St. Paul daily globe., 1885-04-14
STRIKES THE NORTHERN PACIFIC.
A Decision by the Land Commissioners
Affecting This Road.

A Decision by the Land Commissioners
Affecting This Road.
WASHINGTON, April 13.-Gen. Sparks, the
new commissioner of the general land office,
to-day sent an order to ithe register of the
land Office at Wala Walla, Washington terri
tory, revoking the order made March 20,
allowing the Northern Pacific Railroad COM
pany to change its line of final limit between
the towns of Wallulla and Dayton, so as to
include other lands under its grant within
this extended time. The commissioner says
it appears that this change was asked for in
the interest of certain alleged purchasers
from
THE RAILROAD COMPANY
of land not subject to selection or sale by
the company under the order of the depart
ment of August 16, 1881, fixing the terminal
limit of said withdrawal.
complaint was made by W. H. Reed OF
Walla Walla that this orGSr prejgdced the
interest of the settlers upth 149, ,766 acres OF
land in favor of the purchasers OF 2, 1000 acres
from the railroad company.
The following is Commissioner Sparks
letter in full:
Gentlemen: On March 20 diagram was
transmitted to you with an official letter ad-
vising you of the amendment of the terminal
limit of the withdrawal of the land in your
district on the definite location of the line of
the Northern Pacific railroad, and you were
instructed in effect that the railroad COM
pany woul1 be permitted to select lands
under its grant within such extended limits.
1t appears that this change was asked for in
the interest of certain
ALLEGED PURCHASERS
from the railroad company of lands not sub
iect to selection or sale by the company
under the order of the commissioner of the
land office of Aug. 16, 1881, fixing the ter
minal limit of said withdrawal. My atten-
| ton has been called to the matter by COM
plant referred to me on the 7th inst by the
secretary of the interior, alleging that the
| interests of the settlers upon 149, 760 acres
of land were prejudiced by this action in
favor of the purchasers Of 1000 acres from
the railroad company.
| am satisfied that the action of the Goth
ut. was taken under a misconception of the
purport of the letter from the secretary of
the interior of the 18th ult. In reply to the
! letter Of the
| PRECEDING DAY
from the commissioner of this Office, asking
instructions in the premises, the secretary
stated that the fixing of the terminal limit
was matter of mathematical ascertainment
and if correction was necessary to truly
represent the grant, on either side of the
road, this office was competent to make
| it. Such limit was fixed by the
commissioners order of Aug 16, 1881, in
| accordance with the rules used in the adjust
ment of the early land grants and adhered
| to from that period to the present time, 1t
| is not shown that any error was made III the
| ascertainment of that limit; in the present
case it was clearly not the purpose of the
secretary to change the rule for fixing the
terminal limits which has been applied TO
all railroad land grants nor to authorize the
extension of the withdrawal of
THE DEFINITE LOCATION
beyond such terminal limits when already
fixed by mathematical ascertainment in
which no error is discovered.
The action and instruction of March
20, 1885, being erroneous are hereby re-
voked. In speaking of this subject to-day,
Commissioner Sparks said: ''The order of
March 20 ought not to have been made. 1t
brought into the land grant what l thought
| should not have been brought in, when my
attention was drawn to the matter by the let
ter of complaint. After conference with the
| secretary decided to revoke that order" 1t
is stated at the land Office that the amount of
land involved was 10000 acres and that
two thirds of it had already been patented to
settlers, thus placing it beyond the reach OF
the railroad company.