The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1881-05-13
xroHT or WAY.

With the location ana conStructlon OF rail-
roads In Montana the acquisition Of land un-
der their right Of way will Be matter OF
some importance to land owners, although
owing to the large amount Of public domain
and railroad lands IS compared with more
densely settled countries 1t Is relatively Of
less moment. Beside, occupied lands are
comparatively cheap yet aud the disposition
Of occupants Is friendly TO the construction
| Of the road. aEf
Under the laws Of Montana, act Of May Z,
1873, the right Of way Is granted, except ~
against the United States, through the pub
lie lands In Montana, to any railroad corpo-
ration incorporated under that act, and pro-
vision made for the corporation to secure
private lands and premises on the line Of
such road, not exceeding one hundred feet in
width on each side Of the centre Of Its line.
The Northern Pacific and Utah and Northern
companies have, we believe, the same right
Of way provided for In their charters. Where
these lines traverse private lands the owners
Of said lands must be recompensed for the
lMI09 kAkGuy 1uo WhCIC khU AiAouhk va 101u
reccmpense cannot be agreed upon by the
owner of the premises and the representa-
tive Of the railroad company, the law pro-
vides the method Of determining the value Of
such lands, which is To be based on their
value II such railroad had not been built.
So far the representatives Of the railroad
companies have had very little difficulty In
securing title to private lands, the only cases
In dispute we have heard of being ut Divide.
Mr.. Shaw, right Of way agent for the North
ern Pacific company, informs US he has met
with invariable courtesy and In preliminary
negotiations with settlers on the Clarkes
Fork Division has found disposition to be
reasonable in all respects. Col. Dodge has
authorized . like action on the part Of the
railroad company In an important particular.
The company, rs stated, is entitled to strip
OF land 200 feet wide. This makes about
Is acres to the mile. The road traveses
many narrow valleys where the land Is valu-
able for agricultural purposes, and every foot
taken In width Is Of account to the owner Of
the premises. In these instances Mr.. Shaw
will only require for the use Of the railroad
fifty feet on each side Of the centre of the
track, giving the owners permission to fence
In, and requiring the same, Of movable or
stationary snow fences, where they may be
necessary.
There Is one question likely to come up as
an issue between the Northern Pacific CON-
pany and private land owners In certain in
stances. The railroad Company has abso-
lutte right Of way over the odd numbered
sections on Its line not taken up previous TO
the date Of Its notice OF location being fled
In the local land Office, which, for Montana,
was At Helena, May Q, 1872, ss stated to US
by representatives Of the company. It will
have to acquire by purchase lands t.
ken up prior to that date. The railroad
company also holds that by Its notice Of To-
cation being filed 1t acquired absolutely the
right OF way over the even numbered sections
not taken up ut that date /; that entries on
even numbered sections made subsequent
thereto were made subject to this prior and
vested right Of the Northern Pacific Compa-
ny, and thxt such settlers are not entitled to
any compensation for the strip Of land to be
taken by the railroad company. This ques-
ton II said to have been decided In favor Of |
under similar conditions. We do
not believe our people who have made en-
triea since May Q, 1872, on even numbered
sections were aware that such reservation
attached to the land, or that any titles since
granted BY the United States contain such |
The government has received |
and accepted payment for every acre on the
even numbered sections where title has besn |
obtained. 1t does not appear reasonable or |
equitable that the Northern Pacific company
should now be entitled to take 25 acres per |
mile Of these lands without compensation. |
lit Il legal, Il should be demonstrated.
With oil friendly disposition toward the |
Northern Pacific company, and trusting they |
will never need to call In even = commits
sioner to determine the value Of lands In |
Montana required for their roadway, We do
not accept - correct its view Of this case, II
- represented TO us.. It should 1t least be |
judicially determined to the satisfaction Of |
owners Of lands acquired on even numbered |
sections since date Of filing location. II the
company has the legal right, we'll and good.
Ignorance Of the law L. no excuse. But II
the company has not the legal right We wish |
to see owners compensated for their lands.