Grand Rapids morning telegram., 1885-02-24
THE LAND-TITLE BILL.
STATEMENT BY GEN. cuTcHeoN,
The Effect of the Bill Misunderstood
Its Purpose TO Benefit Tens of
Thousands OF Settlers.

confirmation of Michigan land titles has
stirred up the delegation and also their con-
stituents TO greater degree than any ques-
ton of State interest that has been before
Congress for years.
IhefDetroit Post correspondent called on
Gen. Cutcheon and requested him 10 give
brief history of this matter since IL frat
came up. The General said:
Judge from. letters and kilograms re-
ceiyed from Michigan that there is the great
est possible misunderstanding of the nature
and effect of the bill 10 confirm land titlestn-
troduced In the Senate by Senator Palmer
and fnys self in the House of Representatives
The main purpose of the bill is 10 preserve
tand validate the titles of a vast number of
| actual and bona fide settlers, who have ac-
quired their titles IN Western and Northern
Michigan, either by cash entry, scrip entry
or warrant entry, from 1854 10 the present
time.
/ believe that these number tens of thou
sands. Ii has nothing whatever TO do with
the interests of any railroad company, of any
land ring or any land spectators.
In 1854, IN anticipation of certain grants
of land TO the State of Michigan for railroad
purposes, and as is recited In the order of
withdrawal lat the solicitation of the ma
jority of the Michigan delegation in Con
| lands then remaining unsold north of the
base line and west of the principal meridian
in the State of Michigan was withdrawn
from market by executive order. Subse-
| quently, after the selections for railroad pur-
poses had been made, the residue of the
lands so withdrawn, amounting 10 many
| millions of acres, were restored 10 market
by executive order, through the land de-
| partment, by which II was announced in
public notice, that on and after a certain
| day therein named, these lands would be
subject TO private entry in the land offices of
| the several land districts IN which they were
located, and from that time on until last
October, the United States have held
such lands subject 10 private entry and
disposal atthe minimum price, precisely the
same as If they had never been withdrawn; in
other words, the United States through its
executive departments, has treated the re-
storation as entirely regular and lawful.
Meanwhile the Supreme Court of the United
States, in the case of Sexton VS.. Eldred 18th
Wallace, in a case not involving this precise
question, declared that where public lands
had been by executive order withdrawn from
public sale after having been once offered.
such withdrawal operated as severance of
| the lands so withdrawn from the body of the
public domain, and that they could only be
restored TO the public domain by president
ial proclamation and being re-offered at pub
lie sale the same as if they had never before
been offered
The effect of this decision or declaration
appears. TO have been overlooked 10y the
otfic rs of the general land Office. as they
continued TO permit private entry of these
restored lands which never had been restored
by presidential proclamation and public re-
offering.
In the case of Sipchen VS.. Ross the COM
! missioner of the general land Office called
attention TO the language of the Supreme
Court, but as the lands IN controversy In
that case were located within the limits of a
land grant in the Upper Peninsula. which
had never been restored even by executive
order, attention was not drawn To the far
reaching character of the language employ
ed nor was it until in October last, when an
other case of like character was decided by
| the secretary of the interior, attention was
| drawn 10 the sweeping nature of this de-
cision.
Ii was found that in the one year of 1854
more than 81 100000 acres of land had been
| Withdrawn from market which had never
| been restored, In accordance with the doc
| trine laid down In the case of Sexton vs. FL
| dred.
| Very soon after the meeting of congress
| this winter the attention of the Michigan de-
/ legation was called TO this state of affairs by
| a certain gentleman from Michigan. There
| upon several meetings of the entire delega-
| ton, Democrats and Republicans. in the
| house of representatives were held, and II
| was agreed that the facts presented case of
| the utmost importance, and Mr.. Maybury
| and myself were appointed a committee TO
present the matter To the public lands com
| mittee and TO secure the adoption of such
| legislation az would avert what appeared 20
us as an impending calamity in the unset
| Ting of most of the land titles IN the
| northern two-thirds of Michigan. We
performed the duty assigned Us and found
| the Public Lands Committee in full accord
~ 81
prepared bill which was carefully consider
ed by the whole delegation, and after having
| received their approval was introduced by
| Mr.. Maybury the same evening. We then
| had second interview with the lands con-
mittee and had promise of hearing on
| the succeeding Friday morning, but before
/ that time Senator Palmer had introduced has
| bill in the Senate. which. although differing
| IN words from Mr.. Maybury's was intended
/ to accomplish precisely the same result. In
both bills II was intended 10 include only the
cases of actual and bona fde purchasers
where the lands had been restored By execu-
1 tive order or by an ACT Of Congress. and
where there was no possible conflict of the
title M TO the time of the introduction of
/ TINS bin
Meanwhile there being some delay in tire
/ Senate ia acting upon the PaimeS bin, on
account Of TIE sickness OF Senstor PlnrBb
/ thought II best "a the session was drawing
the House Of Representatives and 70 secure
favorable report from the public lands
! committee. 80 that when Senator Psluer's
/ blll should come 10 the House ve should 10
ready 70 meet il half way with favorable
report ard secure imrnediete action.
To this end ] rad hearing before the pub
/ lie lands COMMITTEES on uy biIl secured re-
+ port, unanimous except "a n one member
which rep0r1 = nov on fle. aud the bin On
tire calendar of the H0use. II has TINS re-
cs1red favorable and substantially unani-
rDous inaorsemeuf IN both branches Of Con
! gress.
Instead of beInC IN the interests q lard
/ speculators. i i precisely the reverse.
On These lands Eisvs sprane az tbon-
/ sands II farms numerous villages v1fh 81
/ most co1rtleSs c<Iurches ard scheoi fesuaes
{ and haTnes - rnen uho had beld- ar they
/ supposed. 81 uDeues3s0nes t3fls f0r twenfy-
/ FIRE pears. and shfs feeling - hostility -
tiis biIl wts1ch bss sr1sen n serns euar1ers i