The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1885-10-30
AN INTERESTING LAND QUESTION

Ii has been known for some time that
the title of the various railway compan-
les to certain lands, known as railway
indemnity lands, has been in question;
and il is held that companies cannot
hold the same under the law. Learning
that Mr.. Kellar, of the firm Of Kcllar Il
Green, Of Albert Lea, who rs thoroughly
experienced in railway land matters, was
in the city, Il FREE Press reporter called
upon him at the Mankat" House with n
view of getting his opinion on the ease,
and we here reproduce the interview in
substance:
Do you claim the titles to Il part of the lands
of the Winona n -. Peter. and -. Paul and
Sioux City railway companies are imperfect !
do and ( have yEt To see the first evidence
that the companies themselves consider their
titles good. II their titles are good why do
they not give warranty deeds To parties who
purchase of them I think IL fair To say they
10 not dare To-
The railway companies have claimed thou.
sands of acres of land in the counties of Blue
Earth, Farihauli, Martin, WatOnwan, Murrav,
pipcstone, WaSrca, steele, LcSucIIr. NicolIct.
Lyons, Mobiles. Rock. Jackson, Frecborn, Dodge
and many others, In which they never had u
title to. or, In the language of the supreme
Court Of the United States have no interest
in, reVcrSiOnary or otherwise.
The claim of the companies that lands upon
which there was Il homestead or presumption.
filing prior to the attachment Of their grants
reverted To them upon abandonment is for
ever settled by the decision of Tho highest jul
dicial tribunal In this nation.
The Hon. NJ j. Severance, of your city,
Judge of the District Court, has within the
last few weeks decided n case involving the
same question I'm favor of the settler and
against the railroad company.
The railway companies have had u wcnty-
five years harvest from the public domain un-
I'll they now claim nearly half the continent,
friendly congressional legislation they have
not been able To- procure q perfect title to
their lands they can scarcely expect much aid
from the present administration so far as its
policy ia forcshsdowcd AT present.
II the companies are the lawful owners of
these lands let ihrm have them. Their quar-
rel Is now with Cen. Sparks. commissioners of
the general land Office, and with Mr.. Lamar.
Secretary of the interior.
Until very recently the title of the compan-
les TO lands within the twenty mile limits lex
cnpt indemnity lands have been unquestion-
ed. BUT the order OF Secretary Lamar for.
bidding the Northern Pacific company from
cutting timber on their granted lands along
its track until their grant has been adjusted
and patents issued, is very suggestive Just
now.
The coming report of Com. Sparks will show
that the WlnOna & 81. Peter Go. have nearly
three quarters of n million of acres of land To
which they are not entitled under their grant.
This vast area is to-day II part of the public
domain and open To settlement hy the first
legal applicant.
III the companies are beaten out of these
lands they ought not 10 squeal, they have had
their day, and now the settlers are demanding
theirs.