The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1874-01-08
Cancellation of Homestead Entries
for the Benefit of Railroad
Companies.
To the Editor Of the Commonwealth.

To the Editor of the Commonwealth.
The ruling of the department Of the
interior up to 1871 was that the rights
of railroad companies did not attach to
lands within their limits until the no.
tice of withdrawal was received al the
local land office By more recent
ruling their rights are held to have at
tached from the date of definite loca-
ton of the respective roads.
The notice of withdrawal for the
Missouri, Kansas and Texas received
at Topeka April LIST, 1861. The date
of definite location. as now claimed by
the company and conceded by the de-
partmcnt, was August 10, 1866. All
the homestead entries made from Au
gust 10, 1866, TO April lsi, 1867, peri
cd ofnearlv eight months, though made
in accordance with the rulings in force
at that time, are now held TO be, illegal
and have been cancelled. or are held
for cancellation.
The withdrawal for the Mo. River,
Fort Scott and Gulf road was received
June 8, 1869. FEBRUARY IL, 1868, is now
claimed by the company and conceded
by the department as the date of def
mite location. Consequently all the
homestead entries made between those
dates. a period Of more than sixteen
months, though made in strict accor-
dance with the rulings and instruc-
tons OF the department then in fnrce,
arc now cancelled, or held subject TO
cancellation. The same state of things
exist i'll the western aud southwestern
districts, with possibly some slight diff
ference in the date OK withdrawal and
definite location.
After the decision of The secretary of
the intersor of April IS, 1871, known
as the Boyd decision. ii was held that
all lands within railroad limits which
appeared upon the record as covered
by presumption filings of homestead
entries, at the time that the grant be-
came effective, were excluded from
the operation of the grant, and upon
the cancellation of such filings and en-
tries, reverted to the government, and
became subject 10 new applications
under the homestead and presumption
laws.
Under this ruling many abandoned
homesteads within railroad limits
were hunted up by parties desiring TO
obtain the lands under the homestead
law, their cancellation procured by
proof at the expense of such parties,
and new homesteads made by them
upon the lands.
BY circular from the general land
| office OF August 9Th, 1872, ii was ruled
that when a presumption or homestead
claim within railroad limits had been
| abandoned. though not cancelled at
the time the grant became effective,
the land reverted to the railroad COM
pany, and the company was allowed to
| submit evidence showing such aban-
donment.
Til, circular declared, however,
that where the prior entries had been
already cancelled, and other entries or
filings made, under the previous rul-
ings, such second entries or filings
should remain undisturbcd, and should
be approved and patented on proof
being made of compliance with the
law.
Now, this declaration is overruled
and such entries and filings are can
celied, or held subject TO cancellation
In the different land districts of the
state, there have been a great number
of homestcads cancelled on the differ
cnt grounds above stated. Many OF
the parties affected by these decision.
! have spent years of toll and all the
means they possessed upon theil
claims. Some of them. after five year.
residence, have proved up under the
homestead law, and now they are com
PEELED TO abandon their homes or pay
whatever the railroad companies may
see fit to demand for lands.
As these parties have acted in gooo
faith, and in accordance with the law
as interpreted at the time by the de.
partment of the interior, and have beer
placed in their present position solel.
by the conflicting rulings of the de
partment, they are justly entitled tt
some measure of relief from congress
which shall secure to them the quie
enjoyment of their homes.
At the request Of some of these par
ties, Mr.. Ira H. Smith, late register o
the land Office ut Topeka, has drawn
up petition TO congress, and wOult
respectfully invite all persons who's
home have beer. cancelled, or ar,
held subject to cancellation under til,
above rulings, TO correspond with him
giving name. post Office address, mum
Der and date of homestead and mum
bers of the land. together with Othe
particulars going TO show the justice
of their claim for relief, such rs tn
length of time they have resided oil
the land, the amount of improvements
etc.