Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1883-07-20
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EDITOR STANDARD:
In your last Issue conmuuica-
ton appeared under the above title
which, Oh accOuh. OF varlou, lNpo-
graphical etrOls. failed to PROPERTY
represent the Case Iuttndcd by The
wrl'er. Cleared of useless Vel b.a.e.
the following are uri. Ay the facts:
On July I'd, 1883, the attorney in
question WAS CONSULTED concern,nr
the rights Of q person who had ~
sided upon, cultivated and improved
tract # land toI moie than five
.enrs. but who had not fed upon
The same Us = homestead, but then
desired 10 perfect title thereto. Tue
writer gave the advice which he con-
ceived proper. The parties (uot the
written then went to the Land Office,
and, ~ they informed the writer, ex.
am,ned the plat and the record in
the Office and after examining the
same the Register closed the books
and informed them that the land was
railroad land. Tue claimant then
wrote to the railroad companys
Office at Portland, with q view of
purchasing the land of said company,
and on the Sd of July informed the
writer the lawyer msntioned) of
what had transplred. From the
facts stated by the claimant the law
yer could not understand how the
land IN question could be railroad
land and with view of satisfying
himself proceeded to the Land office,
on Sd July, 1888, Called tor The plat
and record, AMI found ihereirom
that foruer homestead c,aman ut
had made entry OF tue land, Sept.
LIST, 1868, and the entry Was can
ctLed on the records Of the Land
office December rs, 1871. The luud
WAS an odd section. The following
are the facts upon which the sht Of
the railroad company to the lands
rests:
l, Act granting lands in aid of the
construction of the Northern Pacific
Railroad Company. approved July
2, 1864.
2, Act extending branch line from
Portland to Puget Sound. approved
April 10, 1869.
3, Act changing main line from
Cascade line to line via Columbia
river and Portland to Puget Sound
approved May 81, 1870.
4, Tue first map Of general route
of the N. p. r. r., through Minne-
sofa and o portion Vt Washington
Territory (trow kalama north to
Tenino) Was accepted by tho Srcre-
tary OF the Interior, August l3.n,
1870, from which time the grant
took effect and settlement was ex-
Guided from the granted { odd) sec
tious. Vide. Decision OF the Secre-
tary, March %, 1878; decision of the
Supreme Court of the United States
in Van Wyck vs. Knevals, within the
last year, zee Brainards Legal Piece-
dents, p. 20.
s, A homestead entry made prior
to. and existing at the date Of an act
Of Congress, making q grant in pre-
senti, for q railroad. excerpts the
tract covered thereby from the grant,
and this Notwithstanding the entry
WAS cancelled at the time the gra ut
became effective. Vide, decision Of
Secretary Carl Schurz, case of White
vs.. Hastings and Dakota Railroad
Company, May 26, 1879; Decision
of the Supreme Court If the United
States in Leavenworth, Lawrence
and Galveston Railroad Company vs..
United States, Otis Rep. p. 1888.
The land granted must be public
land, Id.
The writer assumes that these
facts are we'll known to the land
officers and to land Office attorneys
generally and hence was unable to
understand the action of the Register
o! the Land Office in refusing to
allow entry Of the tract in question.
The writer has no grievance to air.
and if he had would no seek the
column. of a newspaper for that
purpose. He conceived, however,
that this was q matter in which the
dear public" were interested and
hence 80 rushed into print"
VERITAs.
July Is, 1883.
"Veritas" has only his bliud
copy" to blame, if his foruer com.