The McCook tribune. (McCook, Neb.) 1886-1936, 1890-07-04
Union Pacific Land Patents.

Noble has replied to tho resolution OF
Senator Plumb under date OF December
q, which called upon the interior de-
partment to report the cause for the
Withholding of patents within the linn
its OF the grants of the Union Pacific
railway company which are free from
claims. There has been n strong pres
sure brought to bear upon the interior
department from hundreds OF settlers
who years ago purchased lands from
the Union Pacific railway company and
who have not yet received patents for
thec completion of their titles to these
lands. There has also been great com-
plant from the states of Kansas
and Nebraska owing to the withhold
ing of the patents and the railroad
company and the purchasers under
them have been enabled to escape state
taxation. Senator Paddock has three
times called upon the president and
urged a settlement OF the question and
the senator has also called the atten-
ton of the chief executive and secre-
tary OF the interior to the matter. In
his reply Secretary Noble states that
the delay in making q response has
been due to very important questions
connected with the right of the Union
Pacific railroad to land claimed by it
under its grant. The perception of
these difficulties, says the secretary, is
not of recent origin. During the last
administration lists involving thou
sands of acres of these lands were ap-
piled for by the railroad company,
were duly considered and signed by tho
proper clerks in the land office. APP
proved by the commissioner and or
dered to patent by the secretary. In
deed, Il patent for part of these lands
was duly executed on April %. 1887.
by President Cleveland for 3Sl, S99
acres, but was suspended before re-
cording. In cases where patents were
not executed the lists were suspended
and have so remained until the time of
the present decision. 1t thus appears
that not only was it deemed by the
previous administration that the
Union Pacific railroad company had
earned titles to its lands in Kansas
and Nebraska, but the right thereto
had been acknowledged by the COM
missioner of the general land Office and
the secretary of the interior. This
action was acquiesccd in by the then
President Cleveland. But at this June
ture Il letter was received at the in
terror department from the Pacific rail-
road commission, organized under the
act of March, 1887, making inquiries as
to the issue of these patents pending
the examination into the Indebtedness
of the railroad company to the United
States, and the president, in transmit
ting the report of the commission, said:
1.-The executive power must be cXer-
cised according to existing laws and
the executive discretion is not prOba-
bly, broad enough to reach such a diff
Guilty, yet the Fiftieth congress-, to
whom this message was directed, ad-
journed without enacting any further
legislation. The subject has now re-
ceived sufficient notice and the con-
clusiOn has been reached that the in
debtedness of the railroad company
to the United States does not
authorize this department to with
hold lands granted to the company and
for which lists have been filed. No
reason is deemed to exist why the sec
rotary should not proceed to deliver to
the Union Pacific company lands which
have been earned, and it is his inten-
ton to certify these lists, commencing
at the eastern portion of the unpatented
lands IN Kansas and Nebraska where
the lands are agricultural and have
been sold and are in use by actual set
tiers. The patents executed already
by the previous executive will be re-
corded. Patents will be issued on the
lists approved by the former secretary
and lists not yet approved will be ex-
amined in due order. This conclusion,
| will add, is in accordance with the
recommendation Of the commissioner
of the general land Office and also with
the opinion of the assistant attorney
general assigned to this department."
WnrIG.S Fair Con,n,iSs;nn