Omaha daily bee., 1883-06-20
L4ND GRANT TH.KKDIslL.

IolloWeu Dy tne apOlOglSts Tor taA Slllfk-
ing land grant robbers. Mr.. Poppleton's
cautious defense of Judge Dundy and
the United States courts in their peculiar
decisions on the land grant cases has
made bold the small o~rganists of the con
federated ~monopolies to a brazen defiance
that would have done credit to Bill
Tweed himself. Mr.. Poppleton simply
sought to show that Judge Dundy's tax
injunction was issued in conformity with
decisions of the supreme court and the
general attorney Of the Union Pacific was
at great pains to show that the Platt case
was not a put up job and the final decis-
ion was reached after a full and fair pre-
sentiment of all the facts. To he sure,
Mr.. Poppleton's effort in this direction
was not very successful since he was
forced to admit that Platt acted upon his
personal advice ''as IA friend Of the road
in squatting on the Union Pacific lands.
But now comes the Lincoln journal
and asserts that it makes no difference
whether Plat was a bona fide settler or
not or whether he was acting a part as an
agent of the Union Pacific road and max
ing use of the machinery of Judge Dun
dy's court to secure decisions that would
deprive settlers of millions of acres of
public lands that were legally subject to
~preemption.
Now we apprehend that it makes some
difference whether a case is presented by
honest litigants fighting for what they
believe to be their rights, or whether by
collision between the contestants u one
sided presentment is skillfullygotton up to
conceal the real facts to befog the courts
and make use of them to defeat Justice.
This was what was done in the Plat
case, which wasmade the basis for the rule
that a mortgage given by the land grant
roads debarred the government from
from taking possession OF the
unsold lands and disposing of then
for homestead entry. Although this i'm
porant case, involving III empire in pub
lie lands, was brought before the suprem,
court by collusive action, three out o
eight of the supreme judges refused t.
concur in the decision of the majority
Had the case peer presented in all it
phases a majority of the court would
doubtless have sustained Secretar,
Schurz, as Mr.. Poppleton admits that h
did himself before the case was brought
What was the plain intent of con
gress in making this royal Ian
. grant2 First and foremost to al
in the construction of a Paciti
railroad; and second to people, the o II
$ try through which the railroad passe
e with a thrifty agricultural population
g Before the Pacific roads were built tn
t public lands were on sale for $l.25 a
d acre. When the alternate sections wer
s donated to the railroads, the remaindt
was raised to 81. 30. The grantor yer
naturally expected that the railroad
would make energetic efforts to dispose
their lands to settlers in order to bull
70 up n local traffic and thus insu,
10 eventually the repaymentof the vast sun
advanced by the government to build Il
road. In order to clinch the compact b
tween the railroad and the government
and mainly to prevent speculation tn
" would withhold the lands from actu
settlers, Congress expressly reserved
:. the government the right to take contr
" of the lands not sold or disposed of wit
}" in three years after the railroad W
&c completed, and made them su
=, ject to presumption and HON
- stead entry. The proceeds
~ such sales were to go to the railroad
which shows that aid given. for buildil
the road was ensured beyond f~orfeitur
Up to 1876 all the land grant roads he
nj that this part of the charter would
Us strictly enforced by the government al
ee sustained by the courts. The Burlingt
at & Missouri disposed of their lands by 81
nc to an inside ring to avoid reversion. III
er compelled them to take out their patel
ne and theirlands have been paying taxes ey
81 since. The Union and Central Paci
OF roads devised a scheme to dispose of tn
unsold land grants back to the Cover
lr' ment, and bills we're introduced in &C
gress to consummate this villainous d
,.t posal of ''mortgaged property" first
g 81 and later at 81. 80 an acre. Congre
however, refused to pass such a bill, a
thus virtually declared in favor of @
~. forcing the original clause of the Paci
railroad charter, that subjected tn,
lands to homestead entry. Throu
-. Judge Dundy's court the a
u. of congress have been nullifed and
for vast domain that would to-day have be
peopled by Industrious tax paying far
ers still remains a wilderness. And VIII
wi the same court is asked to step in a
ad, assist the land grant robbers in evadi
he their taxes the plea is brought forwf
I've that it is only carrying III well est;
wi lished principles. The Lincoln JOurn
lis as an apologist for the court and
mouthDiece for the road asks wbnt 4