Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1886-11-13

Is having oona Is ehe knoulezgs e
tia clSs th41 entxis4 had beEn msas
- Alleged eailasien fer tes puEposs q
918oling FaiiEoNd ooU psnlEz - obtain
lnzE1e aaEsntazes 11cer tbs So, Aaa
= bziae nndeEztood thaf agesfs 8 4ae
eoHF anies had sold e. eontracfed 90 ~
she EelinQu tzaeis, for which pa~
tents we're aEaandsd II tie nAme 81
&nelK tFanAfegsas. Wills eiatEa ing inaezn-
Bisy kEe41for fsom rs Unfisd SEAses.
I k1s register and EeeesFgr - Bersan.
AIM, weEe. % March .. lsSa. instrasf-
81 u ths mastes 81 EelInquishnennts
ana lea seles1icn1 b the Hastings anz
/ DaEoea kailrsad Company that reiie-
/ quisnmeuts Uns1 b unoondifionAl. ano
snAt TIE eumpang couid nos be peE2if-
I ted 60 name eaa paraou So wh0m the
title Of tbs Uzissd States shonld Be
4warded.
On ssp1 q, 1873. il uas hid b. this
sfI,es II lhe eass of B. v. Clark ". Tie
NortheFR Paeifa Railroad Company that
Ne large BODY q lands - Mnntana
! soded 10 tie United States by TIE croa
fndians, under a aQreemsnt ratified By
Congress April II, 1852 we're exeented
fEam the grant Of lands % the railroad
e0mpany bF reason Of haxinQ bsan "a q
State Of reseExatlon e date % definite
lueatios 81 TIE rad
This dscision IS affirmed Sept. Il,
1888, By Mr.. SecretaEy Teller on she
oompany's appeai. Ga Oct. 2, 1884. the
1eaxefary's decision vas suapendsd, ex
capt 81 10 the casa Of Clark, e. the re
qnest Of the oompanyas aftorneY, IN
order 10 enAbls . notlon for revisw 30
Dc filed. Huoh zn0tiou was never called
40 o. pressed fer aeGian. The eHeet 81
t6is pIooosdinQ Was 20 hold tue lands IN
Indefinite reservation from settlement
and entry. N0msFoQs Applications %
enter the lands Ware constantly bsina
made and rejected awaiting the oompA-
avs pleasure. THIS situation induced
aatioa BY thia ofziae calculated 20 break
the deadlock which had thus been I'm
poaed upon fheBs lands, and report vas
mada theroon 10 the Department July
y, 1856, which hrouRht tbs whole matter
before TIE Secretary Of the interior, Who.
% 6eCl. 8. 1855, Eeanrmed the preFious
decisions. thoEeby closing the whole
casa and relieving tbs lands FROM the
unf0undod elaim Of ie railroad con-
pany. The AREA invoivsd IL about
f00. 900 acres.
Departmental dsslsions, following the
principle applicable % present grants,
aid down u Sohulen beRR W. Hartman.
have held that land net subject 20 grant
e she date Of the granting acf did not
pass 70 9 railroad company, although
| the prior conflicting claim might be ex-
tinenished at date of definite location.
Ia the oaae Of kees W. Central Pasife
Railroad Company, recently decided By
| the DeDaFtmen3. il Was held that under
she terms Of tee grant 10 said company
IL Flaht attached, ap0n debate looa
ton, % laRda free fR0ni reservation at
that date, although In . reserved o0ndi-
ton 81 date Of grant In the case Of
Blair and Olsen ~. Hastings and Da-
kota Railroad Company. decided By taiE
Office Sept. IL. 1886. distinction u noted
between the TIVE classes Of grants, viz
the old State grants. which have beer
held 20 be grants IL present., and thg
several Pacific railroad grants, IN which
the granted lands are defined % be such
- should Be sabieot thereto at thS
time the line Of ths road Is definitely
axed." Il vas therefore held that fheFs
was no oonhiot between the different de
eiaions, one relating 10 present. grants
and the otheE 70 grants which attached
at a future date.
The Oregon Central uaQoa road va
located for q considerable distancl
through country subsequently, eeded b
the klamath Indians and q portion
through the permanent reservation re-
tanned By the Indians. Overlooking o.
disregarding she rights Of the Indiaal
% the unceaad country, ~ we'll Is thi
provisions OF she grant aud legal prin
oiples applicable thereto, By which suel
lands were excepted from the Wagon
road grant, nearly 10000 acres wer.
certified 30 the State some years sincs
Tor the benefit OF the wagon road com
pany and about 5000 acres were p 4tented
In a report made TO tie Department
July ~, 1886. 10 which leading anthori
ties were cited asserting and protectin:
the lnclan right 70 lands embraced il
indian 0ooupaaoy until extinguisbed by
voluntary eessioas which right, as de
olared by the Sapreme Court Of Cd.
United States Ii United States vs. Cook
. is as sacred as the white mans RICH
30 the fee / held that noaa OF thes,
ianis passed By the wagon road grant
aud that the certifoatious and patents
we're without authority Of law and void
aRd recommended that proper iudioia
proceedings be had TO set the same aside
Tbs amount of land 30 aubiect 10 re-
ooveFy, and which would become pabli.
lands thereby, is l69. b6t 81 acres; th.
remainder, about 10000 acres. bsinG
still embraced IN the anoedsd IN liar
reservation.
In the case Of Rogers vs. Atlantic and
Pacific Railroad Company, decided Sept
s. 1856, it vas held that said company
4 IL =
tons within the limits Of the prior gram
20 the south Pacific Company ia Mis-
souri,, which, u permissible under The
law, would give for one road a s0lid
block Of lands instead Of alternate SEQ
tons; purpose which Il was believed
vas not intended By Congress. and Il
not dedncible from the provisions and
principles OF the Law. The amount Of
100 eco acres, OF which 5000 acres have
been patented, and Recommendation b Il
heen made that salt 20 set aside said pa
tents be instituted.
Salt has also heea ordered By the De
pArtment Of Justice, on the recommend
alton Of this o1laa, for the Feooverv Of
and Texas Railroad Company upon sim
4 AAAH MEULAM1a
Lands whioh had been desiRnatsd by
tbs Uuited States as mineral pFioI
70 March 3, 1855, 9sra excluded fFou
tie grant Of lands made By aca OF Cen,
Rrass Of that date foE the Portage Lsks
and Lake Superior Ship Canal. Net
withslandinQ this express exception il
the granting cot, upward Of 6 .00o acres
which bad bsen designated By the United
States AZ mineral before March s, 1855
ineludinR some Of the most vaiuabll
lands IN the eoppeF range Of tue appeI
peninsula Of MiohiRan. vera certified
aud approved BY this DepAFtmant fol
the beneht Of the ship canal compamy.
suit vas RECOMMENDED By this Office ] aae
3. 1856. 10 recover said mineral lands 20
The United States.
Snit has been recommended 10 recover
from TIE Central Pasifc Railroad Com-
pany some 800 acres, which, haviaR
been embraoed within the linits Of 4
Mexieaa private land claim 1.-THE Las
Poohitaa Ranohol 81 date Of the deanits
iscation Of tue read, Vas improperly
patented 10 the company. For the zane
reason salt has been Recommended &
set aside patents 10 the southern Paci6s
Railroad Company for 400 acres en-.
hFaced Y thin the boandaFies Of the
san Jose Rancho a. date Of dsdnits
locasion.