St. Landry democrat., 1885-07-18

MANY ISdSOuS mlSnC O6 suggested as TO
the unwisdom Of Withdrawing the in
demnlty lands, but this is beyond my
present purpose. It is sufficient to point
to the fact there is no law directly au-
thorizing the withdrawal of the lands
within the indemnity limits in this case.
So much for the law. Now let me
: recur to the facts.
The definite location of the line of the
road is an important factor in this mat
ter, as, in my judgment, the rights of
both the railroad company and the set
tiers became fixed at that time only.
Fortunately that is no longer an open
question.
| Though the grant was made in 1871,
the line of the road was not fixed until
October, 1881, and November, 1889.
| 10 show this quote from Senate Ex.,
Dec. 81, first session, Forty eighth Con-
gress.
| Col. E. B. Wheelock, President of the
claimant company, on May 8, 1883, in a
letter to the Secretary OF the Interior,
transmitting maps Of location of the
road, saws:
"The map accompanying this letter shows by
the certificate of the engineer who fixed the
line definitely urder authority from the board
of directors. with my certificate, both of which
/ are under oath. when the location of the road
was definitely fixed'
4AS GCIuuCdI6 Oh Iu6 commissioner appoint
ed by the President of the United States to ex-
anime the road shows that the road was con-
structed on the line definitely fXed by the en-
gineer unaer the authority of the board Of
directors.
You will please recognize the line as def
nltely liked at the time certified and direct the
Land Office to so recognize it,
Ihese maps and certificates were in
tended to show that the line was def
nitely fixed between August, 1875, and
| December, 1880, from White Castle to
| Shreveport and this is the date which
he requests the Secretary to recognize.
His letter with the maps and certifi-
Gates having been referred to the Com
missioner of the General Land Office,
the Acting Commissioner in answer to
| Col. Wheelock's request on May 80,
1888, says:
| GAS regards definite location, the usual course
Is for the railroad company to file, in advance
| of its road" ''The filing in and accent
ance Of such map by the department ID gener-
ally held to constitute definite location. In the
| present case no map of definite location was
| filed in advance of construction" '"The
| department. has generally held that road is
definitely located when the line is so fixed that
it cannot thereafter be changed in any material
| particular without the consent of the granting
| power"
leans Pacific Railway Company was executed
Jan, s. 1881, and the deed Of assignment was
/ filed in this office Feb. II, 1881"
| "It can hardly be claimed that the line of the
New Orleans Pacific Road was at any time be-
tween 1875 and 1880 so fixed that it could not
| have been changed without the consent of the
| granting power. The company had then no
claim to the grant notwithstanding before this
| department and could have changed its line at
It's pleasure. I must, therefore, decline to re-
cognize the dates shown on said map as the
dates of the definite location of the road in
question. The first maps showing the location
of the road which were filed in the department
| were the maps OF constructed road, and as ac-
tual construction is the best possible location,
am Of opinion that the filing Of said maps should
be held to be the definite location of the respec-
| tive sections of road shown thereon.
| 1.-THE office will. therefore, in the adjustments
OF the grant, treat the dates Of the filing of said
maps (0ct. 27, 1884, and Nov. Il, 1882, as tbs
dates of the definite location ef the road"
"You will be allowed sixty days from the re-
| ceipt of this letter within which to appeal to
the Secretary of the Interior, should you so de-
SIRE"
Col. Wheelock, in his official capacity
as President of the claimant company,
replied to this letter on May 29, 1888,
and says:
Yours of May % was duly received. &C.
| cept the dates Of the definite location of the
| New Orleans Pacific Railway as fixed by. you.
and have no appeal to make from your desis-
| ion. You will please make the necessary or
| ders to the land offices at New Orleans and
Natchitoches to recognize the definite location
as decided by yOu."
In accordance with his request on the
| 10Th of October, 1883, the order to these
Offices was duly transmitted to the Re-
| gisters and Receivers at New Orleans
| and Natchitoches by the Commissioner
of the General Land Office. See his Of
fetal letter of this date on file in the
| department..
/ think it apparent, therefore, that
the lands covered by this grant were, or
rather should have been open to pre-
emption and homestead entry up to Oc-
| tOber, 1881. But such has not been the
case. If am not mistaken no home
stead entry within the limits of this land
grant except for the even sections has
ever been permitted by the local offices.
] The reason for this, possibly, may be
found in the letters of Withdrawals in
1871 and 1878.
The Commissioners of the General
Land Office, in bis letter to the Register
and Receiver at New Orleans, of Nov.
90, 1871 (I think it must be 1879 a copy
of which have before me, after quot
/ ing the law GerbGtint as have given it
| above, says:
"I now lncloBe diagram of the road in year
district with the twenty miles granted iiAtt
and the ten mile indemnity limits, and you are
| requested to withdraw from further entry or
sale all the odd numbered sections OF land fall
/ ing within those limits.
| Yo will consider these instructions as taking
effect on the day OF their receipt by you. and
j you are requested to Immediately acknowledge
| the date OF their receipt"
Thus it will be seen that the Com
missioner, though he cites the law es-
tablishing the exceptions, yet he gives
a sweeping order allowing no excep-
tions, not even the land sold or dis
posed Of by the United States.
Not only this, but the land in the in
demnity limits are also withdrawn, for