, 1879-02-04
hereih r.~ red 10 s Of sufficient tmporsarce to
| he brought to tte attention Of the Committees
| on Appropriations nni on Commerce OF uIe
| Senate and House Of Representatives.

hereihr>~ red 10 is Of sufficient Importance to
he brought to tire attention OF the Committees
on Appropriations nn'l on Commerce Of tlIe
Senate and House Of Representatives.
SUPREME COURT.
DECISIONS AHNouHcEn.
WAsH1xorox, u. c., Feb. 3.-Thc following
Supreme Court decisions are announced:
No. iii. E. E. Patterson, plaintiff in error,
". The Commonwealth of Kentucky. In error
to the Kentucky Court Of Appeals. Judgment
AGrfusi With eosta.
No. 164. Village Of Evanston "a. Jcssie Gun.
In error to tho United States Circuit Court for
the Northern District Of Illinois. Judgment
affirmed with costs and tntcrrst.
No. ia. United States, plaintiff in error, "
Clark ". Thompson at Al. In error to thu
Circuit Court Of the United States for the
District OF Minnesota. judgment reversed, aud
cauae reman.lcd fur further proceedings in con-
forn!ty with The opinion Of this Court.
NJ. I'9. Union Pacific Railroad Company,
plaintiff 10 err"s, ~. Cnunty Commissioners
Of DodEe County. In error 70 the Circuit Court
os The United States for tie District Of Nebras.
ka. Judgment affirmed with costs.
Mt. 10. 1!,r Cnitcu States, plaintiff In error,
vs. Louis bcneckc On certfficatc OF ll7tsiun
from the United States Circuit Court Of tile
Western f,istHct of Missouri. The first and
fifth questtons answered In Tho negative. No
ans~cfs deemed necessary on the other
questions.
Tie United States. plaintiff IN error, vs. Clark
Irvine. On certEtlcate Of division from the
Circuit Court OF tile United states for the West
crn D!sttIrt of Missouri. The second question
answered In the negative ant the third IN The
affirmative.
Adjourned TIL Monday, starch 3.
WABASH & MIAMI CANAL.
HAS THIS CANAL HEvEHrkp FRoM INDIANA 70
TIM UNITED ssATRsf-OrINtoN Or THE At
TORNRY-1kAERAL~
FYp,n Our o,fr corrrspondrnf.
WAsnisoroN, D. C., Jan. 30.-so.nethiu mora
than year uUo tic Senate passed the following
resolution.
,R<.oised. That the Attorney .t;.netsl be hereby
directed to report 10 the Se1lnie whether te tads
nnd rights cranted By the tinted States 10 tho state
Of Indiana By ihe act entitled IAN act 10 aathor-
public LANDS eonnc,t tho Of the lisers
Waba.h md t!ic Miami Of Lake Erie" appsnvaa
according 10 tic icrm. Of sssi set, Reverted to IL,
Of the United States. legislative Or otherwise. il
necessary AND proper to cnshio II 10 Obtain poass4'
sion thereof.
The Attorney General has but recently COM
plctcd bis reply. III conclusion he says:
In response to % much Of tl,s resolution ss d.
reefs me tu reo4rL ''wlat Rcti0n Oh the part Of
necessary" have to statu .l!et am ut ihe
opinion that Con9ress may pr0vfdu by appropTi-
ate legislation for the appointment Of Com
missioner to examine sRtd canal. and report
CEASED to be used as public highway. II such
Commissioner Ia apnontcd, md his report ahall
sl,ow tlat tic canal has bccn abandoned, Con-
grass NAV then, declare forfeiture, or direct
the Attornoy-Genoral tn the Courts to have +
forfeiture declared.
The questtons which the Attosney.leuesa1
sugccsts ought to be settled In connection with
this Inquiry arc:
|. lIas there hoen breach Of any Of the con-
dito"s named IN the granting ac1 for which the
>. II 10, caft the Uuttea States NOW aasest any
claim to the lands fnclu1el within said r'ght-ot.
wnYf
The Attorney General, IN tue eourse Of his
opin!ont saya:
Dr tlsc rcport u the Acting Commissioner OF
tln ieneral Land O!ice. dated Dec. 10, 151Y, It
appears that, III pxtent'ug tlsu lands over and
tsansn Tne ae s ~ nt the ss"a, suns ne
br the net Of May Is, 1874, "but, on the cou.
trary, . . tic lands were disposed Ut With
of.way."
port to tc based oil MI examination Of every
tract patented which was Affected BY said right
of.Wnf. Gluy, think. Ge accepted a. shnwinX
the action ot the t;uvcrnuent III relation TO all
created by said act
Ii fl bo trae that oil ut tho tracts over and
through, which said rIght-of-way passed weru
,Gs tS nseT..nrly s9'l9%s ~,
United states Inns no intcErat In the lands Iu-
clu.!c4 within tue ltmiss OF tlu rtcht-ai-way.
As h*fDrY stated, tue purchasers or grantees ut
,lIc Unttc1 btates took tie foe Of the lands
patented ttI thttn subject to the easement
atci oy The act Ut ISL, but, on . discontinue
aace Or abandonment ol TINT right. .of-xAy, ,llu
entire atn! exclusive jHoperfy anu right VI en.
jnsn>ent thereto Vested In the psoprietors Ut
The suli.
Without expressing any opia!on as to what
arts usht te deemed sufficient to wsTfant ttit.
turfctture IL declared. tho itlu to the Innu In.
clude4 within tie rigAt-of.way will nut seat in
lhr unitcd states, Int IN ti1s ownera Of tho
traets through which said rtght-Of-way tasscs.
Tie grant by WHICH this rtg,t-of-wny was crs-
stvd heng public grant, d forfeiture cun be
uerla7o only by tls United States. This would
also trrn II. be prrcssary, for, bY the last clause
Ut The sccuntl sectiun uf ltle apt, It Il prDyuel
''That said ralal. When completed. shall be, und
forever rr1latu, public highway for tho u1a Vt
sht Government uf the United states, free from.
any tnli oE ttiartc whatever for any pt"perty af
tue United States, Or persons III their service,
Oh puttic butlness, pasat9E through tad saHc.t
I!e Importance Ut this 16cstiun to ths citizens
OF Indiana is shown by the Following extracts
frutn letter Of John U. pe}ttt, formerly Rep
rcseptnttve 10 Congress truth tlat Btale, to Seu
Atur Staulcv Matthews BIZ. Petttt says:
Tin: inquiry uA importance too two classes Ut
prrsons, iiuw that tls .Mn4l In Iudfana II dl4srd
a,,.l prlscetltnE 10 uecay, viz: =,
|. 'Ihc shose.owners alupg the canal, now thu
thu property and franchises have bern sold au-
der dcCrrU oi this UHttel htutcs Circuit Court,
Hl'l whose farms, for dtatancs VI ~ nlcs. ars
prnctFated BY tha canal. IL the pitutf Net On
such stla "stt 4plyt, reserved trotn salc, and
vested Il! the state VI fndaus. b., The tint ssc-
tlon VI the net III. 3. Htat. ut L., y. 4sl, for
caual, nntt fr no oulrr purposes Whatever" ,"--ia
that dividing line through all lllcsu fuEtna, la0
feet In btcadth, which somebody tlko NAV bee.
rsaarily aud dehantIY uwU, uxxust khe fasmvr
who haA la.ul on buih s1us, and whlcli a4ch
farmer must buy heloru flc eaR get from uus
part nj llis place tO anolhcrf u. the canal Is-
Ink uuw xbllu,on+d, IL every such fa1turs III
oNncst u, BY tt's sccond section, Tue whole