Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1878-09-05

TIE DECISION.
Washington, Sept. 3.-The secretary of
The interior to-day rendered an additional
decision TO the commissioner of the general
land office in the we'll known Dudymot case.
The appeal was taken for reversal or sus-
pension of the law. The counsel have filed
copies of certain mortgages called deeds Of
trust, executed by said companies, to secure
payment Of the bonded obligation Of the
same. The counsel urge that the execution
and delivery Of these mortgages was in effect
a sale and conveyance of the legal title of
the companies to all lands inuring to them
under euch grant. For the purpose of de-
ttermining the question thus presented, it
becomes necessary not only to fix the char
acter of the instruments executed by said
companies, but also to ascertain whether a
legal title to the lands therein described wac
ny said instruments convey ed to the trus-
tees therein contained. The former decision
Of Secretary Schurz declines to do either.
and the former decision by which large
tracts of land covered by land grants to
railroads were open TO settlement, is to
stand, unless reversed by a decision of the
courts. Immense numbers Of applications
nave been made to eLt.r lands under the
y VIC ~ AZ CAkSCtCu tuC IulI-
roads will take immediate steps to appea)to
the courts. Secretary Schurz says it has
been from the earliest history of this gov
eminent one of the most important and be-
neficent principles governing its policy not
to favor the creation OF large estates, but to
put public lands at such rates and in such
quantities within the easiest possible reach
OF the poor and homeless that the lat or
might acquire homes for themselves and
their families and thereby promote a healthy
development OF the agricultural resources
oil the country. This principle has evi.
IDENTIFY been kept in view by the law max.
ing power when aiding the construction of
national highways by extensive grants OF
land and in accordance with it. l, was
wisely provided in this grant that unless
the lands granted were sold by the compan-
les within a reasonable time they should be
opened to actual settlement under the au-
spices Of the pre- emption law, so that they
might be acquired and settled upon by per.
sons OF limited means, while the proceeds
OF such sales are to be turned over
10 the companies. am, therefore.
of the opinion that an actual
sale to a bona tide purchaser for a valuable
consideration within the time limited is the
only disposition which it was intended bv
congress should exempt any Of said lands
from sale under the prescription act. The
secretary expresses the opinion that the
mortgage in the several states and ~territor.
les in which land granted by the act o fJuly
!, 1864, and the act amendatory thereto o.
July 2, 1864 are located, are not at variance
with legal title, but simply pledge as secur.
ity a lien thereon, and that no estate is BY
such Instrument vested in mortgages, eithe,
before OF. after the condition was broken. Ir
each and every one of the mortgages pre-
sented in this case the legal title as we'll as
rights of sale and disposition of lands there,
in described is retained in companies, the
trustees endorsing the mortgages with full,
knowledge of limitations of right and au,
thority OF companies to make the same,
while the companies, by terms of mortgage
had the right to sell and dispose Of lands
the trustees were to receive the proceeds O,
all sales of lands made. This right of the
companies to sell lands having ceased. by
virtue of the third section of the act of JULY
l, 1862. the security of the mortgages will
be subrogated by moneys arising from sales
when made by the government. In con.
Guiding, the secretary saws, after full con-
slderation ! am unable to find any reason
for suspension of my decision of July 90,
1878.