Omaha daily bee., 1884-03-10
AN IN N
The u. & NJ. Land Grant overdrawn-
The Rights of Settlers.


A few days ago dispatches from Wash.
ington announced that the general land
Office had notified the b. & M. railway
company to show cause why the lands
patented to it in excess of its grant should
not revert to the government. The com
pany, having disposed of all its lands,
promptly denied the allegation and
claimed it received only what it was
legally entitled to. Considerable interest
was felt about the location Of alleged ex-
cess and the probable effect of the gov
ernment's claim upon the purchasers and
present owners. In this connection the
following letter and comment from The
Lincoln Democrat will be of interest:
l have noticed lately in several papers,
articles in regard to lands granted to Bur
lington & Missouri River r. r. Co. by
the act of congress of date July I'd, 1864,
| wherein it in claimed that the railroad
company have received a large amount of
land in excess of the actual mount due
to them under said act.
In 1880 l brought several actions for
parties in the north part of this county
for lands in odd numbered sections, and
l have just received a favorable decision
of the commissioner OF she general land
office a. Washington, ID. c., and as this
opinion has been the subject of consider
able comment, and is full of facts and
figures, showing the length of the rail
road, the number of acres of land due
the company, both on the north and
south side Of the line of the railroad, az
we'll as the number of acres of land
claimed to have been received in excess
of their grant, l herewith hand you q
certified copy of said opinion for publica
ton if you think it of sufficient interes'
to do so.
You will see that in the action of tn,
B. & NJ. railroad company VS. The United
States, reported in the 9Th of Otto, pag,
page 1884, that the government having
issued to the railroad company it's paten
and the company having sold the land t.
a purchaser, that in such case, the ''gov
ernment is without a remedy" and in
timating very strongly that these pur
chasers will hold the land without an,
trouble to them. Yours truly,
l.. G. BURR.
BY the certified copy referred to in MI
L. G. Burr's letter, it is shown that tn
supreme court has decided that the CON
pany is entitled to 1920, 300 acres o
each side of their line, or 2 AL 600 acres
and the commissioner of public lands 9
Washington has discovered and decide
, that the company has received 212, 5s
70-10O acres more land than it is legal
entitled to on the north side of the
line of road, and sixty days have bee
allowed the company to appeal from tn
decision. We referred to this matter 9
length some time time ago. The b.
NJ. ia entitled twenty sections per mil
for 1870 54-100 miles, or 2,310, 400 acre
all told, to be equally divided on eac
side of the track. The letter and spiri
of the law give no recourse to the CON
pany for selecting lands on II side c
tho road to make up the deficiency o
the other side.
All this will make serious complies
tions and give rise to much litigation
The trouble arises out of the greed {
tho company, as well as from the neglect
if not ~criminality of the land departmer
at Washington.