The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-02-02
FORFEITED RAILROAD LAND.
Instructions From the Commissioner OF
the Land ONCE.


limit, to where it crosses the land of the
Northern Pacific grant. This land lies
in the belt of country bounded by the
base line, the Oregon & California track,
to point near Silverton, and thence
east to the end of the limit. Most of the
land in this section is now settled upon,
but many pieces of it are valuable and
are unoccupied, settlers thinking it be-
longed to the railroad companies. The
diagram referred to in the commissioners
letter can be seen by parties interested
upon application at the land Office at
Oregon City:
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
| WAsHINeroN, D. c., Jan. 10, 1s9.
Register and Receiver, Oregon City,
Oregon-Sirs: By an act of congress APP
proved September 20, 1890, the grant by
act of July 2, 1864, for that portion of
the main line of the Northern Pacific
railroad lying between Wallula, Wash
ington and Portland, Oregon, was de-
clared forfeited, the same having been
unconstructed at that date, and the
lands within the limits of the withdrawal
therefor, which took effect August 8,
1870, were, under the terms of the act,
resumed and restored to the public
domain, with the following exceptions,
viz: The lands lying within the limits
of the company's grant by resolution of
May 81, 1870, the road under which has
been constructed, and the rights of way
and riparian rights in the lands described
in section of the act, as having been
attempted to be conveyed to the city of
Portland by the Northern Pacific Rail
road Company and the Central Trust
Company, of New York, by deed of con-
veyance dated August s, 1886, said rights
having been confirmed to the city by
said section 5.
On the enclosed diagram the area in
cluded within the yellow lines, or limits,
between Portland and the eastern
boundary of your district, is the forfeited
portion of the grant within your jurisdic-
lion. The brown limit shown thereon
is the limit of that portion of the grant
by resolution of May 81, 1870, aforesaid,
the road under which has been con-
structed, and no lands lying within said
limit are affected by the forfeiture.
A portion of the limit established un-
der the grant to the Oregon & California
railroad company by act of July 25, 1866,
falls within the forfeited area, but this
department has always held that, as the
Northern Pacific was the prior grant,
the lands embraced within the legisla-
tive withdrawal hereunder were ex-
I
fornia company. 1t has been urged that,
as the Northern Pacific road never def
nitely located opposite these lands, they
could not be treated as granted lands :;
but the secretary of the interior, on De-
cember 4, 1890, decided that there was
grant through that portion of the line
The restoration will not, therefore, be
affected by the Oregon & California
grant.
also enclose, for your information
and guidance, copies of the instructions
under the forfeiture act, which were
prepared with the approval of the secre-
tary of the interior, and have to call
your attention particularly to that por-
ton thereof relating to the second sec
ton, and defining who are entitled to a
second homestead entry under its pro-
visions.
In order to carry the restoration into
effect, you will, at once, cause to be pub
llshed, in some newspaper of general
circulation in your district, notice that
the sections of land designated by odd
numbers, lying within the forfeited linn
its laid down on the diagram aforesaid,
have been restored to the public domain,
and will be opened to entry upon day
fixed by you, not less than thirty days
from the date of the notice, and that all
persons who were actuel settlers in good
faith upon any of the restored lands on
September 20, 1890, the date of the ap-
proval of the forfeiture act, and who are
otherwise qualified, will have a prefer
ence rights of entryfunder the homestead
law, to be exercised within six months
after such approval.
There are pending in this office, on
| appeal from your action rejectine them
for the reason that the lands were not, at
the time they were presented, subject to
disposal, few applications for portions
of the forfeited and restored lands.
That the complications arising from
the former practice of this Office in sus-
pending such applications may be ad-
Justed, and that the provisions OF the
forfeiture act in relation to actual set
tiers may be executed, without delay, l
have, with the approval of the honor
| able secretary of the interior, to direct
that in the notice of restoration under
! the forfeiture, there be inserted notice
to prior applicants for such lands that
their applications confer upon them no
right, and that, upon the date set by
you and stated in the notice, all the
lands included in the forfeiture will be
open to entry under the provisions of the
forfeiture act, without regard to such ap-
plications, which shall be held to be
rejected by said notice.
To the end, however, that all such
applicants may have opportunity to pre-
sent new applications under the for
feiture act, upon the restoration of the
lands to entry, you viii at once notify
all parties shown by your records to
have pending application for such lands
of the rejection thereof and of the
restoration.
1t is presumed your records will show
all such applications, but in the event
they do not, you will SO advise this office
that list may be prepared for yonr in
formation.
You will promptly forward copy of
the newspaper containing the notice of
restoration for the information of this