Los Angeles herald., 1910-11-19
S. P. CONTRACTS SHOW
RESERVATION FOR OIL
Railroad Commits Itself in Writ
ing While Claiming Ownership
to Petroleum Deposits

The Southern Pacific is committed
out of it's own mouth as not owning
the oil contained in grants from the
government. Its deeds and contracts,
the wording of which is plain, state
specifically that its rights underground
extend only to coal and iron. Every
patent issued to the Southern Pacihc
of lands lying in or near the oil fields
of this state contains a reservation
clause by virtue of which the govern
ment retains all minerals in the ground
exclusive of coal and iron.
The evidence in the case, committing
the Southern Pacific with its own
words, has been condensed by the
California Oil World. The patent
signed by Grover Cleveland under date
of December 1, 1898, continue the fol-
lowing clause:
THAT the United States of Amer
lea, in consideration of the premises
and pursuant to the said acts of con-
gress, have given and granted and
by these presents do give and grant
unto said Southern Pacific Railroad
company of California, and to its sue
cessors and assigns, the tracts of land
selected as aforesaid and described in
the foregoing, yet excluding and eX-
cepting all mineral lands should any
be found in the tracts aforesaid, but
this exclusion and exception, accord
Ing the LSTIHS OI Tic Gl1khICB 5A4S'AA
not be construed to include coal and
iron lands"
RECITEs AN ACT
The patent recently signed by Will
liam H. Taft for Inyo, Kern and San
Bernardino county lands contains no
reservation in the grant itself but the
deed in the preliminary paragraph re-
cites the act Of congress under Wh1ch
patent is issued, which in part Is as
follows:
EVERY alternate section Of public
land, not mineral, designated by odd
numbers to the amount of ten miles
on each side Of said railroad, not sold'
reserved, granted or otherwise appro-
priated by the United States and free
from pre-emption or other claims or
rights at the time the line of said
railroad is definitely fixed"
The president, of course, being an
executive officer, is limited in the scope
of his actions by the limitation OF
the statute by virtue of which he acts.
He can neither enlarge nor diminish
by his order the force and effect OF
the laws which he carries into eXecu-
ton, laws relating to land grants to
railroads not excepted.
ADMITS THE TRUTH
Furthermore, by its own utterances
the Southern Pacific acknowledges thaC
it does not own the oil rights to the
land it has received under the United
States grant.
Following is the excerpt from an
agreement to sell a certain piece of
land located in the heart Of the Kern
river field, typical instances:
"The party of the first part agrees
that upon the punctual payment or
the purchase money, interest ana all
the sums herein to be paid, ana the
/ - oil a.
ments herein made, and the surrender
of this agreement, it will Thereafter
within thirty days from demand, cause
to be made and executed to the party
of the second part, his heirs or assigns
a deed of conveyance granting TO the
party of the second part, his heirs and
assigns, the land hereinafter described,
reserving all claim of the United States
to the said land as mineral land"
DEED RESERVES OIL RIGHTS
The contract of which the foregoing
is a part was carried out by the pur
ohasers of the land and they received
a deed which contained CLAUSE ie0o-
ing in part:
"Au of fractional section -, con-
tanning - acres, according to the
United States surveys, together with
the privileges and appurtenances there-
unto appertaining and belonging, ex-
cepting and reSerVlng all lldDlll'y Uih
the part of the Southern Pacific rail-
road for taxes and assessments there
on since -, the said pur-
chaser having agreed with said com
pany to pay the same. Also
reserving all claim of the United
States to said tract. AS min
eral lands"
Thus the Southern Pacific Is con-
yicted out of it's own mouth of non
ownership of the oil contained in the
land it now processes to have perfect
title to,