The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1878-08-08

and the Company that accepted the
grant with the conditions.
The fact that said Company so under.
stood this grant lis made evident by Q
circular issued by its Land Commission
ers, dated May, 18th, 1873, inviting pur-
chasers of Its lands, in which he says:
''The road Was accepted by the Govern
ment as complete, about six months ago.
In three years from that time the unsold
lands WILDE subject We suppose, to the
presumption laws, but We hope and expect
to have oil our lands sold before that time
arrives. All railroad lands sold by this
Company are sold clear of taxes, with
assurance of perfect:title when paid for"
Moro than three years having elapsed
since the completion of said road, and
its acceptance BY the President, at the
time Mr.. Dudymott filed his Declaratory
Statement for the tracts in question. l
am of the opinion that his application
should have been received BY the local
officers, subject, however, to the condi-
ton that it be made u appear before
final certificate issue to him, that, at the
time bis Declaratory statement was filed
for said tracts, said Company had not
sold or disposed Of the same.
In your decision it is held 'sthst the
matter of the disposition Of lands in the
application in hand, is not within the
jurisdiction or control OF this Office" If
the views l have expressed in relation
to the sale and disposal OF said lands are
correct, and see no reason to doubt
their correctness, the sale and disposal
of lands in the condition Of those applied
for, if unsold at the time by said Com
pany, is clearly within the jurisdiction
of your office "like other lands"
BY the terms of the giant by which
said lands, or tho proceeds which shall
arise from the sale thereof, Injured to
said Company, 1t ia provided that lands
remaining unsold at the expiration of
three years from the time when the en-
tire road was completed, shall be subject
to settlement and presumption, like 9TH
or lands, at Q price not exceeding one
dollar and twenty-five cents per acre.
In other words, that said lands shall
revert TO the public DOMAIN for sale and
disposal for said Company under the
presumption laws OF the Uoited States.
And whether it be considered that said
lands are public lands in q general or
special sense, cannot IN my opinion
effect the jurisdiction Of your Office in
making sale and disposal Of the same.
At the time this grant was made, the
provisions of the presumption law were
we'll understood, and in so far as said act
provided that the lands granted shall be
subject to settlement aud pre- emption,
like other lands, it must be considered,
that Congress intended that the same
rules and regulations should be adopted
in relation to::the disposal and sale Of said
lands as are adopted in the sale of public
lands under the presumption law.
While It may be true that further leg
islatiOn in relation to the sale of SAID
lands might have been advisable, still /
do not think it to have been absolutely
necessary, except 10 provide for the
manner in which the proceeds which
shall arise from the sale of said lands
shall be paid to SAID Company.
Counsel for the Company suggests
that those lands are covered by . mort
gage, executed by said Company, to So
cure moneys borrowed in tho construc-
ton of it's road. If this be true am IN
able to perceive that said mortgage is
any obstacle to the disposal Of said lands
10 accordance with the provisions of the
granting act. The Company mortgaged
such interest in the lands - it possessed,
and the mortgages must be considered
to have taken the mortgage with full
knowledge Of the right Of the Company
to make the same. Aside from these
considerations, however, tho provision
in tho mortgage which authorizes the
Company to sell and dispose OF the lands
granted, and make conveyance thereof
to the purchasers, which conveyance
shall release the right Of the mortgages
to the particular tract, will IN the same
manner protect tho pre-emptor who pur-
chases of the Government, which has
authority to sell the lands and pay the
proceeds arising from such sales 70 the
company.
The local officers of each of the land
districts in which lands inuring to said
company by virtue of said grant, are
situated, should be instructed to receive
filings conditionally for said lands in
tracts not exceeding one quarter section,
by qualified preemptors, and on,receipt Of
such declaratory statements, to call upon
the Company for . statement showing
whether the lands applied have been sold
by il; and if not sold, then the declare
tory statement should DO allowed sub
jeot to the applicants, showing full CON-
plisnce ~ith the pre- emPtion law.
II the Company neglects or refuses to
furnish such statement to the local OH.
GERS within thirty 800 days after service
of said notice, in that case they ahouId
be instructed TO order . hearing, If 80
requested BY the applicant TO determine
whether such tract or tracts are subject
to such filing, giving notice Of tho time
and place, when and where such hearing
will be held, in some newspaper pub
lished and circulated in the county
where the lands are situated, notifying
said Company, and any and oil persons
if such there be claiming title TO said
tracts under il, to appear 1t the time and
place mentioned, 10 show cssss Why !
said declaratory statements should not
be received.
At such bearing the applicant should
q Il - l. =.