, 1889-02-28
RAILROAD LANDS.
Important Circular Issued BY
the Commission.
Provisions for the Adjustment
of Railroad Grants.
Material Changes In Land Once Customs
and Other Matters of Interest to
Settlers In the West.


Office has issued the following circulars:
Registers and Receivers, United States
Land office, ,-Gentlemen: The following
instructions, under the act OF con Dgress ap.
proved March 3, 1887 ga Stat, 556), are
forwarded for your guidance.
The frst section directs that al railroad
land grants not adj usted heretofore shall
be adjusted Immediately is. without
unnecessary delay. The duties thereon.
DOR pertains TO the general land office and
bpartment of the interior. The second
NE9etion provides for the recovery by the
United States of the titles to lands which
from any cause have been enormously Ger.
titled or patented Ito or for the use or
benefit OF any company" on account OF
railroad grant whenever the facts may be
ascertained that certificate or patent has
been enormously issued, and prescribes the
duties of the secretary of the interior aud
attorney general in connection Herewith.
The third section provides that. il in the
adjustment of said grants, IL shalt appear
that the homestead or preemption entry Of
any bona 6de settler has been erOneously
Cancelled on account of any railroad grant.
or the withdrawal of public lands from
market, such settler, upon application. shall
be reinstated in all his rights, and allowed
to perfect his entry by complying with the
public land laws; provided, that he
mas nOJ lOCHJeu dnOJneT Cibiul, mbuc du
entry 10 lieu of the one 80 err0neously
cancelled; and provided also, that he did
not Voluntarily abandon said original
,A,ry; and, provided further, that II any
OF said settlers do not renew their appli.
cation TO be reinstated within q reasonable
time, TO be fixed by the secretary Of the
interior, then all such unclaimed lands
Ahall be disposed OF under the public land
AAws, with priority Of right given to bona
fde purchasers of said unclaimed land. If
any. and IL there be no such purchasers
on" Three classes of settlers are provided
for under this section. First, bona fde
settlers whose homestead or pre-emption
entries have been erronpously Cancelled on
account of railroad grant or Withdrawals
second, bona 6de purchasers of such un-
claimed lands; third, bona hde settlers re-
siding thereon.
RIGHTS OF SETTLERS.
The rights of the several classes to the
lands referred to iu the section are success
siye in the order stated in the section.
The first in right 10 the homestead and
pre.emption settler whose entry has been
wrongfully cancelled. IL he elects to as
sert his right and has not been disquali-
lied by locating another claim, or making
another entry in lieu OF the entry errone-
the succ, ssive rights of the remaining
two classes cannot attach ii he lawfully as
serts his claim. II he fails to claim the
land, or 10 disqualified under the act, the
second class of persons. who are the bona
tide purchasers Of the land unclaimed by
>him, attach and have precedence over the
third class. The bona 6de purchasers here
referred to are those who. without know
ledge of wrong or error, have pur-
- nslr1r mn n
tas lands which haye been pre-.
viously entered by a pre.emption or home
stead settler, whose entry has been erron-
eously Cancelled, as described in the first
clause of the third section, and which
land the ure.emption or homestead settler
did not elect or claim after the recovery
by the proceedings described by the sec.
ond section of the act. Attorney gener-
ais opinion November II, 1887 10 IL. d.,
272): Parties of the first class desi ring to
avail themselves of the benefits OF this
section should present their applications
without unnecessary delay after notice of
intention, as required by the act Of March
3, 1879 in presumption and homestead
cases. The application must In
eyery instance be accompanied by proof
showing: First, the facts respecting the
date of the applicants sett lement, dura-
tion of residence and value OF improve
ments upon that land; second, whether
he has located any other claim under any
of the laws of the United States authoriz-
ing settlements upon public lands; third,
whether he has abandoned the land en-
braced in his cancelled entry or filing, II so,
the cases which have led to the abandon.
ment; fourth, whether any other person or
persons are residing upon the land; fifth.
that such persons as may be 80 residing
upon the land have been notified Of the
intention of the claimant to apply for the
reinstatement of his fling or entry, and
the manner of giving such notice must be
shown. Should no adverse claimant ap-
pear to dispute or contest the
RIGHT OF REINSTATEMENT
proceedings will be had in accordance
with the rules and practice as in ordi-
nary contests. While the act contains no
provision relative to persons whose en-
tries or filings have not been Cancelled.
but whose lands have not been certified or
patented on account OF railroad grants, it
follows, asa matter of course, that their
rights should be protected, and the mode
of procedure in such cases will be the
same as in the cases where cancellation
has been made, except that the parties
should apply to make final proof and
payment instead Of for reinstatement OF
entry; but in such case proceedings Will
be deferred until the title has been re-
stored to the United States. as provided BY
section Q of the act. The instructions OF
November 90. 1887, under this section are
hereby notified in accordance with the
foregoing. Proceedings on applications
by parties of the second class will be gov
erned by instructions under the fourth Sec
tion. Applicants of the third class will be
required TO submit evidence, in addition
TO the relating of their own settlement or
claim showing whether there are persons