The crisis. (Chillicothe, Livingston Co., Mo.) 1877-1878, 1877-10-25
THE KANSAS SETTLER.
An Important Decision BY Secretary
SchurZ.


WASHINGTON, October l2.-Sccrctary
Schurz has to-dny made the following
important decision in the disputed land
titles at independence, Kansas. This
case involves the titles of many thous-
ands of settlers, and is therefore of
great interest:
SIR: | have considered the case Of
NJ. c. Streetcr VS.. the Missouri, Kan
sas and Texas Pacific Railroad Company,
involving lots 3, and 3, section 7, W.
35, south range %, East Independence,
Kansas, on appeal from your decision of
October 26, 1876, adverse to the rail
road company. The township plot was
filed in the local land office on June -,
1869. This land is within the ten miles
limits OF the grant of July 26, 1866, to
aid in the construction of said road, the
right of which is held to have attached
on the date of filinga map of its definite
location, January 7, 1868. The notice
of the withdrawal of these lands for the
benefit of said road was received at the
local land Office on October %, 1869.
NJ. c. Streeter filed d. S. 3,226 for
said land on Jan. 20, 1870, alleging set
tlement on Oct. %, 1868, and made
final proof and offered to pay for the
same July II, 1872, but his application
was refused by the local officers because
his settlement was made subsequent
to the definite location of said road.
This decision of the local officers was
approved by your predecessor, Com
missioner Drummond, and subsequently
became final in default of an appeal.
On June IS, 1876, counsel for Streeter
made application to his entry, reinstated
and passed to patent under the pro-
provisions of the first section of an act
of congress approved April 81, 1876, en-
titled AN act to conform pre-emption
and homestead entries of public lands"
within the limits of these grantsin cases
where such entries have been made un-
der the regulations of the land depart
ment. You decided that the defects in
Mr. Strceter's claims were cured by the
act referred to, and held it by reinstate-
ment, and the railroad company has ap
pealed from yourdecision. The section
of this act relied on to give validity to
Mr.. Streeter's entry, is in the following
language, viz: That all pre.emption
and homestead entries, or entries in
compliance with any law of the United
States, of public lands, made in good
faith by actual settlers, or tracts of land
of not more than one hundred and sixty
acres each, within the limits of any land
grant, prior to the time when the notice
of the withdrawal of the lands embraced
such grants, was received at the local land
Office of the district in which such lands
are situated, or after their restoration to
market by order of the General Land
Office, and when the pre-emption and
homestead laws have been complied with,
and proper proofs have been made by
the parties holding such tracts or par
cells they shall be confirmed, andpatents
for the same shall issue to the parties
entitled thereto" From the facts be-
fore stated, it will be seen that Mr..
Strecter made his settlement before the
land was surveyed, and before it was
withdrawn for railroad purposes, and
before the road was built, but after the
right of the road attached, and, MS his
right must depend on the construction
to be placed on the section of the act
above quoted, it is of primary impor-
tance that the reason which induced
Congress to pass the act should be in
qnired into in order to fix with certain
ty its character and determine what
legal rules should govern us, An ex-
animation of the debates on this act
while it was pending before the house
of Congress discloses the fact that the
Senators and Representatives were full
ly advised that this department had de-
cided in the construction Of many rail
road grants that the right of the roads
by the terms of the grants had attached
to the land within the granted limit
Immediately upon the filing of the maps