, 1873-02-22
WASHINGTON.
Railroad Land-Grants ! and
Presumption Or Homie
etead Claims.
Tho Action OF the Interior De-
partment.
Dcln1lo'y Conspiracy Against Set
- tiers on tho Public Lands.

The General Land Office Circular Of
June az, 1872.
Ny Inst letter relntcd to the question wl,other
lands Of the granted sections within railroad
limits, to which homestead md presumption
claims had attnclod Mt tho timo tho limo Of road
wns definitely fixed, reverted to tho Govern
mont upon being subsequently, abandoned by The
sottlor, or inurod to the Railroad Company It
waa tl1ere stated that tho lanla OF this c1aaa
moro than
A MILLION OF ACRES,
which, by reason Of tho unlawful action OF tho
inferior Department. in sustaining tito fraudu-
lent claim Of tho railroade, waH, through porae-
outton Of tho HettlorB susceptible Of ncrenao to
many millions Of acres TINT, although tho law
expressly declares suoh lands exempt from
the grants, tho practice had oarly obtained In
tho Department OF allowing tnv rallrunun to
loot auoll abandoned tracts; and that as legitt-
1nno result OF sucll PRACTICE, tho Companies had
resorted to Ill aynilablo uehna Of compelling tho
hettlura
TO ABANDON TuE1n HOMES.
30 that their lands might DO included within tho
railroad granta tint tho present Secretary Of tho
Interior, having, at an oarly day Of Ills ulm1n1B-
traeion OF tint Department, adopted q contrary,
nnd manifestly just. Interpretation Of tho law,
adyorse to the claim Of tho railroads, had subso-
qucntly yielded to thoir influence, aud isanod,
through tho Commissioner, instructions to tho
local Land Officers, directing policy in
favor Of tho railroads, and inimical to
tho welfare Of tho gott1era; that such
instructions woro d temptation to
tho railroads to perpetuato fraud, by holding
out to them tho promise Of reward for Buccoss-.
fully oontesting tho olnims Of settlerB md Tint
tloy wero wholly repugnnnt to his decision, as
they virtually restored, In part, tho porntolous
praetico Of tho Department against which TINT
decision WAS directcd,-n practice which had
both robbed tho Government of immense guam
tisios Of laud and outraged tho rights Of largo
class OF oitizons, reducing many Of them to DIG
treas.
But further stops wore needed to place tho
settlers
- COMPLETELY AT TIE MERCY
of the railroads. New WenponH arc invented,
and placed in tho hands Of these unacrupulous
corporationB. Another circular Is prepared,
more eanguiuary than tho first, Which, 1t is ex-
pected, will swoop tho people from their 1andg
with tho forge Of tornado: = d:
branches, in aid of tho Atlantic d. Pacific, tho
Northern Pacific, and many othor roads, each
excopts from Its operation lands to which pre-
| emption or homestead claims at1achcd Ct
| tho time Of definitely fixing tho line Of road.
| Tho Commissioner, as was shown in my preced-
| ing lotter,
! 1aTEnpo1ATEs THE WORD "yA1D,"
and holds TINT lands covered ty defective home.
stcad or pro-emption oIaims nro not reuervctl
from the grant; that any dofoot In the pcrsona]
| qualifications Of the aettlcr or my irrogu)arity
in tho initiation Of the claim, may dotea tho right
Of tho aettlor, and 1eavo tho land oubject to the
operation Of tho grant. In fact, ho holds ovorJ
such inequality On tho part 81 o settler at
amounting to fraud iu lar, no matter though
it may havo resulted from moro Ignorance OF
tho part Of tho aoetlor and tho local ohlcora o
tho Government. Hence he CONSTRUCTS . clain
to mean q valid Or legal claim aud, although
Cougress has used neither the word valid no
loyal, the Commissioner interpolatos thom Int
tho statute by construction. He adopts thi
method OF Interpretation, however, only Ther
it operates 1872. .
m FAVOR or TIE nArtnoAD ooa1rAaY.
At other timos, and when the interogts o
Railroad Companies require 0 different rule O
construction. he stoutly donica tho right Of III
CougroaB has seen proper to use. Wo have
sample Of such inconslstont practice in tho Oh
cular OF June %, herewith given. It exhibit
tie absnrdlty OF two wholly different and oE
Secretary Dclano, each in favor Of tho railroads
and each wholly rapugnant to tho others
THE CIRCULAR.
pErAnTMEar or THE IsrEaIon,1
GENERAL LAND OFFIuE,
wAHntNdToY D. O., Juno "a, lB'o
GENTLEMEN: Under tho proyisiona Of tho aets
Wnspa ~ ss ao 81
grants tho 2anda to which ralid right Of pre,empo
Or homestead II attached at the time wien tho grhl
may hare become effective tue Honorable Secretary
tho interior haa ruled that the lands to which sue
presumption or homestead claim or right has attache:
aud Ruch c1aim has subsequently been abandoned Z
not tnure to the raroad grant, but to tho Unite
Staten. -.
course, primo taeie evidence Of valid rght, yet
may occur that auch claim had fraudulent ncoptlo
as suih Tho nat ia IT, Ct 81 s raa
M Gated W for r yo,r Information and government 70 Il
@ ths spirit ti of lis grunts fully compiled wh
Frst-ln rea.ton te nse.omptton eaams; g. ahs It
" q tic e y
: tis United States, or porson who has i1lea dcolar
ton to become sae eto ana also "nd has a. T. pas ~
It scttfel upon titus imposing conditions hs prorequts
:. 10 tho in'tfation Of claim r ;.
requires that must bo ovcr 2 years q n3o
a tho head OF family; citizen Of tho United ststt
eic.: md under tic llrat and tIlrl eocuoua Of t
% a,nonatory act Of March g. 1851 tho peroona olat,
Ing tho benefit Of said sections must make aettlems
upon tho tracts before thpy can obtain The benefit
D, sal aoctona Therefore, tho fraudulent chasae
- Of prc-empuon or homestead claim II lts neepti
In interest Should have opportunity IN al cases,
ss .bo heard. with this view you are roqurotl-
~ sesct Witch aus eS
lux enntion homeatead clains st the ats o.
right Of the rosd attaching but IT,, rel
10 so hearings for Tie a,na IT, ssS se,
sas ~ raes sea bs g
n lists from the lana FREQ from any claii
~ ~ aud aLould be forwarded With the testimony IL q