The Mason County journal. [volume] (Shelton, W.T.) 1886-1927, 1890-09-19
An Interesting Decision.

IcuueTcu Nv StCtetdtv NoWVs VIZ WIZ
application of Cowl:tz County home
steader, by which, after thirteen years
from the date of the cancellation of his
homestead entry for conflict with the
grant of lands to the Northern Pacific
Railroad Company, his cancelled entry
was re-instated and the right to the
tract Of land in ques ion awarded
to him.
By the Joint resolution of Congress
of May 31st. 1870 Il grant of lands des-
ignated by odd numbered sections was
made to the Northern Pacific Railroad
Company for its line of road from
Portland to the Puget Sound, and Au-
gust 18th. of the same year map OF
general route was filed by the Cumpa-
ny, and the lands along said route, to
the extent of the grant, were with
drawn from settlement and entry, and
notice of such withdrawal was received
at the local land office from the Cen
eral Land Office October 18th OF that
year. The granted limits as fixed by
the map of definite location OF the
roads, filed September Ii, 1873, cores
ponded with the limits of the grant as
shown; by the preliminary survey OF
the line. or the general route, to the
extent of including the tract In ques.
ton, which is II portion OF an odd
numbered section.
August 9th. 1870, fourteen days
after the withdrawal of the lands en-
braced by the railroad grant, the
home-steader made an entry OF the
tract in question. Three years later
in 1873, but just before the definite
location of the road, he was notified by
the land Office that if the definite To-
cation of the road showed the land to
be within the granted limits, his entry
would be cancelled. Subsequently, in
1874, Congress passed an act, provid-
ing that where lands granted to any
railroad Company be found in the
possession of settlers whose entries had
been allowed subsequent to the time
when, by the decision Of the land de-
partment, the right of the railroad
Company became attached, the Com
any, upon REIMBURSEMENT OF such
tract, shall be allowed 70 select other
land in lieu thereof. The homes teader
WAS then notified that by showing
possession of the land after the right
of the Company had attached and
furnishing the REIMBURSEMENT of the
Company, his entry would abe sustain
ed. He made no compliance whit
notification and requirement. and ac-
cordingly in August 1875 his entry
was cancelled. In December 1884 the
Company included thet tract i'll ques-
ton in list which was presented to
the land department for certitication,
as passing to the Company under the
grant.
Four years later, the land not yet hav-
ing been certified to the Company, the
home-steader applied to have his
homestead re-instated. His applica-
ton showed that in September 1870. II
month after the Withdrawal on the
map Of general route for the grant to
the railroad Company, he first took
possession of the tract and began to
make improvements, aud from that
time forward lived there with his fam
lily. The-application WAS based on the
provisions Of an act Ut Congress passed
in 1S1Gysix years subsequent to the
occurrence Of the facts which gave rise
to the claim Of the Company and the
claim Of the hOme-steader and the
conflict of claim between them, and
one year after the claim of the home
ST. adler had been adjudged invalid and
cancelled.
This act provided that entries of
public lands made in good faith by
actual settlers in compliance with any
laws of the United States on tracts of
not more than 100 acres within the
limits of any land grant, prior to the
time when notice of the withdrawal of
the lands embraced in such grant was
received at the local land office of the
district in which such lands are situa-
ted, or after the restoration Of such
lands to market by order of the Gen
eral Land Office, and where proper
proofs of compliance with tue settle
ment laws have been made by the
parties holding such tracts, the entries
shall be confirmed and patents shall be
issued TO the parties entitled there
under.
The railroad Company objected to the
home steaders application for re in
statement in this case, on the ground
that the home-steader having failed to
show his possession of the land and
furnish the REIMBURSEMENT of the
Company as the land department had
required Of him, and having there y
allowed his entry to become cancelled,
his claim was destroyed and the mat
ter finally settled; and that the case
did not therefore come within the pro-
visions of the act of 1915. It was how
ever decided by the Secretary of the
Interior that by the provisions Of that
act. lands SO entered by settlers in
good faith prior to receipt of notice OF
withdrawal at the local land Office,
where the laws have been complied
with, are, 50 far as the rights of the
entryman are affected, excepted from
the operation of the withdrawal, with
the same effect &c if the settlement
and entry had been made prior to the
date of the withdrawal.
On the further question as to the
effect of the act of 1876 in this case. in
which the homestead entry had been
declared invalid and was cancelled
nearly year before the act was passed.
The Secretary of the Interior held that
as long as there has been no certifca.
ton Of the right Of the railroad com pa
ny to the tract in question, the title
remains in the United States; and the