The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-06-23
SO. PACIFIC WINS
Big OIL LAND SUIT
Court Decides Roads Title to
S500,0O0.000 Property Valid
Against Claimants.
THE OPINION UNANIMOUS
Decision Is Of Importance to
Other Railroads That Have
Land Grants.
THE OPINION UNANIMOUS

WAsHISuroH, June % The supreme
Cour' to-day validated the title OF the
Southern Pacific Railroad to Ave sec
tons OF petroleum lands in Fresno county.
California, the value OF which has been
variously estimated from s2ooooooo to
$500. 100000.
one OF the railroads attorneys 10 au-
thorIty for the $40. 0O0. 900 estimate but
at the time /: was made the southern
Pacific was naturally sseking 10 minimize
the value Of the lands
The claimants who brought suit against
the southern Pacific and it, subsidiary,
the Kern Trading and OIL Company, have
maintained that the lands are worth at
least $500 100000
The decision, while OF great Importance
20 the Southern Pacific Railroad, is also
vitality favorable to other railroads that
have enjoyed Government land grants
The Northern Pacific. Tor instance made
an arguInen: IN the case because OF its
indirect interest. and It was contended
then that other roads would he affected
by the decision.
The general application consists in the
rule laid down by the court that lands
which have once pa ssed to Il railroad
under a grant OF Congress and under valid
patents. with no knowledge at the time
that the lands were mineral. could not be
taken from the road or its grantees IL
mineral deposits were discovered years
afterward
! History OF the Case
The Southern Pacific Railroad took the
California lands under a grant by Con-
gress which gave the company the
RICH: to take any lands not containing
minerals. Al the time the railroad COM
pany filed on the Ave sections, through an
agent, II stated that The lands were
chiefly valuable for agriculture and, so far
as II knew, were non mineral.
| Prior to the filing on the lands by the
southern Pacific private locaior- fled on
| the lands as placer mineral entries. But
| these eBtrymen voluntarily abandoned
their claims.
| After the railroad had taken the lands
under patents from the Government other
claimants relocated the lands as placer
mineral entries, and II was these entries
that formed basis for the present suit
to dispossess the railroad company.
number OF questions were raised In
the case, among them as to whether Pc
troleun is mineral within the meaning
| OF the statutes. The court. speaking
| through Justice Van Devanter. held that
| oil ts a mineral
4 The suits to Gust the Southern Pacific
from the lands originated in California.
! Edmund Burke of Los Angeles owner of
|
4, represented other claimants and syn.
! dictate made up OF citizens In the vicinity
OF Cleveland and Detroit prosecuted the
appeal to the United states Supreme
/ Court
! substance of/the Decision.
In Its decision the Supreme Court was
. unanimous. Justice Van Devanter who
wrote the decision. said that undoubtedly
I the patents TO the Southern Pacific road
| did not pass mineral lands II they were
known TO be mineral ~ the time the
! patents We're issued. or when Applicant on
: was made. but he held that the question
"a to whether or not the lands were min
: eral was one for the Interior Department
10 determine and that when II had once
decided the matter the patents could not
be attacked in the absence of fraud
He declared also that the patents were
not subject to attack from collateral in
terests and that the Federal Government,
was the only party In Interest," which
: could be heard In court to attack the
validity OF these patents
As TO the patents Involved In the pres
ent case he held the time within which
the Federal Government might have an.
nulled the Southern Pacific patents eX.
pired either In 1900 or 1901.
A TO the private claimants who ~.
serted their mineral entries AGAINST the
Southern Pacific patents the court held
there was no privlty between the present
ltigants and those who preceded them by
mineral entries but abandoned then
claims
Justice Van Devanter's decision. wa.
concurred In unanimously by his col,
leaguea