Crawford avalanche. (Grayling, Mich.) 1879-19??, 1888-08-09
FAYORING SETTLERS.
A Decision by the Secretary OF the
Interior Adverse to Rail-
roads.
Nearly 5000 Cases Affected, In the
Matter Of Indem-
nifty.
rwnahington p. C.l special.l

The Secretary of the Interior has rem
dered decision in the somewhat cele-
brated case of The Northern Pacific Rail
road Company against Guilford Miller
The history of the case briefly stated is as
follows:
In 1884 Miller made a homestead entry OF $50
acres OF land within the indemnity limits OF the
Northern Pacific Railrc al I'm Washington Tsrfi-
tory, Alleging settlement In 1873. The date OF
entry was subsequent to the date OF the Win
drawai for and selection by the railroad com,
pany. Tie entry allowed by the local land
officers, who subsequently notified the General
Land Once that the allowance was an error a.
the land entered had already b zen Withdrawn
from settlement, and advised that 1t be can
celel. This the Commissioner OF the denerai
Land Once refused 70 do, upon the gronnd that
the withdrawal OF this lan1 was contrary 10
express prohibition In the granting act itseiI'
and that the land was subject 20 settle
ment up to the date OF selection. Inc Iall
road company appealed To the Secretary
Of the Interior, who referred the question TO Az
torney General Carl nd. In his opinion the
Attorney General held that the withdrawal was
valid and effective as against subsequent settle
ment, and that Miller's settlement male hiIer
| the withdrawal Illegal. Soon thereafter
the Pres dent in letter to the Secre' ary, TOOK
ths position that as the selection OF the company
was required by law to DE made under the direc-
| tion OF the Secretary OF the Interior the Secre-
tary should require the company 10 release tne
| tract claimed by Miller AM select another IN
| lieu thereof. There the case rested.
In the decision the Secre. ary hods briefly that
L
| cept,d In 1870 the general route was nxed, anu
| ths statutory withdrawal under Sec. OF the
| granting act became inopera i've. The statutory
| withdrawal having once been put in operation
could not again be exercised, its authority Delng
| exhausted This general route being thus nxed
| could not be amended or changed exc pit by leg
| islative authority. As no such authority was
| given the attempt to charg9 the general route
| by the map OF 1872 was without authority o. law;
As Mi lsr's land was not within the limits OF
the statutory withdrawal under the lawful map
of 1870 IL remained public land subject TO set
tlement Notwithstanding the ming OF the maj
| of 1872 and the attemp ell wi hdrawal OF the lanC
| by the Commission Of the General Land once
| was OF no effect to change the status. The Sec
| retary holds that Sec of the granting act TO th'
| company absolutely prohibits the withdrawal Dl
| the ExecutiNe OF the lands on th9 line OF TN
road from tbs operation OF the homestead en'
| pre- e-emption laws, and that IN attempting
| mako withdrawal OF lands for indemnity pur
roses the Commiss ioner did that which was pro
hibited The railroad company selected Miller
| land as ind .mnity for lands within the Yak IN
Indian reserva ion, but the Secretary say
!, | that inasmuch the Supreme Cour
simple title to the lands within th
| Indian reservation passed by the grant 10 IN
| company subject to the right OF occupancy D
J | the Indians, the company is not entitled 10 III
> | demnity for lands within said reservation Ill an
I which have passed to 1t by its grant. The eiiet
) of this decision is far-reaching, ana VIII ane'
Q about 800 cases now pending in the General Ian
4 | Office and probably the claims OF many settler
2 which have not reached there. The denial OF IL
: right OF the company TO indemnity Tor lane
. within the YakiIna Indian reservation IL said
9 be equally applicable to other Indian resery
tions al )ng the line of the road and will have u
) | effect OF reducing the indemnity claims OF VI
}, company largely, probably 10 the extent
l. | l5OlOgO acres.i ABOUT SOD cases now IN u
n General Land Office will be affected by TINS
70 |