, 1873-02-18
Subversiol Of tho Boyd and VOL
colt Decision.
Front Our Qlpn Corrrspondent.

4
Island Rai1road Company, aud ita s,tccosaful pas
sage Of tho bill to "quiet lnnd-titlos In Iowa." !
Against tho pnsaago Of that bill II, 900 mon and
womon petitionod, Tho lobbyists who carried 1t
through aro now Rooking to smother agitation On
the subject; but this ondoayor will merely lead
to thorough overhuuling Of tho Land drant I
systeu: and not ovon Mr.. De1auo'a orderto keep
newspaper men out Of tue Department wiAbe:of-
footive. ..,
To-day. present a rathor dry story bud. ono
which lawyers, sott1ers, conveyancers, and oehefa
in tho Went may road with interest:
TIE noyD DEo1s1oN. I,
Ono of tho first official nets Of hlr. Dolauo as
secrotary OF tho Intorior-and ono OF the few
during Ills administration Of Tint Department
for which ho does not deserve consure-was tho
rendering of o decision In what ia known % tho
Boyd lund case, which sot inside tho practice that
had previously obtained In the Department., and
iussly; but temporarily disposed Of an import
mt question that hid boon tho subject Of pro-
longcd couteat betweon tho settlers hndtho Rail-
road Company, in which tho former were clearly
on tho side Of right.
MIR. Dolano had not, ut that carly day Of his
secretaryaAip, given himself up to the influence
Of the Railroad Companies, and he had, thoro-
fore no motive to decide tho case otherwise than
upon Its morits.
Tho uUbHt10D 1uV0lVQu WHbt NAttAo4 tAo Ah1ANS
within tho limits Of railroad grant, subject TO
| homestead or presumption claims at tho timo tho
line Of road was definitely fxod, reverted to tho |
| United States upon being subsequently aband- !
| oned by tho settler, or Injured to tho Railroad
Company. ....,o..
tir. Dclano held TINT such lands rovert to tho
title to the land in question mover passed opt Of
| tho Government, oithor by tho Homestead law,
under which tie entry was mndo, or by tue graht
to tho rairoad; that the laF merely gyea t. to tn the
sottler tho right to acquire title and, III hband-
doping his lind before lie had complied WITH the
roouiremoutB Of tho Inv, he forfeited that right
ana thereby loft the land in tho aalne statna as
IN which be iona II W. ne 10 ier
yening adTerso claim in taYor or tho haiToaa
COMPANY, for tue grant to tho latter CONSISTED,
like Ill grants to railroads, of certain number
othorwiao appropriated, aud to which homestead
or pre.omptioni claims were not attaching at tho
time tho lfno Of tho road was definitely liked
| and that thore iB not syllable in TINT or any
other Of tho railroad ects indicating in the ,re-
moteat manner that 1t was tue intontion OF Con-
rress to grant 1anda, to which such claims had
attached ut tho timo Of fixing the line % q S, rSoaa,
donmont, or any other conditions whatsoover.'
Iudocd. lapg,iago could not we'll be moro e1-
plicit to exclude from the operation Of the grant
being to plnce beyond the reach Of the Railroad
GnnS1enies GS,S tho lands occupied by settlers. 80
TINT tho formor might have no temptation to
interfore in any manner with tho r1sats OF the
, lattor. ....
j. JtsoemB clear, from the language used IN these
grants to railroads, that Congress- forcsaw tho l
Companies and tho settlers, II no provision
: were made againpt It; and that for tho purpose
! Of PROTECTING tho settlers from the very OWLS Of
: which they now complain, this eiass o. tas tamas
y | were excluded from tnc opeIalioA " 'Aeeo
= grants. - .,a
;. vision would have boon secured had she IN.
g terlor Department recognized tho obvious in
\ But tho railroad Companies obtained sufficient
l. influence in tho Executive Department. 81 NJ
early period II as 'S5Y I Sf hiss sFse @
d tico to tho effect that no odd -numbefea tlac'
es wus excluded or rcsoryod that, II occupied nn'
q dor the Presumption or Homestead lnw. II 20
H. came railroad land the Ilonent the gotter nbRn
y doned It, THIS not only allowed them to taxi
u tho lands voluntarily abandoned by the settlers
Sd Sd but 1t opened wido door through which the.
n. could obtain additional lands, by porsecutingth
or settlere. mud driving thom to abandon the land
ny thoy hid settled upon. Having thoir mcreena1.
a. motives thus stimulated, thoy commenced sys
81 81 prnsEouT1os OF TIE sErrLEns,
M reeortug to all aorta Of scllemos and tricka t.
3D. oust such as woro located upon oad-numbere
I'll aeotions,-tho object being to drive tho sottlor
o. Of and then ela ;nen ~ tn1n tho aa Gornanv linda
lei consequently 'nu1ens " 'h' o'lapaA' @AA'|'s
to their grant.
81 QUE % IRISH LAsp.AoESTs. liSe., fSaa;,, .uort.
a. To this end they employed sPeoaa aseuia st.ar
no anperntond RroceGolnga agna. ~, hon a1t a.
In. me moro Mif "' tn h,,a,neaa, hecamc to hin
Ing nno oY thor tnonmuyraa was to -aoryo motto
~ mon homestead settlor8 to attend trial at Il
or local Land Office, oftentime5 GU Go, or eo nlli
distant, upon charge o. navine apanaunea 'ne se
uct claims knowing That the maloslly OF 30
ud t1era would be ul!nblo 10 meet 1ho eApene9a
bo such proceeding, no mettof now gIoune1o ~
might be tho Charge OK a1anuo9tueot' Aa
consequence, thoso VINO ha9 20. tne menhs
carry on the contest made aelauls n thelt U
pehranee, aHu iile lssuea "oAo uotGiti,'
~ against them 30 thoy ."oIo colnpvuoo
oA ] vnaaka their lhtlCla N10Vt thrtuGr NoeE.