The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1909-04-07


department
This is the reason why prospectors
and mining operators have. Is rule
kept clear of the sections of land
granted 10 the railroad. When it is
known that these are alternate sec
tons in a belt of land extending
twenty miles on either side of the
railroad tracks across the state of
Nevada. or for forty miles wide, aud
about 400 miles long, it Will be seen
what an immense territory in this
state has been kept from proper min
eral development. Moreover this
territory is one of the most highly
mineralized parts of Nevada.
Questions as 10 the mineral titles
to the lands patented by the railroad
company have recently come up in
Olinghouse, Mills City. Tiptop. Chafey
and other mining camps within the
railroad grant belt. Owing TO the i'm
portance of this question, the Nevada
California Miner has obtained state
ment as TO the legal status of the
matter from Thos. +. Kepner Of Reno
who has made special study of this
subject, and is attorney for mine
operators interested in some of the
districts mentioned above. Mr..
Kepners article is as follows:
During the years 1862 and 1864
congress granted TO the Central Pa
cific Railroad company and its sue
cessors and. assigns a right of way
over the public domain from the Mis-
souri, river TO the Pacific ocean, 200
feet in width on each side OF the track
together with all necessary grounds
fer stations and sidetracks. There
was also granted every alternate sec
ton of public land designated by odd
mum bered sections, To the number of
ten sections per mile. Oh each side of
the right of way. These grants, in
terms. applied only 10 lands other
than mineral And. before the con-
struetion of the road had been com
meneed. out of an abundance OF eau
ton. provided by Joint resolution, ap-
proved January 80, / $50, that these
acts shall not be construed as TO en-
brace mineral lands, which. in all
cases. are reserved exclusively TO the
United States.
This joint resolution Is. in effect,
a legislative Interpretation of the
meaning of the previous acts. and Is
as operative as if its provisions were
embraced in the original statutes.
But The reservation o; mineral lands
has no application TO the right of
way. that is. 200 feet on each side of
the track.
Ever since the mineral division of
the land department was organized
in 1867 il has been the uniform prac-
tice of that department TO allow and
maintain mineral locations within
/ the geographic limits of railroad
grants. This practice has, in effect.
! become a rule of property and no de-
/ parture from il will probably ever be
sanctioned. And it would seem TO be
/ the policy of the government to main
i tain mineral locations within tbs
geographical limits of these grants
after patent. because all of the pat
ents issued 10 the Southern Pacific
Railway company under these grants
4 uniformly contain this express re-
! servation.
Yet excluding and excepting from
the transfer by this patent all min
eral lands, should any such he found
/ to exist. -
The Supreme court of California
| has held in a number OF cases that
! patent containing such a reservation
/ could be attacked and its effects as a
/ conveyance defeated in an action at
| law by showing the mineral character
/ of the lands in controversy Certain
IL is that neither the land department
nor the courts can enlarge the terms
of the grant contained in the original
acts of congress.
! Yet the late Judge Sawyer held
such provision OF patent void. and
| In subsequent eases the California SUI
| preme court followed the ruling of
1 the federal Judge. Nevertheless the
/ land department has continued to in
+ sert that mineral reservations in all
/ patents issued 10 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 within
/ the limits of the railroad company's
grant are free and open TO exploration
and location under the United States
mining laws. TO the same extent as
other lands in Nevada
/ Again. the purpose of congress in
making the vast concession TO private
I tbi ppi dliulH oHOuiu Dt bOIut III nlluu
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-
| TEN. Why? The acts themselves
answer in language too clear and
/ forceful to be misunderstood To aid
/ in the construction of the road. And
/ 10 prevent the company from per-
manently holding the lands granted
for speculative or selfish purposes, a
/ provision was inserted providing that
All such lands as granted by this
, section, which shall not be sold or
! disposed of by said company within
three years after the entire road shall
/ have been completed, shall be subject
! TO sale like other lands at price not
exceeding $12J an acre to be paid to