Bulletin 147 Abstracts of Current Decisions on Mines and Mining

RAILROAD GRANT-MDIERALS. Diatomaceous or infusorial earth when found in such quantity and quality as to render lands containing deposits valuable therefor are mineral lands within the meaning of the mining laws and must be excepted from grants to the Central Pacific Railway Company. Central Pacific Ry. Co., In re, 45 Land Decisions, 223, p. 226. RAILROAD GRANT-CLASSIFICATION, If any evidence of minerals is found upon lands within a railroad grant and the showing is sufficient in the opinion of prudent and qualified persons to warrant further exploration and expenditure, with reasonable prospects of success, then the land can not be classified as nonmineral and is not subject to the grant to a railroad company. But where there is no present indication of minerals nor any geological evidence upon which to base a mineral finding, land should not be classified as mineral, or held for further classification and reserved from the railroad's grant, upon the surmise that future prospects might disclose evidences of minerals. Southern PacUl.c Ry. Co., In re, 45 Land Decisions, 326, p. 329. INDEMNITY SELECTION BY RAILWAY COMPANY, Under section 3 of the act of July 2, 1864 (13 Stat., 365), and the joint resolution of May 31, 1870 (16 Stat., 378), the Northern Pacific Railway Company could take coal and iron land within its primary or grant limits. It could not base an indemnity selection upon the claim that certain land was coal or iron in ;;haracter, as such land was not lost to it as part of the grant. But the company was authorized to select other lands in lieu of those lost because of their mineral character, but the word "mineral" did not include iron or coal, and, accordingly, the railroad company was entitled to take coal lands under its indemnity selection.