The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1878-08-01
AN IMPORTANT DECISION.

Pacific Railroad Lands Not Disposed OF
Within Three Years Alter the Compile
ton of the Road, Are Subject 60 Pre-
emption-
WASHINGTON, ID. c., July 23.-In the
Dudymott case Secretary SclIurz decided
thatthe Pacific Railroad lands may be pre-
empted- The decision says nesrly all OF the
grants made by the United ststes to aid in
construction Of railroads or other works of
internal Improvement have had annexed 70
them conditions, some of which are condi-
\ tons precedent and others conditions subse-
Quent Such conditions are found in this
/ grant to the Kansas Pacific Company. 1t can
not be denied that Congress had the right to
make the grant to said company absolute and
unconditional, but in order to secure the OBJ
Jects for which the grant was made, condi-
tons were annexed. The company had the
right TO accept or reject the grant with the
ed it IL is now estopped to deny their force.
and the effect of one of these conditions, and
the one under which the applicant now claims
the right to enter portion of land granted
TO the company, is that, "an such lands so
granted by the section, which shall not be
sold or disposed of by said company within
have been completed, shall be subject
to settlement and presumption like
other lands, at price not exceeding 81 Is per
Is true that neither of the decisions of the
Supreme Court clearly and distinctly define
the right of the Government in the disposal
opinion OF the Court such right exists, and
whether il be considered that the estate
granted is conditional estate or an estate
with a conditional Limitation, in either case
am of the opinion that it must be held that
the condition runs with the grant and is in
effect a reservation of power of sale in the
which remained unsold by it at the ex2ir-
alton of three years after the entire road was
completed, under provisions OF the pre-emp-
ton law. 1t is manifest, think, that Con-
gress did not intend to grant to said company
so large quantity of land to be held and
sold by i at speculation prices, but desiring
to give 1t aid and assistance In its under
taking at the same time provided that the
actual settler who was willing to pay the
price stipulated should have the right to set
tie and make home upon any of
the lands so granted, and in order to
secure this right to the settler, and at
the same time secure to the company an ad-
eQuate consideration for lands, reserved the
right of sale thereof after the road had been
completed for three years. This view is not
inconsistent with the object to be attained in
making the grant. That object was to aid a
corporation in the construction of a work of
national Importance, which contemplated an
expenditure of money beyond the resources
should be given in lands which might be sold
by the company to reimburse it for expendf-
lures made, or whether the Governments
should sell the land at a stipulated price and
pay the proceeds arising therefrom to said
company, were considered immaterial, both
by the Government and the company that
accepted the grant with the condition. The
fact that said company so understood this !
grant Is made evident by circular tssu-
ed by its Land Commissioner, dated May |
T.. , 1873, inviting the purchase NO Of
road was accepted by the Government as |
complete about six months ago. In three |
years from that time the unsold lands will be |
subject, we suppose, to the pre- -emption law, |
but we hope and expect to have all our lands |
sold before that time arrives. All railroad |
lands sold by this company are sold clear of
a. rlnsar,
paid for" More than four years having |
elapsed since the completion of said road |
and its acceptance by the President. at the
time Mr.. Dudymott filed his declaratory |
statement for the tracts in question, am of
opinion that his application should have |
been received by the local officers, subject,
however, to the condition that it be made to |
appear before a final certificate issue to him
that at the time his declaratory statement
was filed for said tract said company had
not sold or disposed of the same. If
the views ] have expressed in relation
to the sale and disposal of said lands are cor
rect, and see no reason to doubt their cor
rectness, the sale and disposal of lands inthe
condition of those applied for If unsold at that
time by said company, are clearly within the
jurisdiction of the Land Office, like other
lands: By the terms of the grant by which
said lands, or proceeds which shall arise
from the sale thereof, Injured to said company,
it is provided that lands remaining unsold at
the expiration of three years from the time
when the entire road was completed, shall
be subject to settlement and pre- emption like
other lands, at price not exceeding S1.25 per
acre. In other words, that said lands shall
revert to the public domain for sale and dis
posal for said company, under the pre- emp
ton laws of the United States, and whether it
be considered that said lands are public
lands, in a general or special sense, can not,
in my opinion, affect the jurisdiction Of the
Land office in making sale and disposal of
the same.
The decision concludes with directions TO
local officers for its enforcement, and says:
-" In making returns OF moneys arising from
the sale of said lands, local officers should be
instructed to keep separate account of lands
sold and money received therefore on ac-
count OF said company, in order that the
same may be passed TO its credit. In
this case, inasmuch as it does not
satisfactorily appear whether lands applied
for had been sold by the company at the time
Mr.. Dudymott flied his declaratory state
ment, the Commissioner of the Land Office
will instruct local officers to call upon said
company for q statement showing whether
said lands had been sold by ii at that time,
and If it refuse or neglect to furnish such q
statement within thirty days after the service
of said notice that they order a hearing to
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