St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-03-03
NORTH DAKOTALANDS
Importance Of the Resolution
introduced by Senator
Casey.
The Government Will Not
Permit Old Settlers to
Be Enjoined.
The United States Senate
Passes the Postal Sub
sidy Bill.
The House Votes a Pension
Of $1,000 to the Widow Of
Admiral Porter.

WASHINGTON, March 2.-The resolu-
ton introduced by Senator Casey and
adopted by the senate last Saturday,
having for its object the permanent set
tlement of the titles of settlers in the
northeastern part of North Dakota,is of
great importance. The st. Vincent eX-
tension of the st. Paul, Minneapolis &
Manitoba Railway company, by the
terms of its grant, laid claim to the
lands on both sides of its constructed
road between st. Cloud and st. Vincent.
This extension, however, runs north
from Fergus Falls often at distance of
less than the ten miles allowed by the
grant, from the Red River of the North,
the boundary line between Minnesota
and North Dakota. Nevertheless, the
company claimed the right to the full
ten miles. notwithstanding the fact that
that would include large tracts of land
across the river and within the state Of
North Dakota. This claim was, disal-
lowed by the interior department on the
ground that as the railroad was built
wholly within the limits of the state of
Minnesota it could not properly claim
lands lying within neighboring state.
The supreme court, however, subSe-
QuentlY in the case of this company
against Phillips wholly disregarded
The Boundary Limits
of the state and thus recognized right
in the company to such lands within the
state of North Dakota as lie within the
extended limits, free from claim, at the
date of the definite location of the road,
Dec. 19, 1871. The ruling in that case
will govern in the present case. No
grant, up to the time of the Phillips :de-
ciSiOE, having been recognized in North
Dakota, the government has disposed of
and patented large tracts of these lands,
which, under this decision, must be
held to have Injured to the company.
These lands, it is said. include
parts of Fargo and Grand Forks and
other important towns and settlements.
The court in the decision referred to
further held that it was no defense to
the action that the lands involved would
include thriving towns and villages, and
that the company was not iii laches in
not bringing suit earlier. Application
has been made by the railroad company
to secure an adjustment of the limits of
its grant within North Dakota and until
such adjustment has been made, no re-
liable estimate of the amount or land
involved can be made. In cases where
patents have been issued, the matter Is
now beyond the
Jurisdiction of the Governments.
and the company must assert its claim
through the courts. The senate resolu-
ton adopted Saturday last directs the
secretary of the interior to negotiate
with the railway company with a view
to securing its consent to make selec-
tions of other public lands in lieu of
| these lands in North Dakota. The de-
cision rendered to-day by the supreme
! court in the matter of the overlapping
| granted lands between this company
and the Northern Pacific company, it is
said. has practically rendered 1t impos-
sible to wholly satisfy the grant to the
Manitoba company within its limits.
| If negotiation and settlement is possi-
| BILE. therefore, 1t will likely be in
| the line of the senate resolution,
| namely. by an agreement with the com
pany by which it would take lands out
| side its limits. 1t has been suggested
| that the company might accept a settle
ment on cash basis. Persons converS-
| ant with cases of a somewhat similar
| character express the opinion that the
| government will hardly permit persons
| holding its patent to their homes to be
enioined after twenty years residence
until all measures for their relief have
! failed.