Savannah morning news. [volume] (Savannah) 1868-1887, 1882-04-12
SOUTHERN LAND GRANTS.
DONATIONS TO GEORGIA AND
FLORIDA RAILROADS.
COOsa and ChattOOga-Wes India
Trans1t-PensacOla and Georgia.


office. September 20. 1853, a man of dennlte 10
cation of railroad from Gadsden on the
CooSa river through the Chattooga valley east
of Lookout Mountain TO the Georgia State line:
distance of about 3e16 miles No portion of
the road has been constructed. The laDds
withdrawn have not been restored to market'
as they lie within the li"i its of the wills val
ley (now Alabama and Chattanooga) Rallroad,
the grant for which is not fully adjusted.
OF the Selma, Rome and Dalton Road
formerly the Alabama and Tennessee, 1t is SAID
the road as constructed did not follow the hne
of location beyond Jacksonville neither was it
ever completed to GadSden, the line built rum
ming northeast from Jacksonville TO the
Georgia State line. instead of running from
Jacksonville northwest to Gadsden. leaving
28,4 miles from Jacksonville to Gadsden) of
the located line unconstructed. Only one
hundred miles of the road were constructed
within the period required by law. Had the
road been constructed within the proper
period, it would have been entitled to 552,691
acres, provided there was that quantity OF
vacant lands within the limits of its grant.
On May "a. 1889, and May z 1850, there were
selections of land aggregating 440, ,70016 acres,
approved to the State of Alabama for the
benefit of this road, and portion of the lands
so approved lie opposite the 23.42 miles or un-
The act Of May %, 1872, confirmed to the
State of Alabama for the sole use and beneht
Of the Selma Rome and Dalton Railroad Com
pany, the successors of the Alabama and Ten
nessee Railroad Company, all the lands previ
ously certified to the said State for the benent
of the last named company. Since the passage
of said act but 165'521 acres have been ap-
proved MAY l9, 1879 to the State for the bene-
fit of said road Selma, Rome and Dalton) The
grant has not been adjusted, and the vacant
odd sections, within the limits of the grant are
still withdrawn for the benefit Of the road.
OF railroads in Florida the letter says:
The act of May II, 1856, granted to the State
of Florida. to aid in the construction of certain
railroads in said State, every alternate section
of land designated by odd numbers, for six
sections nn roads.
The provisions in said act for indemnity. for
disposition of the lands by the Legislature Of
said State, for the sale of such lands, and Tor
the reverS1on OF the unSOld lands to the Unlted
States, in the event of failure to comnlete the
roads within ten years, are identical with those
contained In the act of June g. 1856 above
quoted, granting lands to the State Of Ala
bama. The following described railroads are
provided for by the act MAY II, 1856:
ATLANTIC. GULF AND WEST INDIA Transit, FOR
MERLY FLORIDA RAILROAD.
This road was authorized by that portion of
the act which provides for road ''from Anne
liza Island, on the Atlantic, to the waters Of
Tampa Bay. with branch to Cedar Key on
the Gulf of Mexico" The lands falling within
the probable limits of the road (main line and
branch) were withdrawn from sale and loca-
ton, by telegram, on the 18th May, 1856, and
by notice 568. September 9. 1856. On the 22d
September, 1887 map of definite location of
that portion of the road from Fernandina to
Cedar Keys, 155 miles in length, was filed in
Iuls OlllCc. ElSuJy lOuT ulllSS OIL GU6 TOdu SO
located was on the main line, and II miles
Orom Waldo to Cedar Kew was the branch line
complete. The whole of said 155 miles was
completed in $780, emitting the State to say
595, 200 acres for the benefit of the road. Up to
the present time but 290 1873. 28 acres have been
approved to the State under this grant Said
lands were approved prior to January z. 1850
The reservation Of lands on that part of the
main line from Waldo to Tampa Bay. $50 miles
in length, was not respected by this office after
May IT, 1876. entries being permitted of all
LANDS (uoIess otherwise reserved outside and
south of the fifteeE-mile indemnity limits of
the constructed portion of the road. Under
date of December 2, 1875, the President of the
company, Mr.. Yulee, transmitted map show
Ing the proposed route of the main line from
Waldo to Tampa. and asked that the lands
along the said line and within the limits pre-
scribed by the act of May II, 1885, be with
drawn for the benefit Of the road. The map
and accompanying papers submitted to
Secretary Chandler, who declined to receive or
approve the map, and directed by letter of April
II, 1870, that it be returned to Mr. Yuee. Sec
retary Chandler says in said letter that he does
not question the principle established in the
case of Schulenberg VS.. Hartman; that the title
which vested in the State by the grant and
definite location Of the road Hereunder could
not be diveSted by the mere failure to com
plete the road so located within the time fixed
by the act, but that ne finds nothing in that
case to sustain the doctrine that the State re-
talns the right for an indefinite period and long
after the date fixed for the completion of the
road to designate is route and thus give effect
to the grant. He also held that failure to To-
cate the road before the time fixed for the
completion OF the road should be regarded as
evidence of abandonment of the grant
On october %, 1879, the COMPANY through
Its attorney, filed in this ofliee the map reject
ed by Secretary Chandler and asked that it
might, together with new and material evil
dence bearing upon the original location of the
road, which accompanied it (the map). be sub
mitted to the then Secretary of the Interior
(SchurZ) for review.
IN bo oF
dence. and application for review were sub
mltted to the Secretary. The evidence submit
ted showed cencluSivey that a map of definite
location of the road from Waldo to Tampa was
pany December ID, 1860; which map being re-
turned to him January q, 1861. for the pro-
curement OF the Governors certificate was lost
or mlslald; and that the last map presented
was duplicate of the original map Of definite
location,
Secretary Schurz, after due consideration of
the racts presented, held in effect that the re-
turn OF the map as above related was unneces-
sary; that it should have been accepted b7
this office. as it was undoubtedly recognized
by the officers of the company, and by the
state authorities, as the definite location of
the road; and that the map was filed in the
same manner as the surveys of previous por-
tions of the line had been filed in the office of
the Secretary of State of Florida. The Eecra-
tary therefore approved the map and directed
that the necessary withdrawal of lands be
made to protect the rights of the company and
secure the proper adjustment of the grant
upon the line designated. Such with
drawal was ordered by this office
and took effect March 26, 1881. IL
may be proper to state in this connection that
the company have filed a formal waiver of ali
claims to lands within the limits of the road oe,
cupied by bona fide settlers at the Gate of said
withdrawal. Upon the question Of Certifying
lands to the Stale under the grant, the Secre-
tary decided that the lands could be legally Ger
titled, referring to the case of SchuIenberg VS.
Hartman lprAiOhnfnPQ cd
torney General November 90, 1879. case of
Southern Minnesota. Railroa Company. and
October 26, $780, case Of Atlantic and Paciae
Railroad Company. The Governor OF Florida.
under date OF July Is, 1881, cartiies to the com.
pletion of Ass miles OF road from Waldo to
Ocala.