, 1873-01-28

/
that. the grant Of 1856 covered none but odd
| numbered sections. Ho could not be i5noraa
| Of the fact that they were certified to tho Com
| rany in juno, 1870. without even the shadow O
| right. -
| The agent of the Company virtually admitted
! that tho even sections beyond the 20-nil,
| limits OF the now grant had beea irupropoTl,
| certified; and the Commissioner had read hii
| argument and had seen this admission.
Z. The Commissioner was
| EQUALLY At FAULT
when he stated that in heeyent Of tho railroad.
claim being void, the lands would not bo subjeci
t to entry under the Homestead law until restored
to the mass of the public lands under regula-
tion made in 1886. that regulation was adopted
quarter OF 3 century before the Homestead law
OF landa by private entry under the act of 1890,
as WAS fully explained By Attorney General But
! ler in the opinion, referred to by the Commits
sioner. After the Presumption net OF 194l was
passed, the question repeatedly came before
the Department. whether the regulation Of 1886
applied to entries under the Pre-emption law,
and it vas uniformly decided that it
did not, as any one can SEQ by refer
ring to J. Lester's Land Laws and
Decisions, numbers 4o7, 459, ago, 461, end AL.
stead law subject to tnat regulation, for the
Homestead act expressly brings witlinlts opers-
tion all unappropriated surveyed land; md the
Department has decided, in other cases, that in
order to withdraw land from the operation Of the
Homestead law, il must be legally appropriated
and is now,
N THE DAILY PRACTICE
OF caucelling entries and locations upon lands,
and Immediately disposing Of the same lands
again, under tho Pro -emption or Homestead law,
without even thinking OF the regulation OF 1885.
This fact renders it all the more singular that he
ehould mako the deliborate statement that, il the
claim Of this Railroad Company should be cam
ce1lod, the lands would not Be subject to entry
under the Presumption or Homestead law nntil
ton Of tha regulation Of 1886. =
From the ruling Of the Commissioner, the
settlers appealed to the Secretary OF the Interior
This resulted IN
ADErAnT3lEsT DECISION,
from tho Hon. r. B. Cowan, Acting Secretary,
On the 22d OF ju1e last, in which he held that,
long before the date Of the applications OF tho
settlers to take tho lands under the Homestead
laws,
The tracts had been withdrawn for railroad
drawa they certified to the State Of lows for the
benefit Of what is now known tha Chicago Rock Ist
and Pacific Railroad. Such withdrawal and cerHhca-
ton took tho tracts Of the body OF nds subject
tho applications wore properly foteetsd,
the validity Of the ra1rosd claim to the land, affirm
your lthe Commissioned decision, aud herewith re-
turn the papers.
MORE Co3PLETE EVASION
OF the issue presented in case could not be
imagined. Conceding, for the present, that tho
withdrawal and certihcation Of the lands took
them ont of the body Of lands subject to home
stead entry, that circumstance was little or
nothing to the point. Every entry or approp5ia~
until the prior appropriation is cancelled or aot
aaide. Hardly 8 day passes in tho Department
not cancelled, and the lands declared
L tho Acting Secretary believed that certidca-
tion made fourteen years ago, along line sub
sequently abandoned by the Company, had tho
effect Of withholding the lands from homestead,
the naxt question bofore him was, whether the
Company had not abandoned the lands, and
whether 1t was not tho duty OF the Department
to hold them subject to appropriation as other
public lands, by cancei1ing tho certificates, so
that the settlers might then apply for them in =
regular manner.
certified upon the understanding that tie road
would be built over the original line. He know
that, when that purpose was changed, and new
line located under grant Of lands along the
new route.
THE CONDITIONS WE'RE CHANGED
upon which the certificates wero Issued He
knew also that tho certificates we're mere Office
regulation that they were not authorized Or
provided for in the statute; that no title could
be acquired by them that they were issued aftsr
the question lad been submitted to Attorney
General Black as mere information from the
records as to what particular tracts we're en-
braced in the grant. He knew very well that
the rights Of the Company depended upon the
question as to whether tho lands we're located
line Of their road !; that it was impossible for
them to hold land, Under either grant made for
their benefit, not falling within the limits OF tho
Bame and that it WAS equally impossible to
locate lands under either grant, except by d
line.
Tho now route was located in 1868, and the |
map Of the same filed in the Department in 1870
The question Of tho right OF tha Company to the I
|ands under consideration could not arise until !
Tho new line was fixed, and VAS consequently |
,ame before the officials. And what is tho re- |
suit Of their action ? Simply that the
LAIN QUEsT1o.: Is ENTIRELY EvADED.
They decide that. whether tho railroad claim to |
hese lands is valid OF invalid, the Possession of
he Company is not to be disturbed. /
An incident further illustrating the conduct OF
Secretary Delano may bo related here. While |
his case WAS pending before him on appeal, q |
prominent politician and e1-member Of
Washington BY the Railroad Company 10 sttond |
o it. While here he WAS urged by aome OF his !
political friends to 60 to Now Hampshire to !
stump the State prior to tho election last spring.
Ie at first declined to 50, on account OF the pen
lGncy OF this Caae DeloFe THO oocIlLafy, DUE hL J
ast consented, boasting to his intimates that |
he Secretary had promised him that, il he |
rould SO and stump that State, the claim OF the
Railroad Company to these lands +
SHOULD NOT he DISTURBED. |
4e then vent to New Hampshlre, gave no fur. /.
her attention to the casa, and, in due time, the I
Acting Secretary rendered his decision, entirely !
linking the main question involved, = the
ettlers Of tho lands; and stopping short, "a
hough tho qucszion was Of no consequence to t
he Government, whether tho Railroad Company t
ad legal claim to the lands or not. In this
7ay, the promise about which the Iowa politician
oasted MAS madc good
Tho Chicago, Rock Island j. Pacific Railroad
company nov have
BILL PENDING BEronE cosunEss,
skiing TINT body to confirm the title to lands
ertifed to thom by the Department. Now, the
uestion comes here, it such certiieation is valid
$ conveying titlo wherefore the need Of addi-
ional legislation They take good caro- not to
atimate in any way that, OF tho lands go certi-
ed, about 100000 acres. worth $4,000, 600, are
utside tho limits Of their grant. Tho very fact
r thnir aatsinp rnnyrasS for cnnf1r1nAtnry nct