The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1883-04-06
NORTHERN PACIFIC RAILROAD
LAND.


the Northern Pacific Railroad Company un-
der the act Of Congress, approved July 2,
1864, will show what lands were granted to
this great corporation
SECTION 8. And be 70 further enacted,
That there be, and hereby 10, granted 10 the
"Northern Pacific Railroad Company" Its
successors and assigns, for the purpose Of
aiding In the construction Of said railroad
and telegraph line TO the Pacific Coast, and
TO secure the safe aud speedy transportation
Of the mails, troops, munitions OF war and
public stores, over the route Of said line Of
railway, every alternate section Of public
land, not mineral, designated by odd num-
bers, 10 the amount Of twenty alternate sec
tions per mile, on each side of said railroad
line, as said company may adopt, through
the Territories of the United States, and ten
/ alternate sections per mile on each side Of
| said railroad, whenever 1t passes through any
| State, and whenever, on the liue thereof, the
United States have full title, not reserved,
| sold, granted, or otherwise appropriated, and
free from Pre- emption or other claims, or
| rights, at the time the line Of said road Is
| definitely fixed, aud a plat thereof filed in the
Office Of the Commissioner of the General
Land OfRce: and whenever, prior TO said
| time, any of said sections or parts Of sec.
| tions, shall have been granted, sold, reserved,
occupied by homestead settlers, or pre-
| empted or Otherwise disposed Of, other lands
| shall be selected by said company in lieu
| thereof, under the direction oftIe Secretary
Of the Interior In alternate sections and des-
ignated by odd numbers, not more than ten
| miles beyond the limits of said alternate
sections, etc. THE remainder Of said sec.
ton consists of provisos not ~ all material
10 the point Of which We propose 10 speak. j
We believe, after sumo diversity Of rulings
al the General Land Office, IL was finally and
definitely settled that this graz, took effect
in this Territory Oh the 9th Of May, 1872,
being the day upon which the Company
filed map of the line Of their road at the
Land Office in Helena.
During the flush and hopeful times OF
1870 and 1871, when everything seemed to
point ~ the early completion of the road and
the rapid development Of the Territory, q
large amount of lands were filed upon under
the homestead and presumption laws, and
otherwise appropriated, which were aban'
doned subsequent to May 0, 1882.
1t has always been contended in the in.
terests of the settlers that these lands SO
claimed and abandoned did not belong TO the
Railroad Company, but were subject 10 entry
the same as other government lands. But
the company claimed them as part of theiI
grant; and, until very recently, this claim
was allowed by the authorities al Washing.
ton and settlers were debsrred from any
thing bit a mere possessory right, subject &c
the claims Of the Company.
| On the 18Th Of last December, however
the associated press dispatches contained I
synopsis Of a ruling Of Secretary Teller In
regard TO lands of this character in which bt
held, substantially, thai The land grant rail
road companies had no right to these lands
but that they were open for settlement az
entry by citizens of The United States j"s
the same as other government land. This
ruling Of the Secretary did not at the Tim,
appear TO attract much attention. or eEcit'
much comment In this Territory, aud Il ost
who did notice il, waited patiently and aux
iously for further particulars In regard I" Il
expecting that full publicity, as is right AIT
customary la such cases, would soon u,
given through the land department.
On Friday morning last, desiring speciii'
information for an important case in hatnI,
Mr.. O'Bannon, our local land attorney. tele
graphed at some length 10 the Register ant
Receiver at Helena asking whether or IL"
under recent rulings, they would admit I'll
ings and entries Oh lands on odd-numberet
sections within the limits OF The railroad
grant, which were covered by bona i'd
homestead or presumption claims at the time
such grant took effect and were afterwards
abandoned. On the afternoon Of the SAINT
day be received the following reply:
! HELENA. N. T., March 80, 1883.
o. B. O'Bannon, Deer Lodge:
Where the laud was occupied ut time o.
withdrawal, and since abandoned, we take
filings. (Signed)
L. BAILoU, Receiver.
Since the receipt Of this there las beer
quite local excitement among our agricul
turalists. Mr.. O'Bannon, though besieget
night aud day, had. up TO yesterday, onl,
forwarded few claims, as test cases, which
as be was informed by telegram from thu
Register, had been duly received and place,
on file.
The Anaconda Mining Company, of Butte
on being advised of this new departure II
land matters, Immediately sent J. II. Har
per, Esq, ria Deer Lodge, to Helena to maxi
some entries. Mr.. Harper was here yester
day on his way home. Without any troubl,
whatever he had perfected additional home
stead scrip entries of 120 acres Of land in al
odd numbered section in Warm Spring
csfion. He says that little seemed to b
known or thought about the new ruling q
Helena, but that gentlemen Of tie NortheTl
Pacific Land Department were threatening
TO give all the settlers lively time in tn
way Of appeals and lawsuits, who should at
tempt TO encroach on odd.uumbered sectious
We know not how 1t will be in other part
Of the Territory, but this development is
very important one to this community. MIR
O'Banpon informs US there are, in Dee
OF lands Of this character, Of present casl
value Of 81 least thirty thousand dollars, ans
nearly all Of this land, now that the lant
officers have announced that they will re
ceive filings, will DO claimed, occupied, an'
filed upon within the next few days, As als'
large amount in He'll Gate, Flint Creek
and Nevada Creek valleys aud other sur
veyed portions Of the county.
|
How Il ended: The scouting party sen
out from Fort Assinaboine after the Maria