The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1917-01-27
new ruling ON
RAILROAD LANDS

That the burden of proof rests upon
railroad companies applying for pat
ent to public lands, and that it is not
the duty of the government or claim
ants to mineral lands to assume the
burden of proof that such lands are
mineral in character, is new ruling
that has just been laid down by the
Interior Department, says the Reno
Gazette.
The PRONUNCIATION of this rule by
the government first came to light
in Nevada this week, when twelve
cases were set for hearing at Love-
lock upon application of the Central
Pacific Railway Company for patent
to public lands which the company
claimed under the congressional grant
made to it by Congress as a subsidy
for construction of its line. The re-
fusal of the government to assume the
burden of proof was met by the COM
pany with fiat statement that such
burden rested upon the government
and not upon the railroad, with the
result that judgment by default was
taken by the government in twelve
cases involving lands that the COM
any claims are agricultural in char
acter, in opposition to government
claims that their character is mineral
and not agricultural.
The new ruling of the department
is of the utmost interest in Nevada
where vast tracts of land are subject
to railroad claims under the congress
sional grant Heretofore it has been
the practice for the government and
individual claimants to assume the
burden of proof in resisting railroad
applications for patent, but the new
ruling completely reverses the old
practice and in future. the depart
ment announces, the burden of proof
rests upon the applying railroad
company, and ii must enter upon all
hearings by first introducing evidence
to show that the lands applied for are
more valuable for agriculture than for
mineral, and that it must clearly es-
tablish the allegation by prepon-
derance of evidence.
The new ruling received its initial
introduction at Lovelock. where Ralph
S. Kelley and Edward Doyle appeared
for the government in twelve contests
entered against railroad applications
In one case. where a prospector was
resisting the application for patent, a
hearing was held in which the pros
pector assumed the burden of proof
but in the cases wherein the govern
ments special agents appeared in
opposition to the application, the spc.
cial agents declared the government
would follow the new ruling.
Frank Thunen, formerly of Reno
representing the Central Pacific Rail-
way Company. refused to proceed I'M
der these conditions, and default judg-
ments were at once taken by the gov
ernment in all of the cases set fol
| hearing.
The cases were set for hearing be
fore Mrs. A. r. Shewalter. who is act
ing as special United States commits
sioner to take the evidence.
In discussing the case this morning
railroad attorney announced tha
| the company would at once take a.
appeal to the Secretary of the Int
rior upon the point involved, and tina
in case the department refused t
recede from its position the compan.
would carry the Lovelock cases t.
the Federal courts and, if necessary
to the Supreme Court of the Unite
| States. The new ruling, he declared
was revolutionary and would have
far-reaching effect upon railroad ap
plications in future.