, 1873-02-24
Another Lnnd-Job, Involving
$6,ooo,ooO.
The Land-Grant Of the Burlington
6 Missouri River Railway
Company.
a Decision Of Secretary Harlan Set
Aside by Secretary Browning, nnd
Reinstated by Secretary
Dolano.
Nom Our Otcn Correspondent.


WASHINGTON, Feb. II, 1873.
Tho land-jobbors have boon successful in Oh,
instance this winter, md aro about to mako
second effort In Congrcs1. Tho Chicago, Rool
Island l. paclnc Railroad bill would noyer Inv.
become law haI fts truo character boon under
stood by Congress-, Tho Burlington l. 11iasour
River Railrond Company Is about to prosont q
bill which, II puaAod, will oonsummato q lalld
grant OF tho value of ~$5 ,000, 900. II tho nt
tempt Is successful, 1t will not DO for want Of
previous ventilation. Tloae jobs would not be
possible without
THE DIRECT coNN1vANoE
OF tho Commissioner Of tho Genoral Land
O1lco, tho Secretary Of tho Interior, md tho
Houso md Senate Committees on Public Lands.
Prominent among tho instancos Of what might
DO termed malfoasauco In Office In connection
with tho public lands, ia ono tint relates to tho
1ast-named Company. Rcforonce Is malo to a
decision rendered by Secretary Dolano con-
STRUNG the grant made by Congress- for tho OK
tension Of Its road from plattsmontb, on tho
Missouri River, ton junction with tho Union
Pacific at Fort Kcarney. This decision gives
the Company 100000 Of ecres to which It has
no o'uhadow Of right, -
THE GRANT
Is made in tho 10Th acction Of tho net Of July 2,
And be it}t,rthtr enacled, That for tho purpose OF
aiding In tho construction Of said road, tcro bc, and
osa sns ssnae sason Il
Tits acs} dosgnn.ed " odd nunbors to the amount Of
on tho line thereo aud not sold, reserved, or other
wise dtBroaed Of BY THO United States, anato which
presumption or honeHcad claim may Lot be Attachcd
at the dne tho limo of said road is definitely nxcd.
THE QUESTION
for construction waB whother this grant was
located within certain distance on each sldo OF
Tho limo OF tho road, or whothor 1t was grant
lnquautity rather than grant iu place, authorlz-
ing tho Company to take ita lands at my dis
lance from tho road, Tint 10 alternate sections
were obtained On olthor side Of tho Bamo.
hlost rnilronG-grants specify tho distance
on ouch side Of the road within which tho grant,
cd lands aro to DO located, and still another dia-
tauce, beyond tho first, within which landa may
bo Heloctcl in lieu OF thoso otherwise disposed
OF within tho hrst-namcd limits. Tho first are
usually chilled tho granted, md tho last tho in
domnity limits. In all railroad-grants mndo
prior to 1862, those limits wcro specifically lesg-
mated; but, since then, tho indemnity limits arc
sometimes omitted III such grants, aud tho grant
cd lmita aro rather implied than expressed. In
tho above grant, 1t is scen that tho distance
within which tho lands are to bo obtained s not
language, "t to tho amount Of 10 alternate ncc-
tions on cach Bido Of tho uaid road, on tho line
thereof"
Arc thoao wori1a to be understood ns giving
tho Company tho right to Hclect odd-numbercd
tracta to the amount Of 10 aectionB on each side
OF itsroad, without regard to distance from it:
or are they to DO construed granting to the
Company the undlapoHed-of odd-nnmbored tracts
within the distance to which 10 alternate aeotions
from tho line Of the road would extend ii,
other words, within tho distance Of 20 miles
on each Bido OF tho road. BY the frat consrtuc-
tion. that no lateral limits wero intended by:
2,4o0,oOo acres Of land. By tho opposite con-
atrlctton, it would obtain only ahout 1,4OO. 600 !
nereu adiforenco Of about 200, ,000acres between
tho two constructions.
s." THE COMPANY uLA111Ep
that its grant had no lateral limits and that tho
only restriction to it was, that no moro than 10
odd-nuinborod sections could be taken on eithor
aide Of The road nearest the limo Of tho sano.
In tho spring Of 1866, 1t brought tho question
BEFORE 3tD. HARLAN,
then Secretary Of lilo interior; aud That accom-
nodating funcsiopary promptly rendered q do
c.sion IL ite fsvor. Hia Construction Of tho !
gard to dietauco, Which it ut once proceeded to
do !; passing down to tho limits OF the graut
made to tho Kansas Pacific on tho ola side, end
the nGrthorn part Or SobrasAa on tho oter-
paciae on tic north, and tie ST. Joueph & Don Don-
yer City on tho soutll.-anl 30 obtaining lilo |
complement Of ~ sections por mile at tic dis |
tauco Of from 20 to 100 rniloa from ite road. Il
@ vas 9usny onse ged in aeocting thcao ]ands, un
place thAt proved unfayorablo to ita Job. Mr.,
Browning became Secretary of tie Interior. aud |
Joseph - Wilson Land Commissioner. Tho at
tontlon a.ae Of ~ Mr: WuEon was soon called to tho
Il
FLAGnATr INJUSTICE Il
Of tho Harlan construction, and check1natetl tito
operations Of tho Company In tho following
Thorer MAS an net upon tho statuto-book,
paaBeaby Congress on the 3D. OF March, 1858,
which rendered subject to prc-omptiou, at tie
price Of e260 per acre, all Cue reeerred or oven
grants, and Which was. both Retrospective aud
prospoe oetiYoinitso operation. The Homestead law OF
1863 limits tho sotlor to so ncrcs on lands rated
nt s2,5o within IN, railroad limits. OF other lands
o n may taKo lSo ese conditions
grant, where no npocial provision is nlado to tile
contrary: 30 that, II tho grant to tho Burling-
: ton q Missouri River Railroad Company had no
Amlta lateraily, it became 81
- AN IMPORTANT QUERY T.
now Tar out from thelino Of it's road tho pre-
emption aottler was required to pay $3.50 nor
acre Tor hle claim on M eycn-numbercd section, |
and the homestead Bottlor limited to so acres
OF whether these provisions could apply to any
Of tho oven sections On tho road. This was m
important point not even alluded to by, Mr. Har-
Ian. Limits to tho grant must bo aacortained in
ordor to comply With tho not OF 1853, mud limits
for tho settler must, Of necessity 10 limits for
Tho railroad. Mr. Wilson, therefore, BubmttelI #
to Secretary Browning that inasmuch az his pro.
decessor, Mr. Harlan, had decided that tho grant
Ind no lateral limits, how. far out from
The line Of tho road the oven sections must DO
Increased to $3.50 por- acre, or whethor that
ratability applied at all to tho oven acctiona along
klat road.
MN. BROWNING DECIDED
That tho grant was limitod to 20 miles on each
slde Of tho limo of tho roal; TINT tlIo Company
bad no right to land beyond that distance !; aud
That tho double minimum character applied to
the even sections within tAoas limits. /
Strong ofIorta Tora mado by tho Company to I
induce Mr.. Browning to reconsider hia decision,
but without auccosn. Seeing no possible chance
IT getting d rnllug ii. itH favor, tho Company
quietly proceeded with tho adjustment OF It's
grant under Mt: Drowning'e instruction.. It
o1t4An &1.nf H. i