, 1873-02-18

excluded from tho grant made to tno o9ulPnnys |
revert to the Goyornment. It now appears that
having thus, by one bold atrolsc, re-ostablished
tho oyerthrown harior Of tho law between tho
Railroaa Companies na tho sefs.o1s epn IN Go- M
sued to the local Land o{loe, through oommia-
aioner Dr,,mmond, insidiously, and by degrees,
torn AWAY that barrier, and has actually rendered
mohao quantity Of public landu arc placed within
thousanda OF poor settlers Loft unprecedented to
nliBh this end has boon the constant aim Of tho
railroads sinco tho decision was made; ,., -
Tho whiting process commenced NTH tho
following circular Of Instructions to tha local
Lnnd Office j: -:
DnuamoNp TIE eroorrr1oEoN.
DEPARTMENT. OF THE 1NrER1on,1
GEHEnAL LAND OFFICE,
WARRINGTON, .. O. Nov. :. 1911. J
To Register. and R<esyer: q DsF's Land , 2sss;
~ Tho to- 11 me q
rght u presumption had staehsd 1t to limo whom THO
fE Esa ruled that tho lands to which .noh preemptiqn
claim Or right has attached aud snoh presumption sub,
pro-cmption Aling Of record your bookn consti-
as S Of bs bssa
cascs these llings havo been MADE without tho pIo.
lhat ssa nRs ao az
empion claim rs aach .Ehs san ?, oily a e1aat
S s 80 to
tnt aus esa ngs cannot defent tho railroad claim
whore the Compantes can establish ne 1ssaty OF tae
Of Il. p,e-cmpon claim sanders It absolutely null and
void and thasit does not therefore, affect tho rghso
the 1.ilroad ron,;d.rna taee ,rono,ffoa and
have reached THO eonesuso' that fg ,ads 10TH a.
eisarIn sfotr', uat such settlement gas not IN fact
made is fling IN derogaton ~ Ian, and fa fraud:
ut coHs1qu;nty no1 - ~, ,asgrn,s EXIT, ~.
tama Jro ae Ts0re sne.saa may bs made to ontcr
INV sueh iands. You Vii order hsaringe giving due
no}ics Of ths rao Of hearug to the original preomp
s,a he cssn1 @ i ~sa e. desa s sRss1h III ass
the claim Or ling =, .,,o, ,,b.ro IN. Rai1rood com,
sas w ~ ssort ~eh iands require thon to proyo
nnas st nay appear By your records to have been in
icua existence nt tho dato Of the right Of the road
| would hare otherwise attached;
proof IN M caSs mqat T. % } mg aa t9 'hu m M
ang or F.an, eiaM o." VIZ n,an{ asgA' ~ ''7
'an% hara ra ~ euo osr 11nta an which ang may DO
shown to hayu lad illegal inception, as, for tnsanco,
whore tho pary was foreigner 1T tho time, or had
previously enjoyed tho right Of prescription and you
will admit the conslaetaouM ~ u snese , M1efo
they n DO aessa@ AZ aaanss % IN cne cass yn iii tranR
testimony WITH your joint opinion thereon, for tho
Of this 'sS Wi.1s x9fS BnTeaD; Commissioned
npu,raosD sEurnA11zEs TIE SUPREME COURT.
1t..;.a.. ,-,,1, ,ri.,koa IN ;l,I;,u
NeieTrng 70 tae "6 h tx II ~
the position therein tak9n 1ao ~, ntt ~
similar to tnas 1ehnh h :"
tho Pos @9nfS III e. rho
I'd in Xii, Wallace. Wolcott hold that tho reser-
yation Of lands by the Department north Of tho
| Rncroon Fork .waa reservation In derognEon Of
w thst 1no naar we n te
, -TnnIc lid not nxteud boyopd the Fork, and that
4 wna consoonontly. o reservation not recogniz-
, ~ he law and lid not withdraw the land from
, fhn rrnnt If 1856 to tho railroad. But the
Surname nonrt decided that az tho claim to tho
: resoryoi lands. was uuadiustcd when tho Rail-
: roaoryat roaa ~ the tba landa for future
I;auosoI altar the pending c.aim to them SHOULD
alaRoaHi aity. ~; o8 49, Il Ia 10 al fYar.
! enca wlether it was or was not, claim rncog-
. niz,d Nv law Tho worry object Of the regeryn,
| nrtF Frr1>