The Opelousas courier., 1888-11-24
Railroad Lands-Indemnity
Limits.
EDITORS COURIER :

Lbl1ohS " - ..#-5 Hs# =H h-s
The subject of the grant of land to
the N. O. Pacific Railway Co. (as-
signee) has a great interest to many of
your readers, and for the information
of such as are settled on the lands en-
braced in the " Indemnity Limits" |
give you the following statements of
facts:
This grant was given by Act of Con-
gress of March Sd, 1871 to the n. O. B.
r. & Vicksburg r. r. Co., which was
to build a r. R. from New Orleans to
Vicksburg, with a branch to Shreve-
port, and was given a grant of all the
odd numbered sections that remained
to the United States within 20 miles of
the centre of the road on each side
and not satisfied with this donation,
Congress, thinking that the r. r. Co.
had been in partnership with the
United States in the purchase of Lou
isiana from France, and no doubt think
ing the r. r. Co. had actually assisted
the U. S. in paying the fifteen millions
of dollars paid for Louisiana, gave to
said r. r. Co, to indemnify them for
the odd numbered sections within the
90 miles which had been (wrongfully9)
sold by the U. S. since 1903, a right to
select lands, odd numbered sections to
an extent of 10 miles further on each
side of the 20 mile limit. Thus was
given a grant absolute of the odd Sec
tions 40 miles in width from New Or
leans to Shreveport, and in addition,
tlesTight to select odd sections for 10
miles further on each side, known as
!" Indemnity Limits i'm effect las q
good deal had been disposed of, to
give the r. r.. Co. the odd sections in
a strip of land extending from New Or
leans to Shreveport, and 60 miles wide.
The consideration of this donation
was this-that said r. r. CO. should
build and have complete aUithin 5 gears,
that is by March Sd, 1876, a railroad
from New Orleans, by way Of Baton
Rouge, to Shreveport.
AS is well known, the r. r. Co. had
no money, and did not build IA foot of
railroad, nor expend a dollar, and their
charter was revoked by Act of the Leg
islature. A new company was organ
lied, the n. O. Pacific Railway Co.,
and not with this Land Grant IN uieav,
built a railroad, and about the time of
its being completed, in 1881, bought
for ONE DOLLAR this defNnct grant. and
at once laid claim to the land. In this
they were assisted actively and ear
nestly by the Republican Administra-
ton. The Commissioner of the U. S.
General Land Office forbade Registers
and Receivers to allow any application
of any kind whatsoever for these lands
this, although the Presumption law
was in force. 1t was contended by
parties in interest that Homesteads
and Presumption entries must be allow
ed outside of the 20 mile limits, be-
cause there was no law authorizing the
withdrawal of the lands beyond the 20
mile limit, and as q consequence, these
lands remained subject to the settle
ment and Presumption laws. Appeals
we're made to the General Land Office,
but no decision could be obtained, and
it was only in August 1887, that a de-
cisiOn undegthe Democratic admins
tration was reached, as follows:
Dept. of the Interior,
General Land Office, Washington,
Dc, Oct. 10, 1887. }
Register and Receiver, New Orleans !:
Gentlemen--Under instructions from
the Secretary of the Interior of 18th
ult. you are diaacted to restore to the
public domain, and open to settlement
under the General Land laws, all the
lands in your district heretofore with
drawn for Indemnity purposes under
the grant to the N. O. Pacific Railway
Co. Assignee of the N. O. B. r. g. v.
r. r. Co. by Act of March Sd 1871,
except such lands as may be covered
by appraYed selections j. g. selections
approved by tAe Commissioner d the
General Land &afce and the Secretary
of the Interior t
As to the lands covered by unap-
proved selections, applications to make
filings and entries thereon may be re-
ceived, noted and held subject to the
claim Of the Company, of which claim
the applicant must be distinctly informed
and memorandum thereof made on his
papers. Whenever such application q
file or enter is presented, alleging upon
sufficient prima facie shoWiag that the
land is not subject to the Company's
right of selection, notice therefore will
be given to the proper representative
of the Co. and 80 days after service Of
such notice will be allowed within
which to present objections.
Should the Co. fail to respond or
show cause wig the application should
not be allowed, said application for
filing or entry will be admitted and the
selection held for cancellation. but
should the Co. appear and show cause,
q hearing will be ordered under the
Rulessof Practice, to determine whether
the land is subject to the right of selec-
ton by the Co. which shall be deter.
mined by the r. & r. subject to the
right of appeal by the party.
The Secretary's order revoking said
indemnity withdrawaTtakes effect from
its date Aug. 18th 1882. so as to open
the land embraced therein to settle.
ment. but the filings and entries OF
such lands will not be received until
notice of the restoration shall have
been given by public advertisement fol
a period of 30 days. In order to carry
the above mentioned restoration into
effect, you will cause to be published
in oEe newspaper of general circula,
tion in your District, a notice that
said indemnity withdrawal has been
YeUoEed, and the land covered thereby
opened to settlement, and on d day tc
be fixed by you, not less than 80 days
fIom date of notice, said lands will be
opened for filing and entry. Y !
s. IN. STACKsLAYER,
CSrnad Acct fSonofo