Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1884-02-15
AcCRETI0Ns.
A Ruling Regarding the Ownership o
made Land Along tho NJ M'ssOuri.
o. a.. II


Sioux City Journal.
Several Sioux City people have taken
claims on the "made lands" about
Walkers island, some five miles south.
west Of the city. Others are inquiring
about claims there, aud generally there
Is disputing Of boundaries aud dis
cussion about surveyed lines. The sltua-
ion ia o somewhat complicated one.
Walkers island was originally pnrt of
Dakota, aud was surveyed as such, and
the lands taken bv settlers. Then the
Missouri cut through u neck OF land
making Walkers island. The old river
ned, b. tween the island aud what was
the Nebraska shore. flied up with sand
from the subsequent overtlows, and much
Df 1t ia now valuable for the willows aud
Young cottonwood timber which hus
grown where steamboats, used to run.
Most of the old river channel is now oc
.upied by lakes winch overflow luto the
Missouri in time Of high water. Some
zine utter Walkers island was formed
congress legislated it, originally u part
II Dakota, iuto Nebraska. Between the
time of the cutoff aud this legislation
lhe Walkers island folks constituted nu
independent government. What was
the old river bed between the island aud
the Nebraska shore has been surveyed,
he Dakota survey being extended to
what had been the middle Of tue maiu
onannel of the river. and the Nebraskn
survey extended from its nid.chanuel
iue. 1t follows, naturally.
that in this wilderness OF lakes,
willow thickets aud conflicting
surveys. there is much confusion Us To
he ownership Of laud. Capt r R,n,nger.
vLo b IS n sawmiil aud wood camp near
Tue head Of the island. wrote the com
missioner OF the general land oth 20 his
views on the disputed boundaries: This
the commissioners answer:
Department Of the interior. Ltnd de-
purtment, Washington, d @. William
4euinger, Esq, Jackson. county, Neb.
Dear Sir; Yours OF 10Th ult. adressed to
he honorable secretary of the interior,
las be n referred to this Office for action
.ud reply.
In relation to the matter therein stated
You are informed that where lands il
formed bv accretion. either by the
washing up of the soil OF bv the recess
ion Of the waters, and adjnius land
owned by private parties, it becomes
Ia part Of same and the
owners of said adjoining lanis
are entitled to exercise any aud all acts
# ownership over the same that they
may deem proper. Where accretions
"rm upon or adjoin any portion of the
,ublic domain they become part OF il
III like manner and title rests in tue gov.
| urnment. Islands aud aIl accre,lou
hereto formed in the channels of all de
:lared navigable aud meandered streams
If new formations therein (that are 10,
private property are part of the
public domain and are not to be tres
passed upon. ..-..
You are also informed that any partie.
claiming the right to cut aud remove any
timber from any accretlon lands that ar,
!. part of the public domain. or from an,
homestead or pre-. emptlon entry othe
han fol the actual improvement OF the
-ame or for other domestic use, ar.
guilty of trespass and liable to punish
nent. Therefore. the cuttiug aud re-
moving Of timber from such lauds or en-
aries for the purpose Of speculation Of
private gain is prohibited aud will u,
be permitted until such time as fiua
proof is made. and tinal papers ISSUED
thereon. Very Respectfully,
| N. Q. MCFARLAND, Commissioner.
just what Commissioner Mcfarland
means by "adjoiDs" is not clear. 1t j
contended by some that the original gov
erDment lines that bounded the origiua
tract should be extended to make tn
boundaries of the "made" land. Otber
are just as confident that the boundar,
should be line drawn from the old COZ
uer Of the tract on the river to th
nearest point Oh the present bank o
the river, or IN this case to th,
middle of the main channel. Then ther
is the mix made by the series OF lakt
and their outlets where the old chanu.
Of the river used to bs. Plainly some
body owns the land. much of 1t nov
grown valuable. but jnst who the owner
are does not yet appear. Probably i
will be found necessary to have the tan
gle OF questions settled in court befor,
an uncontested title is acquired by tn,
claimants. Just how much of this mad
Iand there is about Walkers leland
difficult to answer, but from the be in
e,mation to be had it i. rerkoned tha
there is not less than 5000 acres, proba
bly, much more. Some of it is low sand
har and of no value. Much Of it is GOV
cred with red or diamond willow. tim
Der valuable for fence posts, and tract
Of this timber are held at twenty dollar