The Findlay Jeffersonian. [volume] (Findlay, Hancock County, Ohio) 1870-1881, 1878-10-04
LANDS FOR ACTUAL SETTLERS.

SEC'Y SCHURz has, after hea- ms
: targument from the railroad caInpanies
; interested, affirmed his decision made
4 lin July that all the lands granted by
: Congress to the several Pacific Rail.
: roads, and Dot sold by these railroad
+; companies within three years after the
completion of the roads, are now open
to private entry and pre-emption at
the regular Government price for pub
lie lands of 81. 25 per acre. The several
grants provided that these lands should
De open to private entry and to pre-
emption 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 onlk for cash to land companies,
and patents therefor were issued by
the United States, and such lands have
been held as private property, aud
regularly taxed by the State aud local
authorities as other lands patented by
the Government. In the other cases,
the companies executed mortga ges of
the lands, or conveyaness of the lands
to trustees, with power to sell and give
title, and apply the proceeds to the
bsne6t of the companies. Mr.. Jerry
Black has given an opinion that this
conveyance of the land to trustees, to
aecure debts or liabilities of the com
panies, fully overcomes the require
ment of the law tba all such lands not
sold, :" OF otherwise disposed Of shall
be open to private entry. He has de-
clared that in his opinion the convey
ance of the land to trustees to secure
the payment of mortgages was a ''dis-
po>al" of the property, in contempla-
ton OF the law. -l
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 snch 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
immense quantities of land to aid in
the construction of tie several Pacific
Railroads, the policy of securing the
lands to actual settlers at reasonable
prices was not abandoned. The com
panies were required to aell their lands
within three at such prices as eonlc be
got for them, or the land was to be
opened to private entry at the standard
price per acre, aud be open also to the
right of pre- emption. This would open
them to all persons of limited means,
leading to the early settlems Mt of the
lands, and furnishing cheap homes to
the industrious. Mr.. Sehurz decides.
therefore, that the only disposition of
land intended by the law to take it out
the right of pre-emption and private
purchase is bona Jfde sale of the land
within the time Indicated by law. He /
holds that a mortgage is mere security
vesting no title to the land in the
mortgage either before or after the con-
dition ia broken, because the mortgage
can be discharged as well after as at
maturity. The companies 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 mortgages had the right to eli and
dispose CT the lands, the trustees were
10 receive the proceeds of all sales of
lands made. This right of the COM
panies to sell lands having ceased by
virtue of the third section of the act !
of July 1 1862, the security of the
mortgages will be subrogassd by mon
eys arising from sales when made by |
the Government.
This decision stands as the law of |
the case rntil reversed by the courts.
In the meantime applications have been
made at the Department for lands here
tofore held by the railroad compnies,
and now open to private entry, at 81. e5
per acre. If this decision be affirmed,
i5 will lead to the sale, for cash. or
substantially cash, of an immense area
of public lands along the lines of rail. /
roads, 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 pes acre,
and its cultivation by a permanent
productive people. 1t would be more
profitable to the railroads than the
holding of the land indefinitely, and
the consequent postponement of set
tlement.-Chieago Tribune.