Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1914-06-22
Supreme Court Holds
Void Reverting Clause
in Patent Laws.
HUGE SUM is INVOLVED
Property Granted in 1894 to Aid
Construction of Trans
. continental Line.

| Washington, d. c., June %. - The
| transcontinental railways won their
| fight for title to western oil lands
when the supreme court today held
void the clause in patents making the
land revert to the government if found
| TO contain minerals.
The court held the patents were ir-
regular. but could not be attacked col
laterally 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 II could attack the patents
had expired in 1901. The court .decid-
ed practically only one point in favor
of the governments contention that oil
lands were mineral lands.
More than S7OO.OOO.000 worth of oil
lands owned by the great transcontin-
entail railroads are involved in the SUI
preme courts decision in the case of
Edmund Burke. who claimed title in |
part of the lands which were granted |
by the government to the Southern |
Pacific railroad in California. The !
government contended that when il /
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
its construction of a transcontinental
line. Patents were issued likewise to
the Northern Pacific and other lines
traFersing the plains and the Rockies
to the coast.
Fierce Controversy Waqed
Each patent contained an exception
and reservation reading as follows:
Excluding and excepting all min
eral lands. should any such be found
in the tracts aforesaid, but this eX-
cIusion and exception. according to the ;
terms of the statute. shall not be con-
strued to include coal and iron lands"
For years a fierce controversy has !
been waged as to the effect of the
discovery of oil. The railroads con-
tended that oil was not a mineral, and
therefore oil lands were not excepted
from the grant Furthermore, the rail-
roads contended that the exception
was void under the law governing
realty.
The government took the position
that ii could show at any time, even
after the issuance of the patent. that !
he lands were oil in nature and thus
prevent their remaining in the hands
II the railroads.
Previous to the government suit,
hree-cornered nature OF the contro-
,ersy was emphasized by Burke and d
others laying claim to a portion of the i
,il lands. under the placer mining
,rn Pacific had no title to the lands
IN much the same grounds as the gov o
and asserted affirmative title b
or themselves. II
Others Would Be Affected.
The Northern Pacific obtained leave, 8
because OF it's indirect interest in the /
litigation, to present an argument in n
he case. II contended that other n
and-grant railroads would be affected Ia
italy by a decision upholding Burke's e.
lain. L
The Kentucky statute making il lcl
sgal for farmers to pool tobacco was c.
nnulled as unconstitutional by the
upreme court.
The supreme court reversed the de-
ision of the eighth United States cir e.
lll NouAN Va dpptdlSs NlllCll utiu lildl B
ows of poverty in the Catholic church ir
rders were void because against pub ci
c policy. :,
Commerce Court Reversed. II
The supreme court reversed the COM
lerce court and upheld inter-mountain 4
ate order of the interstate commerce II
The court affirmed the decree of the
ew York federal court holding the
-Eanization of the Eastern States
umber dealers violated the Sherman
w by circulating among members a ,
lack list OF wholesalers who sold lum- -
sr direct to big consumers.
Illinois Case Dismissed.
The appeal OF the state OF Illinois
ON the refusal OF the supreme court
Illinois to restrain the Economy -
ght and Power company from erect -,
z a dam across the Des RIaines river ~
as dismissed by the supreme court -,
r want OF Jurisdiction. IN,
Pipe Limo Act Upheld. ce
The supreme court upheld the pipe wa
lie act OF 1906. placing all interstate WI
pipe lines under interstate com jul
cree regulations. as constitutional. toe
L not applicable 10 the Uncle Sam pr
company. en-