Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-07-24
LAND GRANTS.

LAND URANIS.
Important Decision of Secretary Schurz In
Relation to Presumption of Lands Grant
ed Railroad Colnpanies--All Conditions
Made by the Government Run With the
Grant.
WASHINGTON, July 23.-In the Dudley Motto
case, Secretary Schurz decided that Pacific
railway lands may be pre-empted. The de-
cision says nearly all of the grants made by the
United States to aid in the construction of
railroads, or other works of internal improve
ment, have had annexed to their conditions,
some of which conditions precedent. and
other conditions subsequent. Such conditions
are found in this grant to the Kansas
Pacific. 1t cannot be denied that Congress had
the right to make the grant to said company,
absolute and unconditional, but in order to Sc
cure the objects for which the grants were
made, conditions were annexed. The company
had the right to accept reject the grant with
the conditions herein made, but, being accept
ed, it Is now estopped to deny their force
and the one under which applicant
now claims the right to enter portion of land
granted to the company, is that all such landa
as granted by the section, which shall not be
sold or disposed of by said company three
years after the entire road shall have been COM
pleted, shall be subject to settlement and pre-
emption like other lands, at price not exceed
ing Sl.25 per acre, to be paid to SUCK company.
While it is trne that neither of the decisions
OF the supreme court clearly and distinctly de-
tine the right of the government in the dispo-
sal of said lands, still they clearly indicate the
opinion of the court that such a right exists,
and whether it be considered that
the estate granted is conditional es-
tate an estate with conditional
limitations. In either case ! am of opinion
it must be held that the condition runs with
the grant and is in effect reservation of a
granted to the company which remained un-
sold by it at the expiration of three years after
the entire road was completed.
Under the provisions of tt pre-emption law
it is manifest, think, that Congress did not
intend to grant to said company SO large q
quantity of land to be held and sold by it at
speculative prices, but desiring to give it aid
and assistance in its undertaking, at the same
time provided that an actual settler who was
willing to pay the price stipulated, should have
the right to settle and make home upon any
of the lands SO granted. and in order to secure
this right to the settler, and at the same time
secure to the company an aggregate consdera-
ton for lands reserved the right of sale thereof
after the road had been completed for three
years.
This view is not inconsistent with the object
to be attained in making the grant. That OBJ
ject was to aid corporation in the construc-
ton of a work of national Importance which
contemplated an expenditure of money beyond
the resources of private individuals, and
whether that aid should be given in lands which
might be sold by the company to reimburse it
for the expenditure made or whether the gov
eminent should sell the land at a stipulated
price, and pay the proceeds arising therefrom
|
| both by the government and the company that
| accepted the grant with the conditions.
The fact that said company SO understood
this grant, is made evident by u circular issued
! by its land commissioner, dated May 18th,
! 1873, Inviting the purchase of its lands in
which he says: The road was accepted by the
government as complete about six months ago.
| In three years from that time the road lands
Will be subject we suppose, to the presumption
law, but we hope and expect to have all oul
lands sold before that time arrives. All rail.
road lands sold by this company are sold clea,
| OF taxes with the assurance of perfect title
| when paid for.
More than four years having elapsed since
the completion of said road and it's acceptance
by the President at the time, Mr.. Dodge Motto
filed his declatory statement for the tracts il
! question. 1 am of opinion that his application
should have been received by the local officer,
subject, however, to the condition that it bt
made to appear before final certifcat,
issue to him. that at the time
his declatory statement was filled fo
said tract, said company had not sold or dis.
posed of the same. If the views have ex.
pressed in relation to the sale and disposal OF
said lands are correct, and l see no reason t.
doubt their correctness, the sale and dispose
of the lands in the condition of these applied
for II unsold at that time by said company
is clearly within The jurisdiction of the lane
Office like other land.
By the terms of this grant, by which sail
lands. or the proceeds which shall arise from
the sale thereof, reinsured to said company. i
is provided that the lands remaining unsold a
the expiration of three years from the tim
when the entire road was completed, shall b
subject to settlement and pre-emptlol
, exceeding Sl.25 per acre. In other words, tina
) said lands shall revert to the public DOMAIN
: for sale and disposal for said company, unde
the presumption laws of the United States
! and whether it be considered that said land
are public lands, in a general or special senss
cannot. in my opinion, affect the iurisdictio
of the land office in making sale and dispose
: of the same.
: The decision concludes with directions t
J local officers for its enforcement, and says: l
making returns OF moneys arising from til
, sale of said land, local officers should be i,
structed to keep a separate account of lane
sold and moneys received therefor on accou1
o VI Sdlu COLI pdHy, LII Oruer lnaG uue same ma
: be passed to it's credit. In this case, inasmue
e as it does not SATISFACTORY
:, for had been sold by the company at the tin
s Mr.. Dodge Motto filed his declatory statemen
n the commissioner of the land office will i
0 stru.t tile local officers to call upon said COZ
I pany for u statement showing whether the Ian
d had been sold by it at that time, and if it
h fuse or neglect to furnish such stateme
8 within thirty days after the service of sa
p notice, that they order hearing to determi
e that fact
IT Col. Forsyth Again Encounters the Hostile
SAN Francisco, July ga Baker City d
" patch says Col. Forsyth's command left Robin
e vile, Grant county, Saturday. Near Gle
ID creek they struck deep canyon. and fourte
T. of Robins scouts were sent ahead. In a
minutes they were fred upon by India
to strongly posted in the canyon. n. H. Freem
A. was killed and two others wounded. The sco
n retreated to the main body. The Indians abb
e, doned the position before the troops came
tn The hostiles are making for Malheur agency.
IL ------
We A Japanese Charnel Ship.
We SAN Francisco, July 23.-The schooner Pal
Ia let reports that on the 7th inst, off the CO
he about 100 miles north of this port. she fell
with a Japanese Junk, Not q living per