Wintermann v. McDonald

David Wintermann, relator, filed his petition for writ of mandamus to compel the Hon. J. H. Walker, Commissioner of the General Land Office, respondent, to award and patent to him 9.4 acres of land situated in Colorado County with a reservation to the State of only 1/16 of the minerals as a free royalty, provided that 1/8 of all sulphur and other mineral substances from which sulphur may be derived or produced be reserved as a free royalty to the State. This right is claimed by virtue of the Act of 1931, Chapter 271 of the General Laws of the Regular Session of the 42d Legislature, which is…