San Marcos free press. [volume] (San Marcos, Tex.) 1877-1892, 1878-08-10
AN IMPORTANT DECISION.

AN lMPORTANT DECISION.
Pacific Railroad Lands, Not Disno. -.
Within Three Years After the Compis.
ton OF the Road Are Subject to Pre.
empti0n. ''
WASHINGTON, D. c., July 2S.-In IN.
DudymOtt case Secretary Schurz dec,Sas
that the Pacific Railroad lands NAV bo N.Y.
empted. The decision says nearly nj, ~ AZ.
| grants made by the United States To ala Wy ~
| construction OF railroads or other WORKS y,
internal Improvement have had annexed 10 =,
them conditions, some OF which are oondS
lions precedent and others conditions snhsn
! quent. Such conditions are found in III,
grant to the Kansas Pacific Company, Itcans
not be denied that Congress had the right to
unconditional, but In order to secure the oh.
jects for which the grant was made. condj.
tons were annexed. The company had thu
right to accept or reject the grant with the
ed 1t it is now estopped to deny their force
and the effect of one OF these conditions. and
the one under which the applicant now claims
to the company, is that, "all such lands ~
granted by the section, which shall not bS
sold or disposed Of by said company within
three years after the entire road shall
to settlement and pre- mption Tia
other lands, at a price not exceeding 81 q ner
acre, to be paid to such company" While Il
Is true that neither OF the decisions Of the
the right of the Government in the disposal
of said lands, still they clearly indicate In the
opinion OF the Court such right exists, and
whether 1t be considered that the estate
granted is o conditional estate or an estate
with conditional limitation, in either case /
am of the opinion that 1t must be held that
the condition runs with the grant and is in
Government oflands granted to the company
which remained unsOld by it at the expir.
alton of three years after the entire road was
completed, under provisions of the pre.emp
gress did not intend to grant to said company
SO large a quantity OF land to be held and
sold by II at speculation prices, but desiring
to give It aid and assistance in its under:
actual settler who was willing to pay the
price stipulated should have the right to set.
tie and make home upon any of
the lands 49, 50 granted and as, in order to
the same time secure to the company an ad.
equate consideration for lands reserved the
right of sale thereof after the road had been
completed TOR three e years: ears. This view Is not
making the grant. That object was to aid
corporation In the construction of work of
| national importance, which contemplated an
expenditure Of money beyond the resources
should be given in lands which might be sold
by the company to reimburse it for expendi.
lures made, or whether the Government
should sell the land ut a stipulated price and
pay the proceeds arising therefrom to said
company, were considered immaterial, both
by the Government and the company that
accepted the grant with the condition. The
grant is made evident by circular issu.
ed by its Land Commissioner, dated May
u, 1878, inviting. the purchase Of
its lands, In which he says: THE
complete about six months ago. In three
years from that time the unsold lands will be
subject, we suppose. to the pre- emption law,
sold before that time arrives. All railroad
lands sold by this company are sold clear Of
taxes, with assurances of perfect title when
paid for" More than four years having
and its acceptance by the. President, at the
time Mr.. Dudymott filed his declaratory
statement for the tracts in question, am OF
opinion that his application should have
however, to the condition that it be made to
appear before a final certificate issue to him
that at the time his declaratory statement
was filed for said tract said company had
not sold or disposed of the same. If
the views l have expressed in relation
to the sale and disposal of said lands are cor
rect, and see no reason to doubt their cor
rectness. the sale and disposal OF lands in the
time by said company, are clearly within the
jurisdiction of the Land Office, like other
lands. BY the terms OF the grant by winch
said lands, or proceeds which shall arise
from the sale thereof, Injured to said company,
it is provided that lands remaining unsOld at
the expiration of .hree years from the time
when the entire road was completed, shall
be subject to settlement and pre- emptionlike
other lands, ct price not exceeding sleeper
acre. In other words, that said lands shall
revert to the public domain for sale and dis.
posal for said company, under the pre.emp..
ton laws of the United States, and whetherit
be considered that said lands are public
lands, in general or special sense, can not
in my opinion, affect the jurisdiction OF tine
Land ONCE in making sale and disposal OF
the same.
The decision concludes with directions to
local officers for its enforcement, and says:
Gin making returns of moneys arising from
the sale of said lands, local officers should De
instructed to keep separate account OF lands
sold and money received therefore on &C.
count OF said company, in order that the
same may be passed to its credit. In
this case, inasmuch as it does nos
satisfactorily appear whether lands applied
for had been sold by the company at the time
Mr.. Dudymott filed his declaratory state.
ment the Commissioner of the Land once
will instruct local officers to call upon SAID
company for statement showing whether
said lands had been sold by it at that time,
and if it refuse or neglect to furnish sucn u
statement within thirty days after the service
pf said notice that they order hearing W
determine that fact"