Elko independent. [volume] (Elko, Nev.) 1915-current, 1915-12-17
TALLMAN WRITES OF
RAILROAD PATENTS
HOW TO PREVENT S. p. FROM IL
LEGALLY TAKING MINERAL
IZEO LANDS.

In following Is from the Weekly
Mine Review. published at Lovelock:
The Southern Pacific has repeated
~ been charged with attempting to
secure patents TO mining lands under
its odd-numbered section grant of 1864.
The reputed acts OF 6e company are
manifestly unfair. They not only vir-
tually rob the prospector of just that
much exploration ground. but are a
direct violation OF the purpose and in
tent OF the congressional grant.
The question has been frequently
asked how it is possible 10 circum-
vent the Southern Pacific in its efforts
to secure lands TO which 1t is not le-
aailE entitled. The Weekly Mine Re-
view interrogated the general land of
lice OF the Department of the Interior
at Washington, ID. c., upon thai point.
The following letter contains the
answer. succintly and lucidly stated.
II was prepared by Commissioner Clay
Tailman. His communication is dated
Washington. November 81, and reads
as follows:
- have your letter of November s,
1915, i'll the matter of mineral lands
along the Southern Pacific right OF
way. stating that it has come to your
notice that the railroad is
using strenuous efforts TO rush patent
to mineral lands along the right OF
way You state You are using every
eiIort through your paper TO notify the
p~rospector and miners to be on the
alert 10 notify the department of the
mineral character OF his land and ask
now best 10 proceed to get his knowI-
edge as 10 the mineral character OF
m selected railroad land before the
proper authorities.
In reply l nave 70 advise you that
before final action is taken looking TO
The sudnc of patent on selected rail-
road lands, action is taken through
whether or not the and is of the cnar-
@cier subject 10 the grant.
Parties who ale claiming under min
LnS locations any portion OF the unpat-
ehted mineral lands within the prlm-
AIRY limits oil the railroad company
II are not prepared to begin pro-
ceedinSs to acquire title, or who are
aware that the lands are mineral in
character. should keep themselves
advised through the Carson CITY land
Onicc from time TO time as to the
status Of the land; and should the rail
road company file & list OF selections
embracing the lands covered by min
Erdl claims, Or that are known to be
mineral in character, they should file
IN duplicate. duly corroborated affida-
Wits OF contest, setting forth the kind
ol mineral discovered, the character
and extent of its formation, the I'M
provements, if any, that have been
made TO develope the land for it's min.
eral as well as any other
material facts that may assist in de.
LermininG the character OF the lands.
Where parties claim an interest in the
lands by virtue OF mining locations in
conflict with any selections that have
pecn made by the company a hearing
will be allowed if applied for.
All information relative to the min
cral character of the selected lands
should be communicated to Mr.. NJ. d.
McEniry. chief of field division, Den
yer. Colorado.
will further state in regard to the
lands patented 10 the railroad COM
pany, that in proper eases this office
Will investigate allegations hat the
patents were ~fraudulently issued for
the mineral lands, and that If the facts
warrant, a recommendation may be
made to the department of justice for
suit to set aside the patent"