The Van Buren press. [volume] (Van Buren, Ark.) 1859-1914, 1878-06-04
The Fort Smith Railroad Land Grant.

The Arkansas Democrat Of the 30th
ult., says:
The act Of con gress of February 9th,
1858, making q grant OF lands to the state
| to aid in the construction Of the Cairo
4 Fulton railroad, and its branches pro-
vided for the construction OF a " branch
from Little Rock to Fort Smith, and 1t
was further provided in the act that II
said road and branches were not compile
ted, as required by the act, within ten
years, +" the land unsold shall revert to
the United States"
The time allowed by the first act for
the construction of the road was extend
ed ten years from July 2Sth, 1866 by act
Of congress of that date.
The act provided for the sale and con
vcyanee to the railroad company OF one
hundred and twenty sections for every
twenty miles of road completed. The
lands granted to the Fort Smith road
were patented to it from time to time, as
they were earned by the construction of
the road, from Little Rock, wcstwardly,
to point about forty miles this side OF
Fort Smith. This forty miles OF road
was constructed in 1876, but the road,
instead Of being completed to Fort
Smith," as required by the act of con
gress, was built to Cherokee in the In
dian Territory, u point on the Arkansas
river opposite to Fort Smith. The road
is not connected with Fort Smith by
bridge or ferry over the Arkansas river,
On this state of facts, the proper depart
ment at Washington has refused to issue
to the railroad company patents for the
lands embraced within the grant, and sit
uate in the counties OF Franklin, Logan,
Sebastian and Crawford, on the ground
that the road has not been completed "to
Fort smith,, as contemplated and requi-
red by the act Of congress.
In response to a resolution from the
lower house Of congress requesting the
department to report what grants of land
to aid in the construction Of railroads,
had been forfeited to the United States
by reason of the non-completion Of the
roads in the time and manner required
by the acts making the grants, the de
partment reported the lands granted to
the Fort Smith road, lying in the coun-
ties named, as forfeited to the United
States.
This matter recently came before the
United States circuit court in this city,
on bill filed to restrain the counties
named from assessing and collecting tax
es on the lands lying in those counties.
On hearing the motion for prellmln-
airy injunction, the court declined TO ex-
press any opinion on the question wheth-
er as proposition of law the road was
completed "to Fort Smith within the
meaning Of the act of congress, but
granted the preliminary Injunction upon
the ground that where it was a grave
question whether the company was enti-
tied to the lands, and where it had, in
good faith, demanded the patents, and
the proper departments of the govern
ment had refused to issue them, upon the
ground that the road had not been COM
pleted in the manner required by the
act of congress, to enttle the company
to the lands, that they must prima facie
be regarded as the lands of the United
States, and not subject to taxation by the
state. The court held that it was not
necessary that patent should be issued
to make lands subject to taxation that
when a company or. individual was the
undisputcd owner.pf the equitable title
to lands, and the right to a patent there
for, was admitted by the United States
such lands were sui jcct to taxation,
The injunction granted was temporary
only. and the case will come on for fina
hearing, probably, at the next term.
In answer to a question assuming tina
the road had been completed in accord
ancc with the requirements of the act o
congress, and that the railroad company
could obtain a patent for these lands OF
demanding it, the encouragement OF thu
state answered that on such Il state o
facts they were subject to taxation.
1t will be seen, however that the tact
assumed in the question propounded t.
the attorney-general, and upon which
that officer formed his opinion, and thu
actual facts of the case are widely differ
cnt.