The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-11-21
ILR LAND GRANTS.


RAILROAD LAND GRANTS.
The arguments which were commenced
before the Secretary of the Interior on
Tuesday last, to. reverse a decision made
| by the Commissioner of the General Land
! Office, withdrawing IRON the land grant
| claimed by the Northern Pacific Railroad
! Company what are known as indemnity
lands, and throwing them open to settlers,
has, as it properly should havedone, awak-
ened a renewed inquiry in the minds OF the
| people as to their rights as constituent
parts of the government to the public do
main. Congress has repeatedly usurped
| the rights of the people since the year 1850.
by making ndiscriminate gifts OF the prop
erty OF their constituents to grasping rail
/ road corporations. Millions OF acres OF the
most desirable grazing and agricultural
| lands have thus been wrested from the pos
| session of the people, and handed over to
heartless corporations to enrich a rlng Of
| SPECTATORS. The very heart of the rich in
heritance of our citizens has been cut out,
and there has as yet been no well organized
protest against such vandalism. The time
has come when the people all over the land
should rise up to the full stature OF their
manhood, and not only boldly assert their
rights in the public domains, but fearlessly
and resolutely contest the titles tc their
property claimed by railroad corpora
tions without any consideration.
Efforts were made as early as 1916 in
Congress to fritter away the public lands
in the:interests OF spectators, upon the pre-
text OF constructing d railroad from Lake
Erie to the Missouri river and from thence
to some point on the Pacific ocean, in the
then Territory Of Oregon. Those land
grabbers displayed the most cemmendable
modesty, for they only had the cheek to
ask for alternate sections forty miles on
each side of their proposed route, making a
solid tract of forty miles in width nearly
three thousand miles in length, covering
about 12O, 900 square miles or 716,SOO,-
900 acres. This was followed by a k
proposition from one Eli Whitney, who
only asked for 100, 600, 600 acres for a like
purpose. At that time Congress seemed to
have some regard for the rights OF the peo-
pie, or were in doubt as to their authority
to grant these brazen-faced demands, for
they were both rejected. Spectators, how-
ever, were not to be quoted by such we'll
rebukes, for they r~eorsanized and
strengthened their forces, and arming them
selves with implements OF corruption they
their assaults and succeeded in OBJ
grants of millions OF acres for rail-
roads in Illinois, Mississippi and Alabama.
These grants consisted Of alternate Sec
tons, extending six miles on both sides OF
the proposed routes. The modesty ofthese
requests, together with the %pecuniary per- |
employed, doubtless influenced
members of Congress to disregard their OBJ
legations, as agents OF their constituencies,
md despoil them of a portion OF their prop
erty. The people having submitted without
any protest, or even a murmur OF dissatis-
to this unlawful misrepresentation
their heritage, emboldened other schem-
ers to successfully induce subsequent pliable
Congresses to shower upon them large and
valuable slices of the public domain. The
to the Union Pacific, Central Pacific,
Northern Pacific and Texas and Southern
Pacific followed each other in rapid sue, es-
sion. Hundreds OF millions OF acres OF the
domain were thus given away with
out authority or consideration. In the
East, where railroads were constructed
solely by private subscriptions, passengers
are carried for three cents per mile, while in
portions OF the land, where these
roads have been built at the expense of the
whole people, the rates of fare are as high
as from eight to ten cents per mile. Higher
fares and higher freights are about the only |
consideration the people enjoy from the
unauthorized acts of Congressman in be- |
such princely subsidies upon rail-
road corporations.
The Northern Pacific grant, which passed
July I'd, 1864, transfers to that company
sections of the public lands forty
miles in width on each side of the route, and
addition ten miles, designated as indem-
nifty lands, making in all a solid tract OF
fifty miles in width along it's entire length
through the public domain. This company
ousted many settlers from their posses
in consequence of the erroneous de-
OF some OF our courts. They held
that the lands granted vested in the COM
pany at the time OF the passage OF the act.
This theory, however, has been refuted by
a higher authority, in deciding that the title
vested in the company only when notice OF
withdrawal of such lands had been forward-
ed to and received at the local land office.
This action has secured the rights of
OF settlers who entered upon
public lands subsequent to the act, but
prior TO their withdrawal by the Secretary
Of the Interior.
The indemnity lands, consisting of ten
miles on each side in addition to the orig
inal grant, were intended to compensate
the company for such lands, along their
route, as may have been taken up by actual
under the homestead and pre-
laws, prior to the title vesting in
They now contend that these lands |
are already withdrawn and are not open |
settlers, and this is the question now
lnder consideration at Washington. The
outcome OF the contest will be watched
With interest. The theory OF the land office
S that the time for the company to select
hose lands was when under the law the
title to the original grant, less those por-
ions belonging to actual settlers, vested in !
5hem; that then they should have filed
their claims to such portions of the in
tracts as would correspond with
5he quantity occupied by settlers in the
grant; that the intention OF the
~ Sc +bo% %ho~v eho,ll ho o,4:4I,J - I
more than the amount represented by the
alternate sections forty miles on each side
of their route; that having failed to make
heir claim in time the land reverts to the
The company contests these views, |
and this is the gist of the fight before the
AN exch ange calls attention to the !
benefits that IL railway company, |