90 P. 333 | Ariz. | 1907
Lead Opinion
— The assignments of error in this case, more than thirty in number, present many questions of interest, but the one question that is controlling in the case, and that will determine, or render unnecessary, the consideration of the others, is whether the finding of fact relative to the character of this land made by the officers of the land department in a contest brought by the defendant herein, and the owner of the mining claim under which she claims title, upon the application for patent for the said tract under homestead entry thereof in 1901 in which the land was claimed by one party to be mineral and by the other agricultural is conclusive, or whether the patent issued to the agricultural claimant on such finding by the department can be collaterally attacked in this case, and the same issues of fact retried in the district court
The Secretary of the Interior is charged with the supervision of the public business of the United States relating to the public lands, including mines. Rev. Stats. 441 (U. S. Comp. Stats. 1901, p. 252). The Commissioner of the General Land Office is required to perform, under the direction of the Secretary of the Interior, all executive duties appertaining to the surveying and sale of the public lands of the United States, or in any wise respecting such public lands, and also such as relate to the issuing of patents for all grants of lands under the authority of the government. Rev. Stats. 453 (U. S. Comp. Stats. 1901, p. 257). The land department of the United States then, including in that term, the Secretary of the Interior, the Commissioner of the General Land Office, and their subordinate officers, constitutes a special tribunal, under these and other provisions of the laws of the United States, vested with the judicial power to hear and determine the claims of all parties to the public lands it is authorized to dispose of, and to execute its judgments by conveyances to the parties entitled to them. In every ease there must, in the nature of things, be a decision of questions of fact and questions of law. A certificate or patent is the record evidence of the judgment of this tribunal, and it necessarily follows that, when such a judgment is rendered in a case within the jurisdiction of the land department, it is, like the judgment of other tribunals, vested with judicial powers, impervious to collateral attack. United States v. Winona & St. P. R. R. Co., 67 Fed. 948, 15 C. C. A. 96. The well-settled rule being that the decision of the department, and the patent as the record evidence of that decision, is, in the absence of fraud or imposition, conclusive in a case within the jurisdiction of the department, and there being in the case at bar no evidence or allegation of fraud, it presents the one question of jurisdiction: Did the department have power to issue the patent to Maurel, and jurisdiction to determine the questions upon which its issue depended? The test of jurisdiction is whether the department had the authority to enter upon the inquiry, not whether its determination resulting therefrom was right or wrong.
Revised Statutes of the United States, chapter 5, section 2289 et seq. (U. S. Comp. Stats. 1901, p. 1388),
In a similar case, Burfenning v. Chicago etc. Ry. Co., 163 U. S. 321, 16 Sup. Ct. 1018, 41 L. Ed. 175, the United States supreme court, speaking by Mr. Justice Brewer, said: “It has undoubtedly been affirmed over and over again that in the administration of the public land system of the United States questions of fact are for the consideration and judgment of the land department, and that its judgment thereon is final. Whether, for instance, a certain tract is swamp land or not, saline land or not, mineral land or not, presents a question of fact not resting on record, dependent on oral testimony; and it cannot be doubted that the decision of the land department, one way or the other, in reference to these questions, is conclusive and not open to relitigation in the courts, except in those eases of fraud, etc., which permits any determination to be re-examined. Johnson v. Towsley, 13 Wall. (U. S.) 72, 20 L. Ed. 485; St. Louis Smelt. & Ref. Co. v. Kemp, 104 U. S. 636, 26 L. Ed. 875; Steel v. St. Louis Smelt. & Ref. Co., 106 U. S. 447, 1 Sup. Ct. 389, 27 L. Ed. 226; Wright v. Roseberry, 121 U. S. 488, 7 Sup. Ct. 985, 30 L. Ed. 1039; Heath v. Wallace, 138 U. S. 573, 11 Sup. Ct. 380, 34 L. Ed. 1063; McCormick v. Hayes, 159 U. S. 332, 16 Sup. Ct. 37, 40 L. Ed. 171. But it is also equally true that when by act of Congress a tract of land has been reserved from homestead and pre-emption, or dedicated to any special purpose, proceedings in the land department in defiance of such reservation or dedication, although culminating in a patent, transfer no title, and may be challenged in an action at law. In other words, the action of the land department cannot override the express will of Congress, or convey away public lands in disregard or defiance thereof. St. Louis Smelt. & Ref. Co. v. Kemp, 104 U. S. 636, 646, 26 L. Ed. 875, 879; Wright v. Roseberry, 121 U. S. 488, 519, 7 Sup. Ct. 985, 30 L. Ed. 1039; Doolan v. Carr, 125 U. S. 618, 8 Sup. Ct. 1228, 31 L. Ed. 844;
In the cases of Kansas City M. & M. Co. v. Clay aud Burfenning v. Railway Co., the patents were issued by the land department in excess of its jurisdiction, and were, therefore, invalid, as would have been the judgment of any court of record under similar conditions. The Clay case is distinctly different from the case at bar; in this the jurisdiction of the department is not questioned, and our rulings in the former case are, for that reason, not determinative of any issues presented in the case now under consideration.
Counsel for the appellee has cited as further exceptions to the conclusiveness of the findings of fact by the land department, and its decision thereon, cases arising under townsite entries, and patents for placer claims. Section 16, Act of March 3, 1891, chapter 561, 1 Bevised Statutes Supplement, 945, provides: “That townsite entries may be made by incorporated towns and cities on the mineral lands of the United States, but no title shall be acquired by such towns or cities to any vein of gold, silver, cinnabar, copper, or lead, or to any valid mining claim, or possession held under existing law.” Section 2329, United States Bevised Statutes (U. S. Comp. Stats. 1901, p. 1432), provides that: “Claims usually called ‘placers,’ including all forms of deposit, excepting veins of quartz, or any other rock in place, shall be subject to entry and patent, under like circumstances and conditions, and upon similar proceedings, as are. provided for vein or lode claims.” Section 2333, United States Bevised Statutes (U. S. Comp. Stats. 1901, p. 1433), provides that: “Where the same person, association or corporation is in possession of a placer claim, and also a vein or lode included within the boundaries thereof, application shall be made for a patent for the placer claim, with a statement that it includes such vein or lode, and in such ease a patent shall issue for the placer claim subject to the provisions of this chapter, including such vein or lode, upon the payment of five dollars per acre for such vein or lode claim, and twenty-five feet of surface on each side thereof; the remainder of the placer claim or any placer claim not embracing any vein or lode claim, shall be paid for at the rate of two dollars and fifty cents per acre, together with all costs of proceedings; and where a vein or lode, such as is described in section twenty-three hundred
A careful examination of all the cases arising under these laws that have been cited in the briefs of counsel, or that have come to our knowledge, has disclosed no exception to the general rule that a tract of land may be entered and patented as a townsite even though containing mineral lands within its limits. The patent of such townsite is inoperative as to all lands known at the time to be valuable for their minerals, or discovered to be such before their occupation or improvement for residence or business purposes under the townsite patent; but such townsite patent conveys good title to all land within its limits except that known at the time to be mineral, and therefore conveys title to mineral subsequently discovered in lands in possession of a grantee under such townsite patent. Deffeback v. Hawke, 115 U. S. 392, 6 Sup. Ct. 95, 29 L. Ed. 423; Moyle v. Bullene, 7 Colo. App. 308, 44 Pac. 69; Davis v. Weibbold, 139 U. S. 507, 11 Sup. Ct. 628, 35 L. Ed. 238; Butte City Smoke-house Lode Cases, 6 Mont. 397, 12 Pac. 858; Talbott v. King, 6 Mont. 76, 9 Pac. 434; Silver Bow M. & M. Co. v. Clark, 5 Mont. 378, 5 Pac. 570; Tombstone Townsite Cases, 2 Ariz. 272, 15 Pac. 26. It is also the rule that a placer patent conveys good title to all land within its limits except any mineral vein or lode that is known to exist within the boundaries of such placer claim at the time application for patent is made, and for which the appellant for such placer patent does not include an application for patent as a vein or lode claim. Iron Silver M. Co. v. Mike & Starr, 143 U. S. 394, 12 Sup. Ct. 543, 36 L. Ed. 201. It will be observed that patents for townsites and placer claims, either expressly exclude in their terms any conveyance of title to the mineral lands in question, or are issued under a law that provides that, while they convey title to all other lands within their limits, they do not convey title to such mines, mineral lands, or mining claims. The department does not take jurisdiction of the determination of these facts, but issues the
The establishment of a valid mining claim within the limits of a townsite patent, or of a known vein or lode within the limits of a placer patent, does not affect either the validity or eonclusiveness of such patent, because the department in issuing the patent took no action and made no ruling upon the inclusion in or the exclusion from the said patent of the mine or claim in question, but issued the patent subject to the establishment thereafter in the proper forum of the facts that should determine such inclusion or exclusion, and such action is simply a judicial determination as to the true intent and effect of such patent, and not an attack upon its conclusiveness or validity. In the case of patenting vein or lode mining claims, or homesteads on agricultural lands, the department pursues a different course. In such a case it is vested with and exercises jurisdiction to determine the character of the lands, and, upon such determination, either issues or refuses to issue the patent. And such determination, in the absence of fraud, imposition, or mistake, is conclusive and binding on the courts of the country, and is not subject to review by any other department of the government or any court. Gardner v. Bonestell, 180 U. S. 362, 21 Sup. Ct. 399, 45 L. Ed. 574; Heath v. Wallace, 138 U. S. 573, 11 Sup. Ct. 380, 34 L. Ed. 1063; Jeffords v. Hine, 2 Ariz. 162, 11 Pac. 351; 2 Black on Judgments, 530.
The case at bar presents no exception to the general rule. The patent that was produced by the plaintiff on the trial as the record evidence of the decision by the proper officers of the land department on the issues tendered in the court below was final and conclusive. To hold that the losing litigant before the department could ignore the final judgment of that tribunal, and again submit to a district court and a jury in this case the very same issues that were there tried and detarmined, would be subversive of the principle that litigation must have an end, and that the owners of property are en
The rulings of the trial court upon the demurrer and the various motions presented, and the submission to the jury of the issues of fact under the instructions given, were based upon the theory that the decision of this court in the Clay case was controlling and conclusive as to the issues arising in this case. In this the court was in error, vand, as the record shows the plaintiff’s title to the land in controversy to have been clearly established, the case is reversed and remanded, and the lower court is directed to enter judgment for the plaintiff.
Concurrence Opinion
— I concur in the opinion of Mr. Justice Doan, but deem it proper to add something to the views therein expressed.
There is a clear distinction to be made between cases of patents issued under the pre-emption act and the homestead act prior to the amendment of 1891, and patents issued under the latter act since its amendment, as regards their eonclusiveness as to the existence or nonexistence of known mines within the boundaries of the lands conveyed by such patents at the time of their issuance. Under the former acts there were reserved from entry certain definite, easily ascertainable, and specific parts of the public domain,- as, land included within the limits of incorporated towns, and known mines. Since the amendment of 1891 the only reservation is that contained in section 2302, Revised Statutes (U. S. Comp. Stats. 1901, p.1410), reading: “Nor shall any mineral lands be liable to entry and settlement under its provisions.” The term “mineral lands” is one of broader significance than “known mines.” Cosmos Exploration Co. v. Grey Eagle Oil Co. (C. C.), 104 Fed. 20. The term “mineral lands” refers to a class of lands, rather than specific tracts easily ascertainable, not only by the land department, but by the applicants themselves. This distinction, while not clearly made, seems to underlie the decisions on this subject; so that the cases which hold that patents obtained under the pre-emption acts to land containing known mines are void for want of jurisdiction and may be collaterally attacked are distinguishable from those holding that the determination of the land department as to the mineral character of the lands conveyed is conclusive, and that patents issued to such lands will
This is the distinction which in my view is to be made between the case at bar and the Burfenning case, and also the Clay ease.
Concurrence Opinion
— I concur in the result reached in this case, but desire briefly to state my view of the question of law involved.
Whether or not the judgment of the land department as evidenced by its patent to a given tract of public land is conclusive and not open to collateral attack depends upon whether it had jurisdiction of the proceedings leading up to the patent. If the question to be determined by it is one of law, its patent is not conclusive; if one of fact, it is conclusive and is not open to collateral attack. The difficulty is to determine from the opinions of the supreme court of the United States what is a question of fact in such eases.
I have reached the conclusion from careful consideration of the two leading cases in which the land department was held to be without jurisdiction (Morgan v. Nebraska, and Burfenning v. Chicago etc. Ry. Co.) that where the records of the land department show, and they are not disputed, or are indisputable, that land is of a certain character, the power to convey by patent is a question of law, and if the land department grants such land in defiance of law it is without jurisdiction; but where the question to be determined by the land department is whether certain facts exist — for instance whether there was at the time of application for patent a known “mine,” or the ground was in fact known to be mineral or swamp land — and these facts must be established by parol testimony, outside of the record, the determination of these facts, as evidenced by the patent, is conclusive.
— I am not entirely in accord with my associates in their views as to the Clay case, nor in the reasoning by which they distinguish that case from the one before us. Under the authority of the Burfenning case it would seem as though the Clay case must be upheld, unless the decision in the Burfenning case was based upon the ground that there the facts appeared of record to the land department, and were therefore not to be established by parol testimony. Certain expressions in that ease seem to afford ground for believing that the decision was so based. If so, it would not be authority for the Clay case. The various decisions of the supreme court of the United States are difficult of reconciliation, and give us no clear and authoritative expression upon which we may rely, as determinative of the question whether, under such a state of facts as existed in the Clay case, the land department had, or had not, jurisdiction to determine the questions involved.
In the case before us, however, there can be no question that the land department had jurisdiction to enter upon and determine the question of fact in issue, and that such determination is conclusive. I therefore concur with Mr. Justice Doan in the views expressed by him as to the case before us, and the result reached.