Dodge City times. [volume] (Dodge City, Kan.) 1876-1892, 1885-12-24
SPECTATORS ONLY.

4 Recent Land Decision Of tho Supreme
Court Which Will Only Affect Specu-
lators.
WASHINGTON, December 1.-THE recent
opinion of the, United States Supreme
Court asserting that the title to all public
lands were patents have not actually issued,
including lands sold by the Northern Pa
cific Railway Company, is still in the Gov
eminent, is thought by officials Of the Gen.
eral Land Office to affect mainly the large
purchases of land for grazing and specula-
tive purposes. The bona fide settler who is
living on his own 100 acres Of land will not
be affected even If it is shown that the rail-
road company from which he purchased his
land has not the title to the land. The law
expressly protects the bona fide settler, but
the mere Spectator or purchaser OF it
should it prove that the railroad has not
and can not get title to the land, will have
to suffer the loss of the money invested
unless some redress can be obtained
from the railroad company. In large
number of instances the land grant roads
have delayed getting out patents to lands to
which they were entitled, in order to keep
the title still in the Government, and thus
avoid the payment of State and county
taxes. Where a good claim to the lands
exists on the part of the railroad company,
patents can issue, and then, the title having
passed from the Government the company
can make legal transfer of the land, but
in the event of the Land Office refusing to
grant patent the purchaser OF the land
will be left without remedy except against
the company. In the case of the Northern
Pacific the Commissioner of the General
Land Office has ever since he came into Office
refused to issue any patents at all on the
ground that the question of the forfeiture
of the entire grant was now pending before
Congress. Inquiry at the General Land
Office concerning the recent decision of tho
United States Supreme Court by which
the Treasurer of Trail County, d. T.,
is enjOined from collecting taxes
upon lands granted the Northern Pacific
Railway Company, elected substantially
the following statement: In 1870, when
making the appropriation for the survey Of
lands granted the Northern Pacific Com
pvny, Congress added a provision that be-
fore title shalt pass from the Government
there shall first be paid into the Treasury
of the United States the cost of surveying,
selecting and conveying the same, by the
company or party in interest The North
ern Pacific Company has never asked for,
or received patents upon its lands in Dakota,
but has left the title with the Government,
thereby relieving the company from the
cost of making the surveys and from the
burden of local taxation. 1t is further said
by the General Land Office officials that
even if Congress should declare forfeiture
of the entire Northern Pacific land grant
for alleged noncompliance with some of
the terms of the charters, the bona fide
settler would in no manner suffer, as his
claim is held to be superior to all other,
and that hardship would result only to land
spectators and owners by purchase from
the railroad company of large tracts. In
these cases recourse could be had only upon
the railroad company.