Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1914-06-22
RAILROADS GET
$7OO,O0O,0OO
IN OIL LANDS
Supreme Court Holds Governments Time
Limit to Attack Patents on These West
ern Mineral Bearing Lands Expired
Thirteen Years AGO.
COURT HELD VOID CLAUSE
IN REGARD TO PATENTS
Also Held Patents Were Irregular But
Could Not Be Attacked by Other Claim
ants as Was Done In This Case-History
OF the Case.

Washington. ID. C., June 22-Trans
continental railroads won their fight
for $100,OO00,O0O worth Of oil lands
when the supreme court held void a
clause in their patents which made the
land revert To the government is found
to contain minerals.
The court held the patents were irrcg
ular, but could not bc attacked by other
claimants as was done in this ease. The
government alone had the right to at.
tack these patents and its time limit for
attack had expired thirteen years ago.
The court held that oil lands are mineral
land, which was one point for which the
government contends. The government has
n separate suit from the one decided to-
day to cancel the patents To oIl lands the
transcontintal roads hold in todav'~ de-
cision and in the ease by Edmund Burke
of California who claimed the right To
lands the Southern Pacific now holds on
grounds that they should revert 10 the
government.
Justice Nandeventer announced the de-
cision. lie noted that all 20 yernment land
patents to railroad since 1916 contained
cause declaring that the land could not
pass from government control If it was
later found to contain minerals.
Then he added let Us see what this
would mean i'm the case of the Northern
Pacific. The Northern Pacific got every
alternate section of land in a forty mi. I.
wide strip from Duluth To the Pacific.
Should these claims be held valid the
question would arise az To whether tho .c
who long ago purchased from the rail
road and created farms. ran'.hcs and
towns upon them had any rights
The court held the-se~sesssFy Of ,s-
interior should have inquired whether
the lands were mineral before issuing :
the patents.
More than 800 ,O0O, 900 worth of oil
lands owned by the great transcontinental
railroads are involved In the Supreme
courts decision in the ease of Edmund
Burke, who claimed title to part Of the
lands which were granted by the govern
ment to the Southern Pacific railroad in
California. The government contended
roads 1t did not grant valuable minerals
then not known to exist.
The government issued a patent in 1894
To the Southern Pacific in aid of it, con-
struction of a transcontinental line. Pa
tents 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 reser-
walton reading as follows:
Excluding and excepting all mineral
lands should any such be found in the
tracts aforesaid. hut this exclusion and ex
ception, according to the terms of the
statute. shall. not be construed To- include
coal and iron lands
For years fierce controverys 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 contended that the exception
was void under the law governing realty.
The government took the position that il
could show at any time. even after the
issuance Of the patent that the lands were
VII " tHu~ prevent lHslf re-
naming IN the hands of the railroads.
Previous 10 the government suit. three
cornered nature of the controversy was
emphasized by Burke and other layinc
claim to a portion of the oil lands, under
the placer mining laws. They contended
that the Southern Pacific had no title "a
the lands on much the same grounds 4
the government. and asserted affirmative
title for themselves.
The Northen Pacific obtained leave. he
cause of its indirect interest I'm the litiga
tion. To present an argument in the ease
IN contended that other land grant rail.
roads would be affected vitally by a de
cision uphoiding Burke's claims.
The value of the property al stake ha.
been emphasized by showing that it !.
more than the valuation placed upon botl
real and personal property for taxation in
either Louisiana. Rhode Island, Virginia
North Carolina or Nebraska, and nearl,
a great "a that in Georgia, Kentucky O,
Oregon. The value j. said to be sever
times a great "a all the gold coin in sh.
United States and about three time, m,
combined public debts Of the var;ou,
States.