(Download) "Western Pac. R. Co. and Another v. United States" by United States Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Western Pac. R. Co. and Another v. United States
- Author : United States Supreme Court
- Release Date : January 07, 1883
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Mr. Henry Beard for the appellants. -- I. It does not appear in the pleadings or decree that the United States, by its attorney-general, authorized the filing of the bill in this cause. This should have been averred in the bill. United States v. Throckmorton, 98 U.S. 61. -- II. The lands in question were not mineral lands within the meaning of that term as defined by acts of Congress. In the act of July 26th, 1866, 14 Stat. 251, c. 262, § 2, mineral lands are defined as ""a vein or lode of quartz, or other rock in place, bearing gold, cinnabar, or copper,"" in the act of July 9th, 1870, 16 Stat. ch. 217, 235, § 12, they are described as ""valuable mineral deposits in lands,"" and in Rev. Stat. § 2318, as ""lands valuable for minerals."" The lands in question were, in the regular administration of the land laws, surveyed and ascertained to be non-mineral lands, and patented as such. A second survey, after the United States has parted with the land, is inoperative to affect the patent. -- III. The third point discusses the evidence. Mr. Assistant Attorney-General Maury for the United States discussed the evidence, and presented the following letter from the attorney-general directing the commencement of suit.