Tonopah bonanza. [volume] (Butler City [i.e. Butler], Nev.) 1901-1909, 1909-01-09

rrogress Of Nevada. is that pertain
,no n the holding by the Southern
pacific Railroad company of great
tracts OF mineral lands on either side
i its right of way. Much of this
land gives great promise of large
mineral production, but has been
oyo,ded by prospectors and mine de-
veloper for the reason that 1t is held
under grants made years ago to the
huilders of the Central Pacific Rail-
road company, now controlled by the
southern Pacific. 1t is true that con-
yress. in making these grants, ex-
nressly stipulated that they should
mt embrace mineral lands, but the
railroad company, in doubt, perhaps,
as to whether the sections contained
mineral, and, naturally, giving itself
the benefit of the doubt, has patented
most of the valuable or promising
sections. Title to them by private in
diyiduals, or by mining companies,
therefore, becomes, at best, a ques-
ton requiring the threshing out by
the courts, or ny the United States
land department.
This is the reason why prospectors
and mining operators have, as a rule,
kept clear of the sections of land
granted to the railroad. When 1t is
known that these are alternate sec
tlons 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, and
about 400 miles long, II will be seer
what an immense territory in this
state has been kept from proper min
eral development. Moreover, this
territory is in one of the most highly
m~ineralized parts of Nevada.
Questions as to the mineral titles
to the lands patented by the railroad
company have recently come up IN
onnghouse, Mills City, Tiptop
Chafey and other mining camps
within the railroad land grant belt
Owing 10 the Importance of this
question. the Nevada-California Min
er has obtained a statement as to Thu
legal status Of the matter from
Thomas e. Kepner, of Reno, who hal
made a special study Of this subject
and is attorney for mine operator
interested in some OF the district
mentioned above. Mr.. Kepner's ar
ticle is as follows:
During the years 1862 and 1856.
congress granted to the Central Pa
cifc Railroad company and its sue
eessors and assigns a right OF wa
over the public domain from the Mis-
souri, river to the PaSiic ocean 20
feet in width on each side of tn
track, together with al. neeessar
grounds for stations and sidetrack.
There was also granted every alte.
nate section OF public land desi.
mated by odd-numbered sections. {
the number Of ten sections per mil
on each side Of the right Of wa.
These grants, in terms. applied on.
10 lands other than mineral. An
before the construction Of the roe
had been commenced. out Of 9
abundance of caution, provided !
Joint resolution. approved JanuaI
30, 1865, that these acts shall n
be construed as to embrace miner
lands. which, in all cases, are reser
ed exclusively to the United states
This joint resolution is. in eifect,
legislative Interpretation Of {
meaning OF the previous acts, and
as operative as if its provisions we
embraced in the original statute
But the reservation Of mineral Ian
has no application to the right
way; that is. 200 feet on each side
the track.
Ever since the mineral DIVISION
the land department was organic
in 1867 it has been the uniform prs
tice OF that department to allow a
maintain mineral locations with
the geographic limits of railro
grants. This practice has, in effe
become a rule of property and no
parture from it will probably ever
sanctioned. And 1t would seem to
the policy OF the government
maintain mineral locations Will
the geographical limits Of the
grants after patent, because all
the patents issued to the Southe
Pacific Railway company under the
grants uniformly contain this
press reservation:
Yet excluding and excepting FRI
the transfer by this patent all m
eral lands, should any such be fou
to exist
The supreme court of Califori
has held in a number of cases tina
49,