Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-06-22
Supreme Court UphoIds Trans
continental Lines Title to
California Oil Lands.
PATENTS CLAUSE MAKING
LAND REVERT HELD VOID
Rules Governments Time in Which
It Could Attack Property Grant
Has Expired.


fight for title to some 500. 900 worth
OF oil lands when the Supreme Court Of
the United States today held void the
clause in the patents making the land
revert to the government if found to
contain minerals
The court held that the patents were
irregular but that they could not be at
tackled collaterally-by other claimants
but could only be set aside by direct
attack by the government.
Justice Van Devanter. for the court.
incidentally emphasized the claim that
the governments time in which 1t
could attack the patents had expired
in 1900 or 1901
Justice Van Devanter at the outset
dwe1t upon the Importance of the case.
He said that all the patents to land
granted to railroads by the federal
clause declaring the land should not
pass from the government If later the
land was found to be mineral lands.
Oil Lands Are Mineral Lands.
Justice Van Devanter FIRST decided that
Oil lands are mineral lands within the
meaning of the reserve clause. This was
a point in favor of the government.
The Burke case turned largely upon the
Interpretation Of the patents issued the
Southern Pacific by the government for
the lands under the Pacific railroad land
grant acts. These patents contained
clause excepting from the grant all min
eral lands. Burke and his associates
claimed that the exception is in force. and
therefore the oil lands did not pass to
the railroad company.
The company contended that evidence
could not be presented at this day to
show that the lands were mineral. and
that the issuance Of the patents was
conclusive proof that they were not. 1t
also argued that the exception is void.
The United States circuit court for
southern California decided in favor of
the railroad, but the circuit court OF ap-
peals for the ninth circuit certified GER
tain questions of law to the Supreme
Court for answer. 1t was in answering
these questions that the court announced
its decision today.
Lands Valued at $7Oo, OOO, 900.
More than $7oo,0oo,000 worth of OIL
lands owned by the great transconti-
mental railroads are involved in the
Supreme Courts decision in the case
of Edmund Burke. who claimed title to
part of the lands which were granted
by the government to the Southern Pa
cfic railroad in California The gov
eminent contended that when 1t gave
the lands to the railroad 1t did not
grant valuable minerals not then
The government issued g. patent in
1894 to the Southern Pacific in aid of
its construction Of a transconttnental
line. Patents were issued likewise to the
Northern Pacific and other lines travers-
ing the plains and the Rockies to the
coast. Eacn patent contained ASH ex-
ception and reservation reading as fol-
lows: ...
Excluding and excepting all mineral
tracts aforesaid; but this exclusion and
exception, according to the terms Of the
statute, shall not be construed to include
coal and iron lands"
For years fierce controversy has been
waged as to the effect Of the discovery
Of oil. The railroads contended that oil
was not a mineral, and therefore oil
lands were not excepted from the grant.
Furthermore, the railroads commended that
the execution was void under the law
governing realty.
it could show at any time, even after the
issuance of the patent that the lands
were oil in nature and thus prevent their
remaining in the hands OF the railroads.
Fight Was Three Cornereo.
Previous to the government suit, a
three-cornered nature Of the controversy
was emphasized by Burke and others lay
ing claim to portion of the oil lands,
under the placer mining laws. They con.
tended that the Southern Pacific had no
title to the lands on much the same
grounds as the government, and asserted
Affirmative title for themselves.
The Northern Pacific obtained leave,
because of Its indirect interest in the
litigation, to present an argument In
the case. 1t contended that other land
grant railroads would be affected
vitality by a decision UNFOLDING Burke's
claim.
The value of the property at stake
has been emphasized by showing that
1t is more than the valuation placed
upon both real and personal property
for taxation in either Louisiana. Rhode
Island. Virginia, North Carolina or
Nebraska. and nearly as great as that
in Georgia. Kentucky or Oregon. The
value is said to be seven times as great
as all the gold coin in the United
States, and about three times the COM
bined public debts Of the various
states.