Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1891-12-10

claimed by the road. Notices are being
served on settlors and owners Of the land
that the possession and occupancy of the
farms Is unlawful, and that they must
vacate by December 18th of this year.
All the lands where the notices have
been served, have been patented by the
government, and of course the settlers
do not intend to vacate without fight
for their rights. The government is
bound to protect them and measure
will be introduced in congress by Sena-
tor Casey and Congressman johnson
that will secure to the railway company
the equivalent of any interest they may
have in the lands claimed, and at the
same time protect the settlers in the pos
session OF their farms. Such legal inter-
est or claim, however, is denied by attor-
neys who have investigated the case.
The matter Is put IN clear light by
Congressman johnson who says:
1T seems the claim is based upon the
old land grant Of 1857, when Dakota was
Il part Of the territory of Minnesota,
which granted every alternate section of
land to aid IN the construction Of the
railroad. When Minnesota was admitted
into the Union In 1858, and the boundary
between Minnesota and Dakota was es-
tablished, the country along the Red
river was still an unknown wilderness and
renamed 80 for many years. Up to Dec.
%, 1890, it was taken for granted as a
<>e l,o1 Il NJ
OF the United States government, 10y the
also by the railroad company, that the
Red river. On that date, however. there
was in the supreme court of the United
States decision by Justice l.. Q. Q. La
Minneapolis Il Manitoba Railway COM
occurred dictum, not really necessary
which if carried out to its logical con-
clusiop, could have no other effect than
to establish and confirm the title Of the
railway company to about 10000 acres of
land along the east bank OF tie Red
river, now worth from s2Oto $50 per acre.
That decision came like clap of thunder
| prise to the railway company as it was to
had resided on the land for 20 years, and
all of whom held patents under tho great
seal and signed by the successive presl-
dents of the United States from Grant to
Harrison. Under q resolution OF the sen.
ale passed last session, authorizing the
same, the secretary of the interior has
been corresponding with :he railway
company with view to having the said
lands relinquished to the settlers and au
thorlzing the railway company to select
in lien thereof other public lands."
Going npon the assumption that tht
case has been finally determined IN favol
of the company's clam, the plan Will bt
to get the road to accept 10000 acres o.
other land, or possibly It's equivalent
The eviction of settlers at this time il
believed to be part Of the plan OF tht
company to force congress to take
prompt action in granting them othe'
lands, as it is grave matter OF doubt
whether the claim would ever stand
against the settlers, and IN the end the
whole advantage of the sourt's decision
might be lost by another decision more
clearly in point. The tenor of the pub
lie mind is rapidly becoming manifest ir
the belief that the railroads of the coun
try have had about all the public lands
they are entitled to, and the present con
gress may take that view Of the matter
at this time.