The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1914-06-22
CALIFORNIA OIL LANDS VALUED
AT SEVEN HUNDRED MILLION
DOLLARS GOES TO RAILROADS.
CLAUSE IS HELD VOID.
Supreme Court Held that Patents to
Land Were Irregular, but Could Not
Ee attacked by Other mants-
Time Limit Expired. M.

Washington, d. c., June 22.-Trans
continental railroads won their fight
for seven hundred million dollars
worth of oil lands today when the
United States supreme court held void
the clause in their patents which made
the land revert to the government if
found to contain minerals.
The court held that the patents were
irregular, but could not be attacked
by other claimants as was done in
this case. The government alone had
a right to attack these patents, and
its time limit for attack expired thir-
teen years ago.
More than $7OO,OOOOO0 worth of Oil
lands owned by the great transcOn-
tinental railroads is involved in the
supreme 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 Pacific railroad in Califor-
mia. The government contended that
when it 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 transcont;
mental line. Patents were issued like
wise to the Northern Pacific and
other lines trayersing the plains and
the Rockies to the coast. Each pat
ent contained an exception and res
eryation reading as follows:
Excluding and excepting all min
eral lands, should any such be found
in the tracts aforesaid but this ex
olusion and exception, according 10
the terms of the statute, shall no,
be construed to include coal and iron
lands"
For years a fierce controversy has
been waged rs to the effect of the
discovery of oil
The railroads contended that oil
was not n mineral. and therefore oil
lands We're not excepted from the
grant. Furthermore, the railroads con
tended 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,
three-cornered nature of the cOntro-
versy was emphasized by Burke ard
others laying claim to a portion of the
oil, lands, under the placer mining
laws. They contended that the South
ern Pacific had no title to the lands
on much the same grounds as the
government, and asserted affirmative
title for themselves.
The Northern Pacific obtained
est in the litigation, to present an
argument in the case. 1t contended
that orher land-grant railroads would
be affected vitally by a decision up
holding Burke's claims.
The value of the property at stake
has been emphasized by showing that
it is more than the valuation placed
upon both real and personal property
for taxation in either Louisiana,
Rhode Island, Virginia. North Caro-
lima or Nebraska, and nearly as great
as that in Georgia, Kentucky or Ore
gon. The value is said to be times
as great as all the gold coin in the
United States and about three times
the combined public debts of the
various states.