, 1876-12-19

-.- Sp<cfai Dispatch 10 7As Tribune
WABttiHaTot, =. G., ucc. 17.-In tho caAe Of
Andrew l.. Bell ". the CAicngo, Kock Island s.
Pacific Rallroad Company, involving the tltIa to.
certain lnnls of Tic Des hiolnes Districts tn the
State of Iowa, within tho tlftect,-1niIo limit Of
tic original 70 itc Of tho Mississippi t. Missouri
tnow Chicago, Ilock 1sland It raci1e) Railroad
Contpnny as cstnbllshed under the grant to tho
State Of Iowa made By net Of Congress Of siay
10. 1860, md outside Of tic twchtyinite limits
Of tho modified route Of sail roal authorized BY
tho net Of tho 22d Of June, 1904, anu which were
withdrawn from settlement In 1864, and st,lcc
restored ly order Of tho interior Department,
the Secretary has mnde n decision.
Mr.. Bell has made valuable improvements On
the 1auds In question md lived there four years,
md cla!rns tho right to enter the same a.
homestead, but With notice that they .rcFc
claimed by tic ahovc-na1ncd Railroad Company
under tho grants above referred to. Mr.. Deli
hcd nn application with the tocal officers Oh tho
2&3A Of Scptcmbcr, 1874, to enter tho lands us 4
Homestead, alleging lts right wns projected by
tho ast Of Jan. 81, 1879. Eia application was r.
fled to the stato OF Iowa to MD III tic eonatrl,e-
tion Of the Mississippi Il Missouri 1iallroad md
tint ccrtlllcalto1l lad never been removed. The
Secretary quotes the langaagn OF tho net OF Jan.
tracts IN question was ii tic United Statcs at
tte date Of Its passage, subject to tho. dtspusa!
q ;an G;onEsHH1s 1,H Thc co1nniss'er q tho Land
stcail. 'rllc Isallroatl Company nppcu!ct, lirg-
ing that tug tltle rested IN ls At the date Of tic
passaee t Of thu said yet, md that its its
Secretary proceeds to examine tic several arta
Of Congress nnll Of tho Legislature of tho gtatc
Of !owa, trun wl'fcl, tho Company cfalms title,
md states TINT It wa. t1cfoaatlu; hut 1t was d
dEvcstcd Of only by q forfeiture. t1ac!arcd for
breach of tho conditions u tho grant, or by q
ccuycyanco Ii, accordance with law. Bell elaftns
that the title OF the Company, was lost by The
thy Cu,ntany hereunder, and other lands were
taken in lieu thereof Referring to tho Language
81 thu latter net, under which thc COMPANY. .was
authorized to change Or modify the lii,o Of It's
legation, Alc IN tho General Land -Otllre Mt
Washington nlap definitely showing such ucw
locatior, the Secretary saya tho line Of tic
rnad was changed, n imp of tho new routo was
hare been clalsned ai,l certified In accordance
With said map. Tho Commissioner Ut the Land
t!llcc held That tlly grant OF 1874 ,sas subst1tu
tton tor tnt Of 1855, ard tho title to tho lands
twcnty:,nlis limits Of Tic ncw location passed
to tho United Statcs, mt BY neaus Of declared
forfeiture, put by substitution. III tl!la the
secretary [hlnAS the Commissioner erred, and
proceeds to show that BY tho frat section of tic
BALD act, It p expressly provided "that nothing
In thts net sha)l BIC construed to intotfcro With
pr In my manner impair any rights acquired
by any ra!lroad company named III thu
act to which this Is On amendment,
Or tho rights of .at,y corporation, person,
Or persons, acll!re1 through afy such
company; tlor shall 1t hc construed to
inIpt!r any, vested right Of property, but such
rights aro hereby reserved md conlsrncd;'' md
says that It Is quito clear that ConerGss did not
Intend to substitute other lnnl.s tor those
a.rchuy possessed BY tho Company, md that
CanEross had NJ right or power to
impair tho rights 0f corporations or
persons acquired through sut.t Con.-
ra!ly; ard tho langnage uscd shows tllut
e,lc was not the intention, and that the gra,lt
BY tic act Of 18Th was All enlargement of It's
former grant, rather than Substitution Of
other lantls for 1t or my portion Of It,. lie
therefore, for the above rcasons, and fos ottrrs
which lie refers to, rcyerscs tic dccts0n Of tho
Commissioner, and aillrms that Of tho local
officers