The Placer herald., 1865-04-08
Pacific Railroad Lands.

pany, 10 which he sets forth the policy TO
be pursued by the Company in the DISPOSE
ton Of lands granted them by Congress.
As this is subject that particularly inter
ests the citizens Of Placer county, through
the territory of which the railroad princi'
pally runs, this letter calls for general alten.
ton
We have no, in our possession the various
amendments to the Pacific Railroad Law,
but have always understood that while they
increased the quantity Of land donated TO
the company they did not change the quail.
ty. In other words, the original law dona-
ted the agricultural lands. designated ty odd
sections for ten miles on each side Of the
road. And where these sections we're min
eral, the timber only was donated. The
amendments to the law gave the odd sec,
tions for twenty miles of the road, with the
same reservations las we have always un-
derstood) as 10 mineral sections.
The road as located runs for distance Of
nearly ninety miles through this county, and
nearly the whole extent Of this territory has
been classed as mineral land but yet, Mr..
Redding makes no mention Of the reserva.
tioD Of mineral lands from the Company,
but states without qualification "tba. the
lands now granted include all those sections
which are designated by odd numbers with.
in twenty miles on each side Of the line of
railroad"
He further SAYS that those who were in oc-
cupancy Of the whole or fractional parts Of
the odd sections, who have filed their declar
atory statements or commenced legal pro-
ceedings in the U. S. Land Office, to secure
re'emption or homestead, prior to the
grant Of these lands, which was July lst,
1862, can purchase their lands from the
Company at 81 so per acre in greenhacks
we have TO assume from the tenor of this
letter that the Company claims every odd
section Of land within the designated width
of forty miles, whether mineral or agrieul-
tural. Fortunately, however, the Company
have determined not to enter upon the dispo.
siton Of these lands, until they are passed
10 them by patent from the General Gov
ernment. In this we think, will be found
the saving clause to the settlers on mineral
lands, as well as those who were in occupancy
of odd sections Of agricultural lands prior
to the grant Of lands to the Company by
Congress-for the General Land Office does
not permit pre-emptisns to be made upon
any of the mineral lands, and does permit
presumption upon these same odd sections
when they are proven to be agricultural,
by persons who occupied them previous to
July ls,, 1862, and is now issuing patents
upon such pre-emptions, and the land is
pad for at the rate Of 81 25 per acre.
The Railroad Company makes general
protest, at the Marysville Land Office,
against prescriptions being made upon odd
sections within the grant, without reference
to the length of time parties may have been
in occupancy Of the lands but the Land
Office, (under instructions from the Depart,
ment of the 1nteror) allows parties to file
their declaratory statements on the odd sec-
tions, if they prove them to be more valua
ble for agricultural than for mineral purpos.
es, and to have occupied them prior to July
lst, ls62,-and upon compliance with these
requirements will issue certificates of pur.
chase, and accep payment in greenbacks a.
81 25 per acre.
From this it may be seen that the Land
Office and the Railroad Company hold diff.
ferent views in reference to this grant. and
that the assumptions Of the latter are in no
wise recognized by the former. 1t was un.
doubtedy the intention Of Congress to pro,
tect the people who were settled upon these
lands at the time the grant was made, and
allow them to pre-ernpt upon the same
terms as all other persons. Any other rule
would have worked injustifable hardship to
many persons who had improved and titled
the land for many years in good faith. And
without doubt the same course will be pur,
sued towards those who are now occupyjno
odd sections Of mineral land. When it is
determined to dispose of such sections the
occupant will take precedence of the Rail.
road Company whether such occupancy is
OF mining, farming, or towul OTIS.
A DESIRABLE CHANGE.-The dry north
winds that prevailed for ten days previous to
Thursday, threatened an almost total des.