The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1914-06-25
RAILWAYS TO GET
OIL LANDS WORTH
OVER 500, 900

Washington. June 23.-Transcontin-
entail railways won their fight for title
to some $500, 900, 600 worth of oil lands,
when the supreme court 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 We're
irregular, but that they could not be
attacked collaterally by other claim
antS-but could only be set aside by a
direct attack by the government.
Justice Vandevanter, for the court,
incidentally emphasized the claim that
the governments time in which it could
attack the patents had expired in 1900
or 1901.
The first point was decided in favor
of the government-that the oil lands
were mineral lands.
Basis of Decision.
In every case before his court said
Justice Va~ndevanter, I'VE have held
that where the law says that only min
eral or homestead lands are to be
granted by the land officials, the Off
Gals must do their duty of ascertain
ing that land came within the law and
that they could not perform tlleir duty
by inserting exception that tlie 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 Vandevanter pointed out thai
all the land patents, granted u rail-
roads since 1866, contained a clause Ge-
clariag the land should nst 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 and in O. 40-intle
Wide strip from Duluth to the Pacific.
SCoulG these clauses be held valid. the
question would 9Jisa n c . m H-npntta-
those, who long ago purchased from the
railroad and created farms, ranches
and towns on them had any rights"
The court held evidence could not
be presented at this day to show that
the lands were mineral and that the
issuance of he patents was conclu-
sive proof they We're not. 1t also argued
that the exception was void.
Judge Vandevanter held that a gem
eral statute made it the duty of the
secretary Of the interior to inquire
whether the lands We're of the class for
which a patent could be issued.
Referring to the prestige of the land
Office, Justice V~andevanter said it has
been the uniform practice to decide
whether the land was within the limits
of the application when the applica-
ton was made and before the issuing of
the patent.
Another Suit Pending.
The government has a eparate suit,
distinguished from the case today, to
cancel the patents to oil lands held by
the transcontinental carriers.
Today's decision was in a case
brought by Edmund Burke. of Cali
fornla, who claimed the right to lands
now held by the Southern Pacific on
the ground they should revert to the
government because oil had been found
after the issue of the patent to the
railroad.
~ a, ~, -. !. l ~ ~. *.
lines have similar lands they came in
to proceeding. The court decided
practically only one point in favor of
the governments contentions-that oil
lands were mineral lands.
h recovery, however, of lands ex-
ceedlng IN value seven times all the
gold coin in the United States and
more than all the personal property
n real estate taxed in Louisiana,
Rhode Island, Virginia, North Carolina
or Nebraska. was involved.
History of Suit.
More than 100000, 600 worth of oil
lands owned by the great transconti-
mental railroads are involved in the
case of Edmund Burke. who claimed
title to part of the lands which were
granted by the government to the
Southern Pacific railroad in California.
The government commended that when
it gave the lands to the railroad it did
not grant valuable minerals not then
known to exist.
The government issued a patent in
1894 to the Southern Pacific in aid of
it's construction of a transcontinental
line. Patents were issued likewise to
the Northern Pacific and other lines
traversing the plains and the Rockies
to the coast. Each patent contained an
exception and reservation reading as
follows:
"EXeluding and excepting all mineral
lands should any such be found in the
tracts aforesaid, but this exclusion and
exception. according to the terms of
the statute, shall not be construed to
include Goa and iron lands"
Fol years a fierce controversy has
been wages as to the effect of the dis
covery OF Oil. The railroads commended
that oil was not a mineral and there