St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-10-12
Two Important Gases.

special TO Lne GlOOe.
WASHINGTON, Oct. 11.-Assistant Sec
retary jerks will return to the interior de-
partment next week, and Immediately after
his return two very important public land
cases will be argued before him. The most
important Of these is the case of the North
ern Pacific railroad against Guilford Miller,
an appeal from decision of Commissioner
Sparks to the secretary of the interior.
Commissioner Sparks decided that there
was no authority in law for the withdrawal
of land within indemnity limits from settle
ment until the railroad company had COM
pleted its road, ascertained the deficiency
in the granted limits and taken the portion
of indemnity lands to make up the def
cheney. The practice for many years has
been to withdraw the indemnity lands from
settlement as soon as the line
was located, and millions of acres of land
have been withdrawn from settlement for
many years while it was uncertain whether
any part of them would be needed to make
up deficiency in the acreage within the
granted limits Commissioner Sparks de-
cided that all acts of his predecessors with
drawing indemnity lands were illegal and
void Of course the Northern Pacific ap-
pealed from this decision. Nearly every
land grant railroad in the country is inter
ested in the ultimate decision of this mat
ter The title to many millions of acres of
land is involved, and individuals who have
bought land of railroad companies within
indemnity limits are also interested in the
decision. This is one Of the most
IMPORTANT QUESTIONS
THAT has ever been argued before the secre-
tary of the interior. The other case that
will come up for argument before Mr.. jerks
is the validity of the patents
for the Backbone grant in Louisiana, which
Secretary Teller rushed through just before
he went out of office. For two weeks OF
more preceding the 4th Of March the
clerks in the railroad division of the gen.
eral land Office were worked nights and
Sundays preparing these patents for sigma
ture. By dint of industry Secretary Teller
succeededin signing patents for about 679,-
| 900 acres of the million acres claimed, be-
fore he ceased to be secretary. AS soon as
Mr.. Lamar became secretary he stopped the
patenting of these lands and now the Back
bone company is trying to get patents fol
the remaining 221, 900 acres of land. The
case will be argued before Assistant Secre-
tary jerks by Senator Eustis of Louisiana
for the settlers and eX-Congressman E.
| John Ellis of Louisiana for the railroad
| company. For years Mr.. Ellis was the
| champion of the railroad company in the
| house of representatives. A year ago last
( June he defeated bill forfeiting the Back
bone grant by procuring postponement OF
the consideration of the bill. Last winter
the bill came up again. being reported by a
large majority of the public lands committee
and Mr.. Ellis aided the company again by
getting the bill referred to the judiciary
committee, very unusual proceeding.
During the special session of the senate last
spring, Senator Eustis made very strong
speech denunciatory of the claims of the
company and the action of Secretary Teller,