The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1914-06-22
Southern Pacific and Allied
Transcontinental Companies
Win Long Standing Legal
Fight of Vast Importance
LIMITATIONS STATUTE
BARS FURTHER ATTACK
Fierce Controversy Waged for
Years Because Of Discovery
of Oil; Worth of Lands Runs
into Staggering Figures,
my Leased Wire 10 Evening Herald.

(By Leased Wire 10 Evening HeraId.1
Washington, June 22.-'Trausconti-
RENAL railways won their fight for
tile to some 100000, 900 worth OF
oil lands when the supreme court to-
day held void the clause In the pat
ents making the land revert to the
government " found TO contair min
erals.
The court held that the patents
we've irregular but thrt they eoatd
not be attacked collatefaily 9TH
er ciaima nts-but could only be sot
ASIDE oy direct attack by the gov
ernment
Justice Vandcventer o. the court in
cidentally emphasized the claim that
the governments time In which u
could attack the patents had expired
In 1900 or 1901.
In ary case before this court
said Jus Vandeventer, Eve have
held tina where the law says that
only min, homestead lands are
TO be granted by the land officials.
the Officials must do their duty OF
ascertalning whether that land came
within the law and that they could
not perform their duty by inaerting
exceptions that the land should net
rass if found later not 20 be within
the law"
This was precisely the contention
OF the attorneys OF the railroads.
Justice VandeVenter pointed out that
all The land patents granted 20 rail-
roads since 1855 contained a clause
declaring the land should not pass
from the government u Dter Il was
found % contain mineral.
Let us see what this means IN the
case OF the Northern Pacific" SAID
he The Northern Pacific got ev-
cry alternate section OF land In
forty mile-wlde strip from Duluth to
the Pacific. should these clauses be
held valid the question would arise
as 20 whether those who long ago
purchased from the railroad end ere
n'ed farms ranches and towas On
them had any rights"
The company contend evidence
could not be presented at this date to
show that the lands were mineral and
that the issuance OF the patents was
conclusive proofs they were not. ~
also argued that the exception was
void. Jasticc VendeVenter held that
generii statute made Il the duty 0f
the secretary Of the interior 10 ia
quire whether the lands were OF tho
class for which a patent could be is
sued.
Referring ga the practice Of tho
land office Justice Naudeventer said
q had been the uniform practice 20
decide whether tho land WAS within
the limits uf the application when the
application was made and before the
ISSUING OF the patent
The government has a separate
suit distinguished from tho case to-
ds,. 10 conccl the patents 10 OH lands
held by the transcontineutal carriers.
Toda Is decision was in casa
brought Dy Edmund Burke of calf
ornia who claimed the right 40 lands
now held b. the southern Pacific, on
the gTound they should re,er; 20 the
government because oil had been
found after the issue OF the patent
to the railroad. The government con-
tended that when Il gave the lands
Co the railroad ii did not srant val
uuhle minerals not then known 10
exist
The government issued a patent n
1884 20 the southern Pacific In aid
OF is construction of transconti-
mental line. Patents were Issued like
wise % the Northern Pacific and 9TH
er lines traversing the plains ana
Rockies to the coast Zach patent
contained an exception aud Feserya-
tion reading ss follows;
Excluding and excepting % min
eral lands should any such h. Huul
in the tracts aforesaid. but this sos-
clusion and exception. according 70
tho terms Of the statute, shall nOt