The Tabor independent. [volume] (Tabor, S.D.) 1913-19??, 1914-06-25
RAILWAYS TO GET
OIL LANDS WORTH
OVER $500, 600, 900

Washington. June 23.--Transcontin-
entail railways won their fight for title
to some 500, 900 worth of oil lands.
when the supreme court today held void
the clause in the patents making the
land revert TO the government IL found
TO contain minerals.
The court held that the patents were
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 IL 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 this court" said
Justice VandevGnter, I'VE have held
that where the law says that only min
eral or homeste d lands ars 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 thry could not perform their duty
should not pass IL found later not TO be
within the law"
This was precisely the contention OF
the attorneys for the railroads.
:, Justice Vandevanter pointed out that
all the land patents granted - rail-
roads since 1866, contained clause De-
claring the land should nat pass from
the government, IL later IL 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 land in 4o-mils
wide strip from Duluth to the Pacific.
Should these clauses be held valid, the
question would arise as TO wnether
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 the patents was conclu-
sive proof they were not. 1t also argued
that the exception was void.
Judge Vandevanter held that gem
eral statute made i the duty OF the
secretary OF the interior TO inquire
whether the lands were OF the class for
which a patent could be issued.
Referring to the prestige of the land
office, Justice Vandevanter said Ii 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 separate suit,
distinguished from the case today, to
cancel the patents to oil lands held by
the transcontinental carriers.
Todays decision was in a case
brought by Edmund Burke, of Cali
fornia, 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.
Inasmuch as all the transcontinetal
lines have similar lands they came i'm
to proceeding. The court decided
practically only one point in favor of
the governments contentions-that oil
lands were mineral lands.
The recovery, however, of lands ex-
ceeding in value seven times all the
gold coin in the United States and
more than all the personal property
and real estate taxed in Louisiana,
Rhode Island, Virginia, North Carolina
or Nebraska, was involved.
History of Suit.
More than s700. 00O, 900 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 I'M California.
1t gave the lands to the railroad 1t did
not grant valuable minerals not then
known TO exist.
The government issued patent in
1894 to the Southern Pacific In aid Of
its construction of 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:
Excluding and excepting all mineral
lands should any such be found in the
tracts aforesaid, but this exclusion and
exception. according 10 the terms OF
the statute, shall not be construed to
include coal and iron lands"
For years 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