Wichita eagle., 1888-08-03
ALAND DECISION.

| WASHINGTON, Aug 2-The secretary
of the interior today rendered decision in
| the somewhat celebrated case of the North
ern Pacific Railroad company against
| Guilford Miller. The history OF the case,
briefly stated is as follows:
| In 1884 Miller made homestead entry
on 100 acres of land within the idemnity
! limits of the Northern Pacific railroad in
Washington territory, alleging settlement
| in 1878 The date of the entry was subse-
auently to the date of the withdrawal for
! and selection bv the railroad company.
| The entry was allowed by the local land
officers who subsequently, notifle d the gen
eral land office that the allowance was an
error, as TIE land entered Lad already
been withdrawn from settlement
and advised that it be cancelled. This
the commissioner of the general land
Office declined to do upon the ground that
the withdrawal of this land was contrary
to express prohibit in the grant itself
and that the land was subject to settle
ment up to the date of selection. The
railroad company appealed to the secre-
tary of the interior, who referred the ques-
ton TO Attorney General Garland. In his
opinion the attorney general held that the
withdrawal was valid and effective as
against subsequent settlements and that
Miller's settlement made after the with
drawal was illegal. Soon thereafter the
president in letter to the secretary took
the position that as a selection OF a COM
pany were required by law to be made
under the direction of the secretary of
the interior, the secretary should
require the company to release the
tract claimed by Miller and select another
in lieu thereof. There the case stood until
today. In the decision today the secretary
holds briefly that when the map Of the
main line was filed and accepted in 1870,
the general route was fixed and the stat
uory withdrawal under Sec of the grant
ing act became operative. The statutory
withdrawal having once been put in OPP
Grafton could not again be exercised, It's
authority having been exhausted; the
general route having thus been liked
could not be changed except by legislative
authority As no such authority was
given the attempt to change the general
route by the map of 1872 was without au
thority of law AS Miller's land was not
within the limits of the statutory with
drawal under the lawful map of 1870, it
remained public land subject to settle
ment notwithstanding the filing OF the
map of 1872 and the attempted Withdrawal
of the land by the commissioner of the
general land Office, was of no effect
to change the statute. The secretary
holds that Sec. of the granting act to the
company absolutely prohibits the with
drawal by the executive OF the lands on
the line of the road from the operation of
the homestead and pre-emption laws, and
that in attempting to make withdrawal OF
lands for indemnity purposes the commits
sioner. did that which was prohibited.
The railroad company selected Miller's
land as indemnity for lands lost within
the Yaoui Iudian reservation but the sec
rotary says inaSmuch as the supreme court
said in the ButtZ case, Il ~ the fee simple
title to the lands within the Indian reser-
vations passed by the grant to the COM
pany subject to the right of occupancy by
Indians the company is not entitled to the
indemnity for lands within said reserva-
ton and which have passed to it by its
grant. The effect of this decision
is far reaching and will affect about
800 cases now peading in the gen.
eral office, and probably the claims
of many settlers which have not reached
there. The denial of the right of the
to indemnity for lands within
the Yaqui Indian reservation is said to be
equally applicable to other Indian reserva-
tions along the line of the road and will
have the effect of reducing the indemnity
claims of the company very largely, proba-
acres. About 1000 cases now in the gen.
eral land Office will be affected by this de-
cision.
Acting Adjutant Kelton this morning
received the following dispatch from Cen
eral Howard. repeating one from Lieut. !
Col. Snyder. of July 80 and one from Gen
eral Miles of July 81:
Two dispatches just received by Gen
eral Miles, the first by mail. indicates a
more serious condition of affairs at San
Carlos than has been previously reported. |
General Miles is en- route to that agency |
and am confident he will do all in his |
power TO prevent any Indian getting be-
You'd the limits of the reservation. / ear
nestly request immediate attention to
the cavalry the horses needed I
in Arizona.