Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1883-10-26
IMPORTANT HOMESTEAD DECISION

WASHINGTON, Special Telegram, Oct. 81
The secretary OF tue interior to-day rendered d
very important decision in the case OF the
Southern Minnesota Railway Extension COM
pany against Augustus Kaufman, on appeal by
the com pany from o decision OF the commission
OF the general land office The case directly
involved the title to the northwest quarter
of Sec. II, township 1O4, range "a,
Worthngton, Mimi, but indirectly involved
the title to million acres or more n that
State and many millions moro elsewhere con-
tanned in various railroad land grants The
commissioner permit ID kaufman to make
homestead entry OF his tract The secretary
reversed the commissioners ruling. Every
Minnesota rsircad and ctor land grant rail
road compaui5s arc intensely ius res ed III the
principles Involved in the secreary's decision
The decision rccites:
The land described is within the teD-1nile or
primary limit # the grant OF July i, 1866 IA
Stat 81, making a,!i:oual grant VI lanus to
the sand State to AID in the construction OF rail-
| roads therein. IL" grant was accepted by the
Effective. May -. 1864, j. 4. HoYey made
homestead entry - IS Of The tract in question.
which renaiped III act ar'iI May 2T> 1877, when
it cancnei. KAUFMAN settled upon Tie land
in Ocio!!el, lS67 ana since Thea has lived upon
and eli tvaicd the salDo. HIS improvements
iLereoll are Waited at 47UU. IL June. 1872, he
ar:rd to en,sr l.e land as homestead and paid
d for fees aud COMMISSIONS. Ile local officers
informed him that the, w"u.d SEN. i"'n receipt
Inveys entry was c.Gc-loii- some
months after paylag sucil f"e: not receiving the
receipt, ne wrote y"or '.ilce, aN in reply was
informed tina" Inc ianu had been awarded TO the
said compaly. On March t. 1916, the tract was
certified lie at.;e OF MlAnesota for the
benefit of lne rail- Dad above nu1llr.!. You hold
| loa1 the cert:;tl"n VAS erronHous, because
Iiuveys entry executed th land froiN he operation
ct the grant, ana that s.nt: the fnl must be con-
veyeL by ,'al.n+, it is s under .r c>llrol Of the
la'.d lsp,utmcn' and rat that E;'a:!''r be al
i lowed 10 make cu!npl>a. 1.uei u',lne> cad proof
i The ilu> p"'-s-rtS !,5r ~, cote Ira on
TWO iNInETiAT !GJ!.oIA'No.
Firs.-N.,s r~r'lt ,lrcc>>t4:F loi IT,, purpose of
grant ;n the act ri c-rca,io1, pass 70 tue State
; 10Y the u" o; Iii" sad co":,'t'sy?
SecoE;,-l~ ia3'sS l.;,vs, ',sou awarded to the
ad e-:o.nrl e, the STATE IL a16. should
Office When the tac's Us, ,e.i by lie record,
! proceed 70 al')ttser ,ecut.cn and els
| ru,!tt''r Of the !nu:
The argnust u rlo grant hef,re cited IS that OF
present gan: 'lAat !llerr BE-. al! l. Hereby
:rant5>t to i:H State Mln"so;;.." i no &rn-ral
! the United Aa;fs shA'' pas ~ pAt'H1. probably
HE most mn lvi cxretI that rue is that Of
, congressman "7'"t IN p;cs"n-i n VIII
cox jackson n; Pct. $40 tho
! cour: says: We ,AnH il UNNECESSARY 70
! 60 into detailed examination of vArlpus ;cts
! OF congress, for III: Iurpos- OF .Aowia. wnat we
o,slle- to u, t!ua in r-I47, to tie plu.,c lands.
hat. with the eScc.'iou Of 3 few cases, nothing
bat paten. passes a. L pertec and co'!>unma;o
! l'lo. ono CtaSS CASES 10 DC t%th.DItC Is
where act Of congress grants land.
as is sometimes done in the words OF
the present grant. Wien the language
title passes by the az and at'.1Ies the giant.
aud such title become, cnmI!e ard lelI-cl ;'ueu
prec;>iou and identify al- glTa': 10 t.. trii uar
tract n7 selection or location o. tn TAM. 4 Il ouCh
the grant is present o., it UI!,,ou eu.y com
petent for Congress- to Al liza :atlon u,tu the
tit;e, and direct 1t what lime IL vil. manner
it 80, I'D vest Ii hevoE,'S necessary, therefore,
: EXAMINE the Gc;a 1,l1tl to he grant ia
: question:, for lie purpose of a-:rrt4nin.
whether there are any prov sio1s restraining
tie operation Of t}- words Of r. sea; grant
Sec. Of the UT # III 4, sos, Lr.>.Ita TIT
tie aads hereby grat',cd s'.l TO tt.spo>,i Of ~
i'll the ,nain4t fop"irG, :.:.e,y: Ni,~n he gov
ernor Z" tne said Stat" st; ,fv IL tie Secretary
OF the 'n:"'lct q nr} s~:>';' o. n CONSECUTIVE
s'oa suhs,.tl:'iu mi We k,l.nnke p,a az
! fir,-c'ass rai.rnah ,hll. III. SECRETARY
CT the interior shall 's~ue to TIE S.at aterrs tor
! sections designated hy odd numbers, uated
l!n twenty lli e. ti:e rosi conl "lcc and
living cctcrnin"nS 20 the said com oI-ti section Of
ten mixes, anal rot sNc','!lng 100 SECTIONS Ter the
| benefit ol the RAJ having romriett!.
The TN CONSECUTIVE MILES.
! As aforesaid. When ii" g"ver1lnrnt OF the said
State shall cer,,y th:t other ,-cio7 Of Inc tea
/ consecutive mics si:all have been completed
aforesaid. Then 'he secretary OF the ,fecor shall
Issue patents i, he sal'i State in ak" 1uan!Ier for
a IKE number: ard when certificates OF the
Dt,lon OF addltl"nai sections OF ten consecutive
nile OF tie 3;9,. sad road are t from
, additional sections OF lands shall ba patented as
aforesaid, untii the said ro,> .oI1letnt, when
the whole Of the lands hereby -ran'e'l sialt be
patented to the S'ar- f'r the ASS aforesaid and
! roun other; provided that if sal vo.,,s are not
con,pted wiluin ter years from Tie a'.1 . a.ce of
:his grant tho said lands Lv-vl; "~a,l.cI aud not
| patented shalt revert to tie ,UA''ed States"
/ as expressing the opinion that the
! tile wou d nor in any instance pa: by congress
"lona gram IL 7,Iesersi' although the act might
.'ro7'de for the issuing q patents. Such pruv1s-
| ION. which would have tho effect to place III the
1ands of the grantee evidence by patel Of tile,
! would not necessarily be inconSstet With il,a in-
"lton Of congress to pass rhe by the &C. itself
! On the 9Th day of july SOC congress passed a
'urther Act tcl"tiuS t. lands grated to the
! az Stat 80. Sec, !; II that &c; provides
" hat all lands Heretofore GRANTEE o,lo Territory
and State of Minnesota t" I'D in tie rrac'cn
Of raiiroa Is Shall he certified ls srjH Safe ty
The secretary u the interior, fr m TN 10 time,
! whenever auy Of the sa'a road snail De definitely
l located, and :na BE- d.snosed Of by inc said
act granting tie lnodifp,l by tie pr.y;-ions
Of the act Sec. 5pro"''es 'r,:at so :,u:h of
any act as conflicts With he provisions Of Il g act
is hereby repeac J." This at contain. 10 p-ovis-
ions relating TO the issuing patents for tla
granted lands. hut provides that IN, sec-eia7y .:
interior shall certify to tie ate tie lands granted
The former act con'aius no provis rrs for crlyiuc
| the lands to the State Wien il is rem +'nbered
Il
the interior " the grantee has long been recognized
as mole OF conveyance, and tia; such certificates
have been regarded anu treated s3tfi IN; con-
veyance and transfer of title, IA fact Which was
we'll known to congress) it can hardly be coul,tad
that 1t vas the lrtenton Of that bod, to substitute
mat 'nooe OF tIanstrr IN place On conveyance by
! patent as provided IN the act Of Jul, T.
| CERTIFYING AND PATENyISC.
The secretary then dwells at Considerable
length upon the difference between certifying
and patenting, and continues:
The act Of Aug. 3, 1884 90 Stat BAG, Sec
| 2,449. r S. provided THAT in all cases where
lands have been. or shall hereafter be, granted BY
any Ia" or congress to any OF the States or
Territories. aud where the said law does not convey
| the fee simple title of such lands which have been.
or may hereafter be, certified by the commissioner
office. either as originals copies Of the originals
or records. shall be regarded as conveying he fee
s,mp'e OF an the lands embraced in such lists
act OF congress and intended to be gran, Ell thereby
| ,ucn was the general law applica bic to grants to
ntates OF the character Of grants under consdera-
| don' when July Is. 1865, congress amended the
act relating to ands granted the State OF Mime
| sofa IN the manner before stated leaving out
ond Tue amendment the, provision for PATENTS
| ana proVio1ng for only certifying the lands When
we apply to such amendment. as We must, The GEN
era law existing at tine time applicable thereto We
una 'ns suSn general law and the amendment
| ~ complete harmony, and taken to-
gether they make the title CONFLICTS By
! the mode of certifying the lands
T9on Inc second proposition presented by this case
ueem u only necessary 10 say that it having been
iooe aao ana ad 1 by the department
70 the State by virtue of the grant, aud it having
Deen 30 certified, the department cannoc now pro-
Geo 70 make another adjudication and disposition
pass by the act .of ceriiecation Il is
aot claimed that there was auy mistake or
tsana IN certifying the said land to the state
eslon and ruling then prevailing in your Office and
| .als department. Cases so adjudcated canno. be
leo2 s and another disposition be made of the
v a at subsequent time. The lands hav-