The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1881-08-26
Northern Pacific Railroad Tities.


Yeisoustone Journal, August 1871.
The long-expected land agent of the
Northern Pacific Railroad Company has at
length arrived here, and settlers on the odd
numbered sections In Eastern Montana are
congratuiatIug themselves with the hope
that the uncertainty which the company has
hitherto seemed TO foster as to the condi-
tions upon which they can secure the owner
ship Of their lands Is about TO be dispelled.
We presume that the position Of the railroad
company has hitherto occupied on that i'm
portant subject has been one Of apparent
rather than real apathy. IL Is not ut all
likely that the sale of lands would have
been stponed until now had the company
felt itself capable OF handling them at an
earlier date. As II Is proposed TO enter
without delay upon the business Of convey
Ing them TO the public, II is safe presump-
ton that the company now feels itself COM
petent TO make such conveyances. If this Ii
30 and valid titles can be given TO railroad
settlers, there will be well justified rejoicing
throughout the length Of tie Yellowstone
Valley. Several questions, however, have
arisen on this point which require satisfacto-
~ settlement before the railroad settlers
will enter with much zeal into the purchase
OF the lands they are occupying. These
questions, emanating from variety Of COM
piications which have attended the progress
of the Northern Pacific railroad, all resolve
themselves into the ultimate interrogatory ::
Can the railroad company convey title to Its
lands2 We are reluctantly forced to express
the opinion that 1t cannot do so at
present, nor for some time TO come. In the
first place. as we explained In our last issue,
the company will not itself acquire title until
the completed sections of its track have
been formally accepted by the government
by such acceptance the road for the first
time will be placed In position In which IL
will be enabled to acquire title to the mag
nificent domain which the government has
promised to reserve for its possession. IL
then remains 10 have the odd-numbered sec
tions specifically transferred TO 1t by the Land
Department of the government, and 1.-THE
transfer to be noted on the plats Of the sew
eral land district Offices TO which such sec
lions respectively pertain, and then the fee
passes to the railroad. Until these formal
tiles shall have been accurately and techni-
cally complied with, the land will belong to
the United States, and all attempts to convey
title 10 II must necessarily be imperfect. In
stead Of giving full title, the most the rail-
road company can do In the interval will be
10 bind itself by contract not to interfere
with the occupancy of the settlers with
whom II Is treating. But another grave
question insinuates itself. The Northern
Pacific Company last year Is understood to
have effected loan of several million dol
lars for the purpose of completing Its road
west of the Missouri River, and as security
for that loan TO have pledged In anticipation
Its unearned land grant. The subject was a
matter Of Congressional investigation last
winter. A resolution was adopted calling
for an explanation Of the manner In which
the road had illegally morgaged lands
which theydid not yet own. The explana-
ton was given that IL had not In fact mort
gagged what II did not own, but had entered
into contract TO give such mortgage as soon
as II should acquire the ownersliip'of the
lands. As the case stands, all the railroad
lands In the Yellowstone Valley will be
mortgaged when they are offered for sale to
settlers-or, rather, when the company &C.
quires the right to offer them for sale as
al. owx.la Ina Ia "a
the title to them, the railroad company or
the mortgage? And what portion of the
responsibility will the purchasers be expect
ed to assume? We understand that In the
transfers OF railroad lands thus far made In
the vicinity Of Glendive the purchasers agree
TO take the land subject TO existing and fti-
ture mortgages, the latter referring, we sup
pose, TO the prospective incumbrance above
mentioned. II may be that the seeming
complications we have named can be har-
monized In both the interests Of the CON-
pany aud its grantees, but we ars sufficiently
conversant with the popular sentiment on
the subject In this valley TO feel convinced
that until such adjustment is assured there
will be general reluctance on the part Of
railroad settlers to pay out their money for
what appears ut best TO be imperfect and
uncertain titles to their purchases. The
case Ii precisely the same with regard to
town lots In Miles City. Until the railroad
company itself shall own this section 1t will
be unable to give more than shadow of q
title to IL, whether disposed Of In large or
small subdivisions. And when 1t does event.
ually own 1t, which we sincerely hope II
will during the approaching autumn, then
will step In the mortgage with his claim.
The railroad plat of the town win, we un-
derstand, be shortly filed in the County Re-
corder's Office. But there are several further
steps requisite on the part Of the Northern
Pacific Railroad Company before 1t can
rightfully and legally assert title TO the
land on that plat.