Arkansas weekly mansion., 1883-10-27
ARKANSAS STATE NEWS.
The swamp Land Act-Claim ContesfanS
the Validity of Titles.

The swamp Land Act-C1afm ContestanS
the Validity of Titles.
LITTLE ROCK, Oct. Is.
The land troubles at Texarkana are ex-
citing considerable attention, infsmuch as
it is said that Col. j. N. Smithee has hand
in the matter, and that United States Sen
ator Garland has been retained as counsel
by the claimants. Much of the land was
sold to its present occupants by the Iron
Mountain Railroad Company, and the
company will doubtless protect the people.
Several of our ablest lawyers say there is
no merit in the claim, that 1t never became
swamp land, selected as such, and there is
no record of it swamp land in the de-
partment. Smithee makes the following
statement of the case: -----s-
"Jos F. and John C. Kirby were the suo-
cessors of parties who squattcd on the land
1850 The original settlers opened for cuti-
walton five or ten acres of land and thereby
land; in other words. they obtained prefer
ence right to purchase the same whcneverthe
lands came into market. This was before any
railroad was ever thought of. The Messrs.
Kirby purchased the claim of the original set
tier and entered upon and took possession or
the lard prior to the location of the line OF the
Cairo * Fulton Railroad. When that company
concluded to construct It's line thr9ush @ this
elhGnef'y, elaim 70 the the M land was % set up under
the railroad grant Of February; 1913.
A
sued, and the latter were finally elected by
force and the company took possession. hirby
the United States for this district, but as he
claimed as a prc-emptor under the pre-eInp.
heen selected and reported as swamp land un-
der the grant of Septembar 26, 1850, and he
failed to set up his ciam dir in n
favor of Thomas Allen, the then head Of the
ward I, as the Representative of the Kirby, filed
a contest in the Interior Department at WASH
ington, in which proposed to show that @ the the
longed to the State, etc, but that department.
refused to entertain the complaint, because
the lands had already been patented to the
railroad company under the grant of 1853 and
l was told must go to the courts There Tor
not permit the Land Commissioner to sell un-
approved or unconfirmcd swamp land. In
Thereupon M the Mcssrs Kirby proceeded to
make their proof, and while the State authorI-
ties hesitated for IL long time. at last the Com.
missioner becoming thoroughly convinced
that the lands belonged to the State under the
grant of 1850. and by the advice of the Attor-
ney-Gcncral, gave a patent to the kirbys
The questions involved are by no means
intricate. Really there are only two.
The state holds that it was present grant
in plain words, that the title to every tract of
swamp and overiowed lands in the State;
the hands of the grant of September IS 1880
VS.. Mitchell. Twenty fourth Arkansas in that
case the opinion was delivered by Albert Pike,
bench 1t being determined that our State
Supreme Court was correct in this case as to
the character of the grant. the only remaining
question was the land swamp and OVerfOwed.
within the meaning of the act at the date or
the grant. The evidence that il was is over
whclmingly in the affirmative, and that too by
uuimpcachabie citizens who knew the land in
$3.50. | regard the states deed to this land,
with the evidence which is ready to support it,
good title as there is in the State. Ine
land comprises 241 acres and takes in nearly
the whole town of Texarkana. on the Ar
kansas side. The people there who have
bought from the railroad company are
unnecessarily alarmed. The railroad corl-
,,nv will be compelled to refund tho
money paid it if the Kirby title is sustained,
and as to improvements made by the Occu-
last Legislature, they can lose little or moth
ing The MeSSrS. Kirby, who are anxious for
the development of the town, no matter now
the contest may result, stand ready to give
any assurance that good conscience and equity
may s,Iggcst that the property of no one will
he rudcly taken possession OF, as some 1ntl-
mate or their rights in the least impaired
Suits of cjcctment against the present occu-
pants will at once be commenced. Hon. y.
II. Garland, cX-AttOrney-Gcncral Henderson,
McssrS Burton & Fricdcl, of TcXarklna. and
Henry Moore Esq. of Louisville. VIII repre-
sent the McSsrS. Kirby in this contest
This contest in reality involves the title to
over a quarter of million acres of land that
has been patented to the railroad companies
swamp grant, and Col. Smithce tells us that
Acknowledgement Moore will soon commence
suit in behalf of the State to recover these
lands and have the States title perfected. In
this suit he will be assisted by Senator Garland
and Judge Henderson.