Stephen Johnson Field

“ The grant, even when all the acts required of the grantees are performed, only passes a title to nonmineral lands; but a patent issued in proper form, upon a judgment rendered after a due examination of the subject by officers of the land department charged with its preparation and issue, that the lands were nonmineral, would, unless set aside and annulled by direct proceedings, estop the government from contending to the contrary, and, as we have already said, in the absence of fraud in the officers of the department, would be conclusive in subsequent proceedings respecting the title. ”

“ There are undoubtedly many cases arising before the land department, in the disposition of the public lands, where it will be a matter of much difficulty, on the part of its officers, to ascertain with accuracy whether the lands to be disposed of are to be deemed mineral lands or agricultural lands; and in such cases the rule adopted, that they will be considered mineral or agricultural as they are more valuable in the one class or the other, may be sound. The officers will be governed by the knowledge of the lands obtained at the time, as to their real character. ”

“ It can investigate and settle the contentions of all persons with respect to such claims. It can hear evidence upon, and determine, the character of lands to which different parties assert a right; and when the controversy before it is fully considered, and ended, it can issue to the rightful claimant the patent provided by law, specifying that the lands are of the character for which a patent is authorized. It can thus determine whether the lands called for are swamp lands, timber lands, agricultural lands, or mineral lands, and so designate them in the patent which it issues. ”

“ To incorporate the term 'known' into the act, and add it to the description of the mineral excepted, would also contravene a settled rule in the construction of grants like the one before us, that nothing will pass to the grantee, by implication or inference, unless essential to the use and enjoyment of the thing granted, and that exceptions intended for the benefit of the public are to be maintained, and liberally construed. ”

“ It was found that, under the pre-emption and homestead act, lands containing known saline deposits and mines could not be purchased. In the town-site act it was provided that, by virtue of its provisions, no title could be acquired to any mine of gold, silver, cinnabar, or copper, or to any valid mining claim or possession held under existing laws; and, under the mineral act of congress, it was provided that, in all cases, lands valuable for minerals should be reserved from sale, except as otherwise expressly provided. ”

“ The government cannot be reasonably expected to issue its patent, and it is not authorized to do so, without excepting mineral lands, until it has had an opportunity to have the country, or that part of it for which a patent is sought, sufficiently explored to justify its declaration in the patent, which would be taken as its determination, that no mineral lands exist therein. ”

“ Ct. 389, the language of the court was that: 'The land department, as we have repeatedly said, was established to supervise various proceedings whereby a conveyance of the title from the United States to portions of the public domain is obtained, and to see that the requirements of different acts of congress are fully complied with. Necessarily, therefore, it must consider and pass upon the qualification of the applicant, the acts he has performed to secure the title, the nature of the land, and whether it is of the class which is open to sale. ”

“ It is conceded to be of the utmost importance to the prosperity of the country that titles to land, and to minerals in them, shall be settled, and not be the subject of constant and ever-recurring disputes and litigation, to the disturbance of individuals, and the annoyance of the public. ”

“ It seems to us as plain as language can make it that the intention of congress was to exclude from the grant actual mineral lands, whether known or unknown, and not merely such as were at the time known to be mineral. ”

“ This action is brought for the possession of certain parcels or lots of mineral land claimed by the plaintiff below-the defendant in error here-as embraced in the grant of the United States of July 2, 1864. The facts constituting the claim of the plaintiff are set forth at length in the complaint, and to their sufficiency the defendants demurred, as not constituting a cause of action, or entitling the plaintiff to the relief prayed. The lots are there conceded to be mineral lands, and the grant of the government applies, in terms, only to lands other than mineral. ”

“ Information of the character of all lands surveyed is required of surveying officers, so far as knowledge respecting them is obtained in the course of their duties, but they are not clothed with authority to especially examine as to these matters outside of their other duties, or determine them, nor does their report have any binding force. ”

“ But the plaintiff's counsel appear to find in the fact which they allege-that the lands were not known to be mineral at the time the plaintiff, by the definite location of the line of its road, was able to identify the sections granted-a sufficient ground to avoid the limitations of the grant, and the prohibitions of the proviso and joint resolution. ”