The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1878-09-19
Lands for Actual Settlers.

SEc'YScuURz has, after hearing argu-
ment from the railroad companies in
terested, affi1 med his decision made in
July that all the lands granted by Con-
gress to the several Pacific Railroads,
and not sold by those railroad compa-
MES within three years after the con-
Dletion of the roads, are now open to
private entry and presumption at the
regular Government price for public
lands of S1.25 per acre. The several
grants provided that these lands should
oe open to private entry and to pre-
,mption unless they were ''sOld and
otherwise disposed of" by the railroad
companies within the time limited. In
some cases, as in certain Iowa roads,
the railroad companies sold their lands
in bulk for cash to land companies, and
patents therefor were issued by the
neld as private property, and regularly
taxed by the State and local authorities
rs other lands patented by the Govern
ment. In the other eases, the compa-
MES executed mortgages of the lands,
Jr conveyances of the lands to trustees,
with power to sell and give title, and
apply the proceeds to the benefit of the
companies. Mr.. Jerry Black has given
an opinion that this conveyance of the
land to trustees, to secure debts or liza
bilities of the companies, fully over
comes the requirement of the law that
all such lands not sold, cor otherwise
disposed Of" shall he open to private
entry. He has declared that in his
opinion the conveyance Of the land to
trustees to secure the paymento of mort
cages was a disposal of the proper
ty, in the contemplation of law.
Mr.. Schurz, however, takes a differ
ent view of the case. He claims that
it has been the uniform policy of the
United States to avoid the creation of
large estates, and to place the public
lands at such rates and in reasonable
quantities within the easiest possible
reach of those seeking them for actual
settlement. The accumulation of lands
in large quantities in few hands has
already been regarded with distrust,
and AS opposed to the best interests Of
the country. When Congress granted
the immense quantities of land to aid in
the construction of the several Pacific
Railroads, the policy of securing the
lands to actual settlers at reasonable
prices was not abandoned. The COM
panies We're required to sell their lands
within three years ut such prices as
could be got for them, or the land was
to be opened to private entry ut the
standard price per acre, and be open
also to the right Of presumption. This
would open them TO all persons of linn
tied means, leading to the early settle
ment of the lands, and furnishing cheap
homes to the Industrious. Mr.. Schurz
decides, therefore, that the only dispo-
sition of the land intended by the law
to take ii out of the right of pre-emp-
ton and private purchase is Il bona t'te
sale of the land within the time indica-
ted by law. He holds that Il mortgage
is mere security, vesting no title to
the land i'll the mortgage either before
or after the condition is broken,
because the mortgage can be discharged
as well after rs at maturity. The COM
panies in none of the cases have parted
with the title to the property. He thus
determines the matter finally:
While the companies by the terms of the mort.
cages had the right to sell and dispose Of the
lands. the trustees were to receive the pr,reetis
of all sales of lands made. his right of the
companies to sell lands having ceased by virtu
OF the third section OF the act Of july l.
1867 the security of the mortgages will he sub
rngated by moneys arising from sales when mad,
by the Government.
This decision stands as the law of the
case until reversed by the courts. In
the meantime applications have been
made at the Department for lands here
toforc held by the railroad companies
and now open to private entry, at 81. %
per acre. If this decision be affirmed,
it will lead to the sale, for cash, OF sub
stantially cash, of an immense area OF
public lands along the lines of the rail
road, leading to the rapid occupation
and settlement and the filling up of the
country with productive population
We have no doubt that the railroads
would profit largely by the immediate
sale of all their lands at 81. 25 per acre.
and its cultivation by permanent pro-
ductive people. 1t would be more
profitable to the railroads than the hold
ing OF the land indefinitely, and the
consequent postponemento of settlement
Chicago Tribune.