The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1878-07-30
THE paE-EmpTIoN Of RAILROAD LANDS.

Land Grant provides, shat all lands
granted under this act, which shall not
be sold or disposed of by said company
within three years after the entire road
shall have been completed, shall be sub
ject to settlement and presumption, like
other lands, at a price not exceeding
one dollar and twenty-five cents per.
acre, to be paid to said company"
A very important question which has
recently arisen in the decision Of Secre-
tary Schurz regarding the Union Pacific
land grant. is as to the time Of the COM
pletion Of said road. This question
has already been considered in the
case Of the railroads against the
United States for services rendered
before the 18th of May. 1874, the
time which the railroad claims the
road was completed. The defendants
in the 81 claimed that the road was
completed on or before the 9th of No
vember, 1859. One Of the questions
passed upon by the court of claims be-
fore which the case was heard was as to
when the Union Pacific was completed
from Omaha to its western terminus
within the meaning of the act. In its
decision the court says:
1.-THE Secretary Of the Treasury on
the 9Th of November, 1869, ordered the
issue Of the subsidy bonds due to the
claimant on the westernmost and last
section Of the road, and in the presenta-
tion of the case the Government has
treated that day as the one from which,
for the purposes of the case the compile
tion of the road should be dated. We
therefore hold that to be the day of
completion" This decision, however,
is not a f1nality and the case was car
ried up to the Supreme court, which
will give a decision in the case probably
next winter.
Much depends upon the decision Of
the Supreme court as to the effect of
the late decision of the Secretary of the
Interior in regard to the right of the
settler to enter lands under the act of
1862. If the question is decided in ia
vor Of the Government, of course the
effect will be to the interest of settlers.
II 1t is decided that the road was not
completed until in 1874, there will be
comparatively few who can avail them
selves Of the provisions of the act max
ing the grant, and the decision of the
Secretary is that application can only be
made by those purchasing lands of the
company since May, 1877, this being
three years after. the time Of the COM
pletion of the road, as would then
finally be fixed by the Supreme court.
Another important question to be de-
cided by the courts before the settlers
can take advantage of the law, is in re-
lation to the claim made by the COM
panies that they have sold their lands
to the holders of the land-grant mort
gage bonds, within the three years al
lowed by the law. It will have to be
decided whether this sale or mortgage
is a bona Jfde sale within the meaning
Of the law. At all events the railroad
companies would probably litigate the
cases arising under the decision of the
Secretary of the Interior, and they are
better able to stand such litigation than
the parties claiming the lands. 1t will
be an expensive matter for them to
fight the railroads, and it would proba-
bly, cost more than the difference in the
price Of the land would amount to. In
this Territory where the railroad hands
are not worth much, the company
would be glad. probably, to have set
tiers take its lands at S1.25 per acre.
The fact that the most of these lands
have not even been surveyed, proves
that the company does not consider
them of much value.