The bill was filed in the court below in February, 1887. Hearing was had on the evidence, and in June, 1878, a decree was rendered setting aside the letter patent as "issued by mistake and without authority of law." The bill did not disclose any authority from the attorney-general to bring the suit, nor was such authority shown in the court below, nor was any objection taken for the want of the averment or the proof of such authority. The controversy below, upon the facts, was in regard to the character of the lands, whether mineral or not; and, upon the law, in regard to the effect of the acts of the agents of the United States upon the patentee's title. The defendants below appealed from the decree.
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.
"Department of Justice, "Washington, January 17th, 1877.
"John M. Coghlan, U.S. Attorney, San Francisco, California.
"Sir, — I enclose a copy of a letter of the 16th instant, addressed to me by the Secretary of the Interior, and the enclosures therewith, to wit: A copy of the report to the Secretary by the Commissioner of the General Land Office, and a copy of a letter of March 14th, 1874, addressed by the then commissioner to the register and receiver at San Francisco.
"As requested by the Secretary, you will cause legal proceedings to be instituted to vacate the patent to the Western Pacific Company of California for the N.E. one-fourth of section 29, T. 1 N., R. 1 E., Mount Diabolo meridian.
"Very respectfully,
"ALPHONSO TAFT, "Attorney-General."
Mr. JUSTICE MILLER delivered the opinion of the court.
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This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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