United States v. Southern Pac. R.

This action was brought by the United States to obtain a decree vacating patent issued to the Southern Pacific Railroad Company covering eighty acres of land, being the east one-half of the northeast one-quarter of section 35, township 3 south, range 10 east, 5. B. M., the same being located in this judicial district. The land had been selected by the defendant as indemnity land under its grant allotment. The railroad company listed the land as of nonmineral character, which met the requirement of the act of Congress which excludes mineral land from appropriation under grant allotments. Before patent was issued, the Land Office directed ,-a contest to be instituted before the local land officers, to determine whether the land was in faet nonmineral. The defendant had notice of the hearing before the register and receiver, and produced ,witnesses at the hearing who gave testimony opposed to that presented by witnesses called by the government.

It was determined «by the register and receiver that the land was mineral in character, and recommendation was made to the Land Office that the defendant’s selection be canceled. An appeal was taken by the railroad company, which appeal was…