
by cent decisions leaves no room
ry doubt that the constitutionality
.ot this statute will be sustained.
IA The prosperity OF Nevada is 4
W entirely to the mining ~developmeI
J." already made, and the people of I
a state are all directly interested
he having the future development of
is valuable mineral deposits unobstru
IRE ed by an individual or corporate,
es. The Southern Pacific system can
Ids required to accept d reasonable co
Of p~ensation for the lands embrat
OF within the geographical limits of
grant in Nevada, If the prospects
OF and miners assert their legal RICH
led These lands are free and open to
ac- ploration and location under
nd mineral. laws. like other lands in
hin state.