Las Vegas optic. (East Las Vegas, N.M.) 1908-1921, 1914-06-22
WEALTH OF EMPIRE INVOLVED
SEVEN HUNDRED MILLION DOL
LARS APPRAISED VALUE
OF PROPERTY
ADMITTED TO Be MINERAL
LONG STANDING LITIGATION AT
LAST ENDED BY JUDGMENT
OF HIGH TRIBUNAL

81 }siA a~
Washington, June 22,-Transconti-
mental railways won their fight for
title to some $7oO,OOO,OOO worth of
oil lands when the supreme court to-
day held void the clause in the pat,
ents making the land revert to the
government if land is found to con-
tain minerals.
The court held that the patnents
were irregular but that they could not
be attacked collaterally-by other
claimants-but could only be set aside
by direct attack by the government.
Justice vandeventer for the court
incidentally emphasized the claim
that the governments time in which
it could attack the patents had ex-
pired in 1900 or~1901.
"In every case before this court,
said Judge vandevanter, I'VE have
held that were the law says that only
mineral or homestead lands are to be
granted by the lana officials. the off-
cials must do their duty Of ascertain
ing whether that land came within the
law and that they can perform their
duty by inserting exceptions that the
land should not pass if found later not
to be within the law"
This was precisely the contention OF
the attorneys for the railroads. Justice
,yandeventer pointed out that all the
lard patents granted to railroads
since 1856 contained clause declaring
ythe land should not pass from the
government If later it was found to
contain minerals.
LET us see what this would mean
In the case of the Northern Pacific"
said he. "The Northern Pacific got
every alternate section of land in q
40 mile wide strip from Duluth 10 the
Pacific. Should these clauses be held
valid, the. question would arise as to
whether those who long ago purchas-
ed from the railroads and created
farms, ranches and towns on them had
any rights"
The company contend that evidence
could not be presented at this date to
show that the lands were mineral, and
that the, issuance Of the patents was
too conclusive proofs they were not
1t also argued that the exception was
void. Justice Vandevanter held that
a general statute made 1t the duty OF
the secretary of the interior to inquire
whether the lands were of the class
for which patent could be issued.
Referring to the practice of the land
office. Justice Vandevanter said 1t
has been the uniform practice to de-
eide whether the land was within the
limits of the application when the ap-
plication was made and before the is
suing of the patent.
The government has a seperate suit.
distinguished from the case today, to
cancel the patents to oil lands held
bv the transcontinental carriers. To
DAYS decision was in a case brought
i by Edmund Burke of California, who
claimed the right to lands now held
BIZ the Southern Pacific, on the ground
they should revert to the government
because oil has been found after the
issues of the patent to the railroad
Inasmuch as all the transcontinentai
lines have similar lands they come IN
TO the proceedings. The court decided
practically only one point in favor OF
the governments contention-that oil
lands we're mineral lands.
The recover of lands exceedings
in value several times all the gold
coin in the United States and more
than all the personal property and real
estate taxed in Louisiana. Rhode Is
land. Virginia, North Carolina or Neb
raska was involved.
More than s7OO.0oO,OOO worth Of OF
lands owned by the great transcon
tintntal railroads are involved in the