Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1884-04-11
KANSAS LAND GIANTS
ran Text or Hon. John A Anderson's nm
Relating to Lands Granted Railroads In
Kansak

Relating to Lands Granted Railroads In
KahsaG
WAsHfSeroS, d. c., March Si.-The fol-
lowing is the full text Of Hon. john A. An
derson's bill to adjust the land grants to
railroads within the State Of Kansas 1t
was unanimously adopted by the House
Public Lands Committee OH March %, and
Mr.. Anderson directed to report 1t back to
the House for favorable action:
A bill TO provide for the adjustment of land
grants made by Congress TO aid in the con-
struction of railroads within the State Of
KansAsi
:, BE 1t ENACTED BY the seiiste ana House of
Representatives OF the United States of
America in Congress assembled:
SEC l. That the Secretary OF the Interior
| oe and Is hereby authorized aud directed TO
immediately forward. to the Attorney-G eneral
I of the United States with certified copies of
! all maps of definite location and maps OF gen.
erai reutes, and maps gt the constructed lines
SION, formerly the Leavenworth, Pawnee
weston Railroad; the LeavenwOrth, Lawrence
q Galveston Railroad and branch; the Atchi
son, Topeka Santa Re Railroad and branch:
the Missouri, Kansas x Texas, formerly the
Union Pacific, Southern Branch, Rall.
| road. and the st. Joseph q Denver City
Railroad, within The State OF Kansas; also
certifed copies of all lists Of lands. within
BOTH the sruhted and Indemnity limits Of the
1
| roads and branches, which have been eertined
| by him for the benefit of said roads respect
lively; also certified statement showing the
number OF acres contained in the odd mum:
sered or granted sections within the limits Of
| the grant TO or for the benefit of each of said
Seen bE sscn =, a aad s
struction of other railroads within said State;
also certified statement showing the mum.
Der OF heres In the odd numbered sections,
within the limits of each of said grant or
! grants. embraced within the Indian and m i'll
! tary reservations at the date OF said grants
respectively: also certified statement show
| ing the am0ufit OF public lands wit hin the linn
! Its OF each of said grants which had been sold,
reserved, or otherwise disposed or by the
United States or to which homestead, pre-
4 eInptton. or timber culture claim had attached
/ at the date OF said grants respectively; also, q
certified statement showing the amount of
/ public land within the .iiuiiIs of said grants,
] sold, reserved or Otherwise dispnsed of by the
Inited states, or to which a homestead, pre-
1 emption or timber claim attached, betwee6
| the date of grant and date of definite location
| OF said roads respectively; also, q certified
statement OF all contested homCSteads, pre-
| emption and timber culture claims within
! both tho ten and twenty mile limits Of the
grants respectively. which have been awarded
| 20 said railroad companies; also, certified
copies OF ali official reports, records. letters OF
! acceptance of said grants, and other papers
! which tend to show the true status of each OF
said grants and the action or the department
| relative thereto.
! SEC. =. That the Acknowledgement of the
/ United states be, and is hereby authorized
and directed, Immediately upon the receipt of
| the lists, maps, copies of the records and so
forth, above specified, to commence and
! prosecute, or cause TO be Commenced and
! prosecuted, to final decision, In the propsr
! Circuit Court of the United States and ap
| peal to the Supreme Court as may be neccs-
sary, A suit or suits for the determination and
| adjudication of the respective rights of the
said railroad companies and the United States,
arising from or growing out of the acts-of on
gress granting lanis to aid in the construction
| of the railroads herein mentioned; and said
suit or suits shall he in the nature of SUITE
| In equity TO set aside any title derived or
claimed under any act of Congress or by vir-
tue of any list of lands within the limits of
said grants respectively, which have been
certified to the state of Kansas or to either of
| said railroad companies under said grants or
which may bc claimed by said companies and
| also to set aside any title derived or claimed
under each and every list of indemnity bonds
certified under said grants in excess of the
amount of lands to which said companies
were entitled, and To decree such lists or title
null and void. And the said Circuit and Su.
premc Courts shall give such suit suits
| precedence.
SEC. !. That if it shall appear, upon the ex.
animation CT such SUIT or suits that lands
! have been certified by the Secretary of the
Interior for the benefit of either all of said
| railroad companies in excess of tho amount
! to which sail conn any or companies were
lawfully entitled, all such Ian Is shal revert
! 10 the United States. And. sai I suit or suits
the court shall determine " he her the lands
! tn which the said companies ~, pcctjVely were
! entitled, should lie Iakeu FROM the public
Il
| from the lands &C. t;Ecl for their benent by
the Secretary of the Interior in the order Of
| their certihcation, and if the Jucgmcpt shall
| Dc that the latter course is proper then as to
| all sucS excess the lists of the same, certified
| as aforesaid. shall he delivered and held To be
null and void, and the Secretary shall make
| and cancel the same, commencing with The
| list last certified and continuing on such list
| AMI lists next in their order until the entire
amount of lands so wrOngfully certified shall
| have been revoked and canCeicd.
SEC. 4. In case any of the lands in excess Of
| the amount TO which either of said companies
was entitled, which have been certified or pat
/ entCd to it. have been sold by the company
| prior to March -, 1854. the party or person
shall have the right to the lands so purchased
| upon max ny proof of the fact of such pur.
/ cha-e. aud making payment of the unpaid
! purchas'' money. if any. TO the United States,
/ either at the proper land Office. if there he
| ono. or AT the Department of the Interior at
Washington. within one year from the pas.
| sage OF the act: and patents shall be issued to
! the party entitled thereto. And the Attorney.
General shall cause suit or suits to be brought
| against such company as shall have disposed
| of any such excess lands. for the amount the
said company shall have received for the
! same. Provided. that a mortgage of any OF
! these excess lands shall not be regarded as q
! sale.
SEC. s. If in any way, suit brought under
the provisions of this act, il shall appear that
| lands have been Withdrawn from market OF
! certified by the Secretary of the Interior for
the benefit of either of said companies. to
which the companies respectively were not
/ entitled by reason OF prior withdrawal, appro-
/ pria ion, settlement or other disposition of
| said lands, the court shall make ali proper or
der or decree as to such lands And where there
are actual settlers upon any such lands claim
ing the right to the same under the general
! laws of the United States all such settlers
shall have the right to prove their claims and
make their entries under the homestead, pre-
emption or timber culture laws or il they
! have heretofore exhausted theirfghts under
said laws. or If the land is not subject to
such entry. they shall he allowed to
purchase not exceeding oneguarter Sec
| ton of 100 acres of the land so settled upon
and improved upon payment at the proper
land-offiCe of the United States at the Gov
eminent price OF said land Provided that
nothing in this act and no previous decision,
| ruling or action of the General Land-ofiice or
| Department of the Interior, canceling or
| holding for cancellation any entry or reject
| ing any application to enter any such lands
| by reason of conflict with railroad grant or
claim, shall be bar TO the reinstatement of
! such Cancelled entry or the allowance of such
rejected application.
| SEC. 9. That no more lands shall be certi-
fed or conveyed to the State of Kansas, or TO
any corporation or individual, for the benefit
of either of the railroad companies therein
| mentioned. until the said grants respectively
| shall haVf, hnan tnd ac ~ this acf ya