The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1888-08-09

WASHINGTON, August 1.-The sec
Rotary of the interior to-day rendered
decision in the somewhat celebrated
case of the Northern Pacific Railroad
company against Guilford Miller. The
history of the case, briefly stated, is as
follows: In 1884 Miller made a home
stead entry of $50 acres of land within
the indemnity limits of the Northern
Pa ific railroad in Washington terri
tory, alleging statement in 1878. The
date of entry was subsequent to the
date of the withdrawal for and the Sc
lection by the railroad company. The
entry was allowed by the local land Of
ticerS who subsequently notified the
general land Office that the allowance
was an error as the land entered had
already been withdrawn from settle
ment and ad yised 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 the express pro-
hibitiOn in the grant itself and the
land was subject to settlement up to
the date of selection. The railroad
company appealed to the secretary Of
the interior who referred the question
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 Withdrawal was Illegal. Soon
thereafter the president in a letter to
the secretary took the position that as
a selection of the company were re-
quired by law to be made under the
direction of the secretary of the inter-
| ior, the secretary should require the
company to release the track claimed
| thereof. There the case stood until to-
day. In the decision to-day, the sec
Rotary holds briefly that when the
maps of the main line was filed and
accepted in 1870, the general route
was fixed and the statuary with
| drawal under section six of
the granting act became operative
| the Statuary Withdrawal having once
been put lii operation could not again
be criticised. Its authority being eX
hausted. the general route being thus
fixed could not be amended or changed
i except by legislative authority, as no
such authority was given, and the
attempt to change the general route by
the map of 1872 was without authority
of law, as Miller's land was not within
the limits of the statuary withdrawal
under the lawful maps of 1870, it re-
manned public land subject to settle
ment notwithstanding the filing of the
map of 1872 and the attempted with.
drawal of the land by the commissions
er of the general land office, was of NO
effect to change the statuary. The sec
rotary holds that section six of the
granting act to the company abso
lutely prohibits the withdrawal 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 the withdrawal of lands FOL
indemnity purposes the commissioner
did that which was prohibited. Tit
railroad company selected Miller'S lanC
as indemnity for lands last within thu
Yaquima Indian reservation, but TIT
secretary says inasmuch as the su
preme court said in the ButtZ case tina
the fee simple title to the lands within
the Indian reservation passed by tn
grant to the company subject to tn
right of occupancy by the Indians tn
company is not entitled to indemnit,
for lands within said reservation, ant
which have passed to it by its grant
The effect Of this decision is for reach
ing and will affect about eigh
hundred cases now pending il
the general Office and probably tn
, claims of many settlers which hav
: not reached there, the denial of tn
right of the company to indemnity TO
lands within the Yaquima Indian re
servation is said to be equally applica
BILE to other Indian reservations alOn
the line of the road and will have tn
effect of reducing the indemnity claim
of the company very largely probabl
| to the extent of million and half acres
, About 1000 cases now in the genera
, land Office will be affected by thi
: decision.