Oakes weekly Republican. (Oakes, Dickey County, D.T. [i.e. N.D.]) 1883-1898, 1891-03-06
TITLES INVOLVED.
The Cases Of Settlers on Railroad
Lands In North Dakota.

The Cases Of Settlers on Railroad
Lands in North Dakota.
The resolution introduced by sena-
tor Casey and adopted by the senate
on the 2sth ult., having for it's object
the permanent settlement of the titles
of settlers in the northwestern part of
Dakota, is of great Importance. The
St. Vincent extension 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 ana St. Vincent. This exten.
sion, however, runs north from Fergus
Falls, often at a distance of less than
10 miles allowed by the grant, from
the Red river OF the North, the bound
ary line between Minnesota and North
Dakota. Nevertheless, the company
claimed the right to the full 10 miles,
Notwithstanding the fact that that
would include large tracts o. land
across the river and within the
state of North Dakota. This claim
was Gisallowed by the interior depart
ulCuU O1A Vuo 6LOul1O tudc, et5 Uuo IdA-
road was built wholly within the linn
Its OF the state OF Minnesota, it could
not properly claim lands lying within
a nelghboring state. The supreme
court, however, subsequently in the
case OF this company against Phillips,
wholly disregarded the boundary linn
it's of the state, and thus recognized g.
right in the company to such lands
within the state OF North Dakota as
lie within the extended limits free of
claim, at the date of the definite loca-
tion of tine road, Dec. 10, 1871. The
ruling on that case will govern in the
present case. No grant, up to the
time of the Phillips decision, having
been recognized in North Dakota, the
government has disposed. of and
patented large tracts OF these lands,
which, under the decision, must be
held to have enured to the company.
These lands, it is said, include parts
OF Fargo and Grand Forks, and 9TH
er important towns and settlements.
The court, in the decision referred to,
further held that it was no defence to
the action that the lands involved
would include thriving towns and viii
lagos, and that the company was not
in laches in not bringing suit earlier.
Application has been made by the
railroad company to secure an ADJUST
ment OF the limits of it's grant within
North Dakota, and until such adjust
ment has been made no reliable esti-
mate of the amount of land involved
can be made. In cases where patents
have been issued, the matter is now
beyond the jurisdiction of the govern
ment and the company must assert
it's claim through the courts. The
senate resolution directs the secretary
of the interior to negotiate with the
railroad company with q view to se-
curing it's consent to make selections
of other public lands in lieu of these
lands in North Dakota.
The decision rendered by the su-
preme court in the matter of the over
tapping granted lands between this
company and the Northern Pacific
company, it is said, has practically
rendered it impossible to wholly satis-
fy the grant OF the Manito ba company
within it's limits. If negotiation and
settlement is possible it is likely to be
in the line OF the senate resolution,
namely, by an agreement with the
company by which it would take land
outside it's limits. 1t has been sug-
gested that the company might accept
a settlement on q cash basis. Per-
SONS conversant with cases of some
what similar character, express the
opinion that the government will hard
ly permit persons holding it's patent