Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1878-08-07
The 44ND.GRANT DECISION.
Whit the Uaisn, Pacific (lalcers, Think
3 About 1t..The Matter TO Be Fought
in the Courts--BAl Eject on Land
ON aha Republican,

{ fs~~'S~~s'e AVl'OiNC Wei CaSIiCN CStCIuuy
afternoon at the office Of U. p. Land
Commissioners Durham, and had
conversation with him concerning the
recent decision of Secretary Schurz con-
corning the Pacific railroad lands in case
of DudymCu VI. the Pacific railroads.
The secretary holds that the charter
granted the company must be inter-
preted to lay all unsold lands of land
grant railroads open to actual settlers ut
the government rate, $1.25 per acre, if
unsold at the expiration of three wears
from the completion of the roads. The
price per acre goes to the railroad conl-
pany. The substance Of the converse
ton is given below: tty
The decision is unjust to the COM
pany, aud not based upon good grounds.
A certified copy has not been received
at this office, and the published deci-
sions may be modified, by comment of
newspapers, so that We have not the
entire matter before us to base our views
upon. There has been some conflict
Of opinion among newspapers which has
led to the intentional o: unintentional
misapprehensions OF the facts. The
lands are still held by the railroad COM
panies, and they are entitled to the pro-
ceads from the proposed pre-emption,
as is clearly expressed in the text of
schurz' opinion. The language of the
charter is Gan lands unsold or not dis
posed of after three years from the date
Vt completion of the road or n Dads shall
be open to actual settlers, for pre-emp-
ton at $l.25 per acre." to be paid to
the railroad company to whom these
lands IRE granted. ''-'..t '-
Now it has been held by no less u
legal authority than Judge Jere Black,
in case brought by the Kansas Pacific,
that the words mot disposed Of may
be and clearly are to be interpreted,
not as meaning unsold, but, not in any
way placed out of the hands Of the COM
pany. He further holds that the first
mortgage bonds that are provided for in
the act Of ga, whereby the bondholders
are secured by these lands, is an actual
disposition of the same. The same
would be held upon oil other roads hav-
ing the land grant mortgages. .
The decision of the secretary is such
that it includes all railroads built upon
the Immigrant plan, and OF course af-
fects all. Nearly all the important
western railways are hence affected. for
nearly all have unsold lands. No doubt
is cast upon the right of the road to sell
its lands for any price, until some indi-
vidual attempts to settle upon piece,
and appears at the local lands Office for
that purpose. Here. then, the trouble
begins, and it is the purpose Of this
company, and doubtless the Burlington
and Missouri and others will pursue the
same plan, to contest every case that
comes up, and carry it from court to
court until final decision is reached in
the supreme court. In all such cases
there will be but two main questions to
decide. I. The time of completion Of
the road in question, no that the three
years alter may be determined.
2. What is meant by disposition of the
lands. Ia3i 4lIHta-l.I sil ILL., HItpJ
The secopd question is the more i'm
portant. II the secretary's decision be
maintained, then the security of the
Immigrant bondholders is lessened by
the difference between the ordinary or
probable selling valueOf the land and
the 81 .45 per acre. These lsnd.mort-
gaze bonds were given 10 procure means
for the completion of the railroads
Had n sufficient amount of money been
raised for the required purpose, upon
a smaller number of acres OF land than
the entire land grant, then that portion
remaining unmortgaged at the end Of
Three years from the completion Of the
road would como under the term '...not
disposedci," ap41H6nld be open to-pre-
empti0n. IN 4, g.5sss
The worst feature Of the case is the
shadow it casts upon the title Of the
railroad companies in the eyes of those
not posted, which will materially inter-
fere with their sale. It will prevent the
rapid settling of the country, too, as
many who would have been brought in
to the country by the companies will
hesitate to purchase, not understanding
the nature OF the com pany's right to the
lands. The number Of prescriptions
will be comparatively few, for there are
not many men who care TO fight a rail.
road in a law suit, and persons ignorant
the provisions of the Law will neither
buy nor pre-emnt. $50
Mr.. Poppleton, the attorney for the
road, is now east, and will consult with
the New York officers rs to what will be
done in the matter. 1t is probable the
subject will be taken Immediately &c
the courts and there decided finally.
A BALTIMORE tramp mistook Cos
pei tent for circus last Sunday. TIL,
Row Mr. Gum nlin1a WAS Leading Ii