Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1909-01-06

There was also granted every alter
nate section of public land desig-
mated by odd-numbered sections, to
the number of ten sections per mile,
on each side of the right of way
These grants, in terms, applied only
to lands other than mineral. And,
before the construction of the road
had been commenced, out of an
abundance of caution, provided by
joint resolution, approved January
80, 1865, that these acts shall not
be construed as to embrace mineral
lands, which, in all cases, are reserv-
ed 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 of 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 1857 it 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 rule of property and no de-
parture from it will probably ever be
sanctioned. And it would seem to be
the policy of the government to
maintain mineral locations within
the geographical limits of these
grants after patent, because all of
the patents issued to the Southern
Pacific Railway company under these
grants uniformly contain this ex-
press reservation;
"Yet excluding and excepting from
the transfer by this patent all min
eral lands, should any such be 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 effect as a
conveyance defeated in an action at
law by showing the mineral character
of the lands in controversy. Certain
it 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 cases the California SUI
preme court followed the ruling OF
the federal judge. Nevertheless the
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
/ ouluCu' A0 ShoCC VI IulS I0oSlNd-
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-
TEN. 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 road
shall have been completed, shall be
subject to sale like other lands at a
price not exceeding $1.25 an acre to
be paid to the company" This pro-
vision of the statute would seem to
be mandatory, and will probably be
SO enforced by the courts when the
question is properly presented. But
be that as it may, the mine owners
and operators in Nevada have ample
remedy.
1t is rule of law in this state
that the production and reduction
of ores are of vital necessity to the
people of this state; are pursuits in