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Show MINERAL EXEMPTION CLAUSE IS VOID v Transcontinental Rallreao Win r-lghf for TlUe te eme, 710A0a Worth of Oil Land Washington, June 22. Transcontinental Transconti-nental .railways won .their flgt for title to some f700.000.000 worth of oil lands when tho supreme court today held void the clause In the patents raaklng'the land revert to the government govern-ment If found to -contain minerals. Washington, June 23. Trie court held that the patents .wore irregular but that they could not be attached collaterally by other claimants but could only bo set aside by a direct attack by tho 'government. Justlco Vandeventor for the court, Incidentally emphasized tno claim that the government's time In which it could attack the patents had expired expir-ed In 1900 or 1901. What Court Holds "In ovory caso beforo tho court," said Justlco Vandovanter, "wo havo held that where tho law says that only mineral or homestead lands are to bo granted by tho land omc!al3, tho ofllclals must do their duty ot ascertaining as-certaining whether that, land catno within' the law and that they could not perform their dirty by Inserting exceptions that the land should not pass If found later not to be wlthla the law." . This was precisely the contenltom. of the attorneys for tho railroads . t ' Justice 'Vandevanter pointed out that all tho land patents granted to railroads since . 1866 contained a clause declaring the land should not pass from the government if later tt was found to contain minerals. "Let us see what this would mean In the case of the Northern Pacific," said ho. "Tho Northern Pacific got evory alternate section of land in a 40 mile wide strip from Duluth to tho Pacific coast. Should theso clauses bo held valid, tho question would arlso as to whether those who long ago purchased from tho, railroad and created farms, ranches and towns on them had any rights." Tho company contended evidence could not be presented at this day to show that the lands were mineral and that the Issuanco of the patents w conclusive proof they wcro not. It also argued that tho exception was void. Justlco Vandovanter held that a general statute mado it tho duty or tho secrotary ot tho interior to in-qulro in-qulro whether the lands woro ot tlio class for which a patent t:ould bo issued is-sued . noferrlng to tho practice of tlio land office, Justlco Vamlovanter sard It has been tho uniform practlco to decide whether tho land was within tho limits of tho hppllcntlon when the appllcatym was mado and boforo the Issuing ot the patent. Government Suit The government has a separate Suit distinguished from" the case today, to cancel the patents to oil lands held by the transcontinental carriers. Today's decision was In a case brought by Edmund Burke ot California, Cali-fornia, who claimed the right to land now held by the Southern Paclflc, on i .the ground that they should revert to the government because oil had been found-after the Issue ot the patent to the railroad. Inasmuch as all the transcontinental transcontinent-al lines have similar lands they came Into the proceedings. The court de-elded de-elded practically on one point In ta-vor ta-vor of the government's contention that oil lands wero mineral lands. Tho recovery, howover, of lands ex-ceeding ex-ceeding In value soveral times all the gold coin in tho United States and more than all tho personal property prop-erty and real estate In Louisiana, nhodo Island, Virginia, North Carolina Caro-lina or Nebraska, was Involved. |