American citizen. [volume] (Canton, Miss.) 1864-1890, 1878-08-03

| Pacific Railroad Lands, Rot Disposed Of
Within Three Tn, Years Aftsr the ComPlel
| emption.
WASHINGTON, d. c., July 23.-In the
| Dudyfhott case Secretary Schurz decided
that the Pacific Railroad lands may be pre-
empted. The decision s:iys nearly Ill of the
grants made by the United States to aid in
construction of railroads or other works of
internal improvements have had annexed to
them Conditions, sonic of which are condi-
tions precedent and others conditions subse-
quent. Such conditions are found in this
| grant to the Kansas Pacific Company. 1t can
not be denied that Congress had the right to
make the grant to said company absolute and
jects for which the grant was made, condf-
tiOns were annexed. The company had the
to nseep III m ft wss
ed it it is now estopped to deny their forte,
and the effect of one of these conditions, and
| the one under which the applicant now claims
| the right to enter portion of land granted
to the company, is that, all such lands SO
sold or disposed of by said company within
three years after the entire road shall
to settlement and pre- -emption like
other lands, at price nat exceeding 81 Is per
acre, to be paid to such company" While it
Supreme Court Clearly and distinctly define
the right of the Government in the disposal
opinion of the Court such right exists, and
whether it be considered that the estate
with a conditional limitation in either case
am of the opinion that it must be held that
the condition runs with the grant and is in
effect a reservation of power of sale in the
Government of lands 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
ton law. 1t is manifest, 1 think, that Con-
so large a quantity of land to bo held and
sold by it at speculation prices, but desiring
taking at the same time provided that the
actual settler who was willing to pay the
tie and make home upon any of
the lands so granted, and in order to
secure this right to the settler, and at
equate consideration for lands, reserved the
right of sale thereof after the road had been
inconsistent with the object to be attained in
making the grant. That object was to aid q
corporation in the construction of a work of
national Importance which contemplated an
expenditure of money beyond the resources
of private individuals, and whether the aid
should be given in lands which might be sold
by the company to reimburse it for expend1-
lures made, or whether the Government
pay the proceeds arising therefrom to said
company. were considered immaterfal, both
accepted the grant with the condition. The
fact that said company so understood this
mt Is mad na By sv
its lands, in which he says: "The
complete about six months ago. In three
years from that time the unsold lands will be
to tne ali onp
sold before that time arrives. All railroad
lands soid by this company are sotd clear OF
paid for" More than four years having
elapsed since the completion of said road
time Mr.. Dudymott filed his declaratory
statement for the tracts in question, 1 am of
been received by the local officers, subject,
however. to the condition that it be made to
that at the time his declaratory statement
WAS filed for said tract said company had
not not sold Sin or disposed OF the same
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 I'm the
condition of those applied for if unsold ut that
time by said company. are clearly within the
lands. By the terms of the grant by which
said lands, or proceeds which shall arise
it is provided that lands remaining unsold at
the expiration of three years from the time
when the entire road was completed, shall
be subject to settlement and pre- -emption like
other lands, at a price not exceeding Sl.25 per
acre. In other words. that said lands shall
posal for said company. under the pre- emp
ton laws of the United states, and whether it
be considered that said lands public
lands, in a general or special sense, can not,
in my opinion, affect the jurisdiction of the
Land office in making sale and disposal of
the same.
The decision concludes with directions to
local officers for its enforcement, and says:
" In making returns of moneys arising from
the sale of said lands, local officers should be
instructed to keep a separate account of lands
sold and money received therefore on ac
count OF said company, in order that the
same may be passed to its credit. In
this case, inasmuch as it does not
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 Office
will instruct local officers to call upon said
company for a statement showing whether
said lands had been sold by it at that time,
and If it refuse or neglect to furnish such
statement within thirty days after the service
of said notice that they order a hearing to
determine that fact"