The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-06-23

Washington. .. c., Juno 22.-Title
of transcontinental railroads to some
500. 100000 worth OF petroleum land.
as against other private claimants,
was upheld to-day by the Supreme
Court In "A test suit brought by Ed
mund Burke. of California, against the
Southern Pacific Railroad Company.
At the same time Justice Van De-
vantcr. for the court. stated that
seemingly the governments right to
attack the railroads title for fraud
or error had expired in 1900 or 1901
1t was made plain. however that the
rights OF the government were not
involved in the case before the court
and there was no mention of the re-
cent suit brought by the government
against the Southern Pacific to regain
the very lands in question. Govern
mcnt officials after the decision stated
they would continue to press the suit.
Since the government began TO grant
lands to transconunenta1 RAILROADS IN
1866, every patent issued TO the roads
has contained a reservation or eScep-
ton TO the effect that lands In tho
patent found later TO be mineral lands
should not pass to the railroads Such
"A reservation was contained IN the
patents issued in later years founo TO
be rich with gushing oil wells Burke
cluilncd the land did not pass TO the
railroad, and sought to enter II as
mineral lands.
Tbe court held that the Land Office
officials could not perform their duty.
imposed upon them by congress- oi
not patenting mineral lands by merely
inserting the reservation or exception.
II held the officials were bound 10 de-
termine whether the lands we're MN
eral before issuing the patent, ana tha'
The patents were binding uhiess pro
cured by fraud or error. justice van
Deyantcr stated that the patents were
issued in 1894. and apparently the gov
nrn1uent had not proceeded 10 SET w
any claim Of fraud In obtaining thein
before that time. although the railroao
had presented an aillua ,rtar.fors
lands were nonmineral. Ihereio,e.
ha added. seemingly the right TO make
.hc attack had expired In 1910 or lsVi'
vows TO POVERTY
ARE UPHELD by COURT
Doubt cast upon the validity OF vows
was removed to-day by the supreme
court reversing the decision OF the
Eighth United States Circuit Court OF
Appeals. o;a
the lower court held the vows voie
as against public policy. on the srouno
that they did not permit frnm
making them ever TO withora" iro'Il
the order The Supreme Court TO-DAY
announced that the lower court mad
fallen into error by not distinguish,
Ing between the religious and civii
natures of the vows. 1t was pointed
nut y nerson was permitted under the
organization of the orders to with
draw civilly, although his withdrawal
in a religious sense was matter OF
conscience.
The case arose in the settlement OF
the estate of Father Augustin Wirth.
in charge of IL church at Springfield,
Minn.. at the time of his death. Rela-
tiyes claimed his property despite his
vow to the order of st. Benedict 10
possess no property ana TO turn over
10 the order all his worldly possessions.
Tn presentation of the case TO the
.o,,rt n wa. stated that the decision
~ the court below, IL sustained would
throw I'm doubt the title to millions OF
dollars worth of property now heid by
religious orders, particularly those OF
the Catholic Church, which had incor-
norated into their regulations vows to
poverty.
DECIsION is IMPORTANT
no RATE, INCREASE PETITION
The Interstate Commerce Commits
sion's so-called ''intermountain rate
orders" were sustained as valid by the
Supreme Court, which held at the same
lime that the long and short-haul
clause of the interstate commerce law
was constitutional. Both had been at
tacked by the transcontinental rail-
roads.
The defunct Commerce Court, pass
ing over the constitutional question,
had annulled the orders on the ground
that the commission had no authority
to issue "blanlset" or zone" orders,
and might act only on the reasonable
ness of specific rates. In overturning
that contention to-day, and holding
that the commission did have such
mower, the Supreme Court decided 4
point which lawyers and close OBJ
servers of the Interstate Commerce
Commissions procedure say is OF equal
Importance tc the intermountain rate
case itself--if not greater.
Opposition to the per cent Increase
in freight rates being asked by the
Eastern railroads-and upon which the
Interstate Commerce Commission Is ex-
pected to announce Its decision at any
day-had been based principally upon
the contention that the commission
did not havo authority under the law