St. Landry democrat., 1885-07-18
THE TEXAS AND PACIFIC RAILROAD
LAND GRANT.
The Rights of the Settlers as
Told by Congressman
Lewis.
SETTLING WITH THE SETTLERS IN ST
LANDRY.
Hon L. Q. c. Lamar, Secretary Interior, Wash

Dear Sri see by the dispatches from
Washington that the Texas and Pacific
Railroad Company are pressing thell
claim to patents for the remaining 300,-
900 acres of the Backbone land grant
and though | have no fear that the de-
partment will act hastily in the matter
still, in the interest of the settlers upon
these lands in this parish (St. Landry,
feel it my duty to call your attention
to some of their well founded griev-
ances. / say the Texas and Pacific
Company because, as every one at all
posted in this State knows, the New Or
leans Pacific Railway Company has nc
longer any practical legal existence
and it is simply an intermediary OF the
T. and P. for the purpose of securing
the land grant.
1t is not my purpose to discuss the
grounds of objection to the confirmation
Of this grant now, having to the best OF
my ability endeavored in the Forty
eighth Congress to secure its forfeiture,
but to place before you as briefly as
can the case of the settlers in this sec
ton. am the more constrained to do
this because / know it will be utterly
impossible to appeal to the department,
or bring to its attention each individual
case in time to avert tie grievOus injury
that would be done to them in the event
it should be held that patents should
issue for this large body of land without
reference to their claims.
Much the largest part of the lands Sc
lected by the company here lie within
the ten mile indemnity limit, and con-
sist in the main of open prairie, with
skirts of timber,s and are admirably
adapted to agriculture and grazing.
This ten mile indemnity limit was, /
think, entirely covered by the grant to
the old Opelousas and Great Western
Railroad, made, if am not mistaken, in
1856. This latter grant was forfeited by
act of Congress-, approved in July, 1870,
and the lands restored TO the public
domain in December of that year. I
speak from memory, not having access
to official data. The present grant, as
is we'll known, was made by act approv-
ed Sd March, 1871, to the provisions of
which desire to call your special at
tention, in so far as they relate to the
rights of settlers.
The grant to the Backbone Company
[sec. 22) was the same as that granted
to the Texas Pacific in California, and
the lands were to be withdrawn, select
ed, ETC., upon the same conditions. The
grant in California to the Texas and
Pacific and the directions for withdraw
al are contained in sections and 12.
By section there was granted to the
Texas Pacific in California and there
fore to the Backbone Company in
Louisiana
every alternate section of public lands, not
mineral, designated by odd numbers ten
alternate sections OF land per mile on each side
of said railroad, where the same shall not
have been sold, reserved or otherwise disposed
of by the United States, and to which pre-
en,ptson or homestead claim may not have at
taChed at the time the line of said road is deJi-
niteLy JtTed. In case any of said lands shall
have been sold, reserved, occupied or pi e-empt-
ed, or otherwise disposed of, other lands shall
be selected in lieu thereof by said company,
under the direction of the Secretary of the In
terror, in alternate sections and designated by
odd numbers, not more than ten miles beyond
the limits Of said alternate sections first above
named and not including the reserved num-
bers."
By section 10, the Texas Pacific, in
California, and the Backbone, in LOui-
siana, were required, within two years
after the passage of the act, to
designate the general route Of its said road !;
as near as may be, and shall file map of the
same in the Department OF the Interior, and
when the map is so filed, the Secretary of the
Interior, Immediately thereafter, shall cause
said designated route within the Territories,
and ticeaty miles within the State of California.
to be tCithrdtC from pre-emptio1t, priUate entry
and SALE" The italics are mine.
BY the terms of the granting act
therefore, it seems to be beyond question
that, of the odd numbered sections
granted all that portion sold or disposed
of by the Government or to which a
Dre-emptiOn or homestead claim attach
ed, not at the passage OF the act, nor at
+E,o Nofn nf fhn cynnnpnl location nT fho
line of road, but at the time the line is
definitely fixed" are excepted, exclud-
ed from the operation of the grant.
That is. in other words, such of these
odd numbered sections as were occupied
by settlers claiming hOmesteads or pre-
emptions prior to the definite location
Of the road were not granted at all to
the Backbone Company. The COmmis-
sioners Of the General Land Office in
several cases arising against the Texas
and Pacific Company in California held
that
Lands within the limits of grant to Texas and
Pacific Railway Company, actually occupied at
date of definite location of road, were excepted
from the grant by the terms thereof" See rul.
ing of Commissioner Railroad, Division T, Jan.
IS, 1882 Ito r. and R., Los Angeles, CALI; s. 81.
Bratton VS.. T. and P. Ry. Co.; juno %, 1882, T.
Bratton vs.. Same; May 19, 1882, n. B. Bratton
vs.. Same, and j. Z. Flynn VS.. Same. The grant
ia the Backbone being the same as the grant to
HI. .Texas and Pacific in California, to which
this ruling refers it of course applies with equal
force to the Backbone:
If is further manifest that the grant
ing act required the withdrawal of lands
Only within the twenty y-mile limit, for
there is no provision in the act either
directly or Indirectly directing a with
drawai of any land within the ten-mile
indemnity limit. The indemnity clause
merely provides for contingency that
might happen in the future-the possi-