Evening capital news. (Boise, Idaho) 1901-1927, 1914-06-22
CLAUSE IN PATENTS
IS HELD TO Be VOID
Government Loses in It's Eff
fort to Regain Title to Oil
Lands in California to the
Value of Seven Hundred
Million Dollars.

Washington, June 22.-The trans
for title to some $500 000, 900 worth of
oil lands when the supreme court today
held void the clause in the patents
making the land revert to the govern
ment IL found to contain minerals
Justice Van Devanter announced the
decision.
The court held the patents irregu-
lar but that they could not he attacked
collaterally by other claimants, but
could only be set aside by direct at
tack of the government. Justice Van
Devanter emphasized the claim that the
governments time in which it could at
tack the patents had expired in 1900.
More than 7O0,00o,000 worth of oil
lands owned by the great transconti-
mental railroads are involved In the SUI
preme courts decision in the case of
Edmund Burke, who claimed title to
part of the lands which were granted
by the government to the Southern Pa
cific railroad in California The gov
ernment contended that when 1t gave
the lands to the railroad 1t 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 Vanscontinental
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:
Excluding 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 net be construed to
include coal and iron lands"
Controversy Waged for Years.
For years a fierce controversy has
been waged as to the effect of the dis
covery of oil.
The railroads contendti 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 it could show at any time. even
after the issuance of the patent that
the lands were oil in nature and thus
prevent their remaining in the hands OF
the railroads.
| Previous to the government suit a
three -cornered nature of the controv-
ersy was emphasized by Burke and
others laying claim to a portion OF
the oil lands, under the placer mining
laws. They contended that the South
ern Pacific had not title to the lands on
much the same grounds as the govern
ment, and asserted affirmative title for
themselves.
The Northern Pacific obtained leave
because of it's indirect interest in the
litigation. to present an argument in
the case. It contended that other land
grant railroads would be affected
vitality by decision upholding Burke's
claims.
| The value OF tie property at stake e
has been emphasized by showing that
1t is more than the valuation placed
upon both real and personal property
for taxation in either Louisiana. Rhode
Island, Virginia, North Carolina or Me-
braska, and nearly as great as that in
Georgia, Kentucky or Oregon. The
value Is said to be seven times as great
as all the gold In the United States and
about three times the combined public
debt, of the various states.