The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1889-07-16
person was an actual settler their decisions have
heen liberal TO the settlers.

person was an actual settler their decisions have
been liberal to the settlers.
The general rule as 10 al reservations for rail
roads made since 1881. since which time nearly
ali the reservations under which railroads have
acquired lands have been made, has been and is
that the reservation is made subject to the
rights Of uci al settlers ANA subject 10 the fur
Their order Of the board" And the board has
exercised their reserved power literally and
fro civ in favor OF actual settlers in all meriOri-
Gus cases brought to their attention, and these
uncertainties Of relief are generally known in
the localities where the lands situated and
settlers frequently and freely avail themselves Of
them There are no ices caSs, or tcchnc'l re-
uuiiements in these proceedings, nor IS there
ANYTHING strict or difficult in the proof of settle
ment required.
Where reservations have been made for rail
roads or canals and by reason Of delay IN the
work it has appeared to the board that the SET
Element of the lands was being mpeded, the
board has in several such reservations allowed
actual settlers 10 go mo such reservations and
purchase homcsteads at the schedule price oil 81
per acre.
1t seems more than probable that con-
siderable tracts of land were confirmed
to the State of Florida by the act of
March 3, 1857, which we've not swamp
lands in fact, and that there have been
since selected and approved AID patented
to the State lands which did not fairly
come within the description of land
granted to the State by the act Of 1880
But it would be impossible ct this late
day to ascertain with any degree of pre-
cson what lands have been so erroneous
" patented TO the Sta.c or the relative
proportion of the same. 1t appears that
large bodies Of land are swamp or Owe :
flowed az certain seasons of the year,
generally in the summe. and fail, and
during wet years, 50 as to be periodically
too vet for cultivation or habitation.
which in dry seasons or in dry years are
dry.
1t also appears that lands which, at the
date OF the swamp-l..nd act, September
IS, 1850, were undoubtedly swamp End
overilowcd within the meaning Of the
acI, have since that date by the construc-
ton OF railroads, canals and bitches, by
the settlement, clearing, ami cultivation
OF the land, and in some cases by trails
made BY stock, become comparatively
lrv and fiji for cultivation.
The committee believe that in other
States which received the benefit OF the
act of September 20, $50, large quanti-
tic, If land have been selected aud pat
enlc,i t. the State which were not swamp
land, in f!c', and if Legislation is to be
tad authorizing legal proceedings for the
purpose OF setting aside patents issued
fpl' AN, ~ tn. >>tA1c OF I'.orla. It should
hn cXtcia"d t. such States.
lii view Of the .:irt that ~ the term,
/ OF the grant of the swamp aul over
flowed iani> to the States tie >ccretarv
.: the Interior wa, cnpow, red to pass
upon and determine the question of the
character OF the lands; of the fact that
most oi the lands patented u the States
have been sold and conveyed by them
AMI are now held by persons who have
, purchased them upon the faith Of the
nitct' States patents; In view OF the
! lmpracticabili,y OF determining a. this
time With certainty the character Of lands
selected by the States as swamp and owe :
flowed lands at the date of the grant, tie
committee believe that As Il matter Of
sound public policy the United States
/ should be bound by the action of the
Secretary Of the Interior, and that it
would be unwise to throw a cloud over
the lllle OF these lands by any legislation
authorizing proceedings to set aside and
cancel the patents heretofore issued for
them to the States
+ " Cark'S. Price, 5 cents a copy, IA pages.
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