Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1890-09-26
AFTER MANY YEARS.
An Interesting Land Decision.
Reported for the STANDARD.

his homestead entry for conflict with
the grant of lands to the Northern Pa
cific Railroad Company, his cancelled
entry was re-instated and the right to
the tract Of land in question awarded
to him.
BY the joint resolution of Congress
Of May 31st, 1870, a grant of lands
designated by odd numbered sections
was made to the Northern Pacific
Railroad Company for its line of road
from Portland to the Puget Sound,
and August 18th, of the same year, Il
map OF general route was filed by the
and the lands along said
route, to the extent OF the grant, were
from settlement and entry,
and notice of such withdrawal was re-
ceived at the local land Office from the
Land Office October 10Th Of
that year. The granted limits as fixed
by the map OF definite location Of the
roads, filed September 10Th, 1873,
corresponded 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 question, which is portion of
an odd numbered section.
August 9th, 1870, fourteen days
after the withdrawal OF the lands em-
braced by the railroad grant, the
made an entry of the
tract in question. Three years later,
i'll 1875, but just before the definite
location of the road, he was notified
by the land Office that if the definite
location of the road showed the land
to be within the granted limits, his
entry would be cancelled. Subse-
quently, in 1874, Congress passed an
ac providing 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
department, the right Of the railroad
company became attached, the COM
pany, upon REIMBURSEMENT of such
tract, shall be allowed to select other
land in lieu thereof. The homesteader
was then notified that by showing pos.
session of the land after the right OF the
company had attached and furnishing
the REIMBURSEMENT of the company
his entry would be sustained. He
made no compliance with this Motif
cation and requirement, and accord
ingly in August, 1875, his entry was
cancelled. In December, 1884, the
Company included the tract in ques-
ton in list which was presented to
the land department for certification,
rs passing to the company under the
grant.
Four years later, the land not yet
having been certified to the company,
the homesteader applied to have his
homes cad re-:nstated. His applica-
ton showed that in September. 1870, q
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. and from that
time forward lived there with his
family. The application was based
on the provisions of an act of Congress
passed in 1876, six years subsequent
to the occurrence OF the facts which
gave rise to the claim of the company
and the claim Of the homesteader and
the conflict OF claim between them,
and one year after the claim of the
had been adjudged in
valid and cancelled.
This act provides that entries of
public lands made in good faith by
actual settlers in compliance with any
law of the United States on tracts of
not more than l6O 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 stu
ated, or after the restoration OF such
lands to market by order OF the Gen
eral Land Office, and where proper
proofs of compliance with the settle
ment laws have been made by the
parties holding such tracts, the en-
.ries snail be confirmed and patents
shall be issued to the parties entitled
The railroad company objected to
the homesteader's application for re-
in this case, OH the ground
that the homesteader having failed to
show his possession of the land and
furnish the REIMBURSEMENT of the
as the land department had
required of him, and having thereby
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
of the act of 1876. 1t was
however 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, so far as the rights OF the
entryman are affected, excepted from
the operation of the withdrawal, with
the same effect as if the settlement
and entry had been made prior to the
date nf the withdrawal.
On the further question as to the
effect of the act of 1876 in which the
homestead entry had been declared in
valid and was cancelled nearly year