Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-03-06
1t Has for Its Object the Settlement
Of Land Titles in Northeast
ern Dakota.
A Supreme Court Decision Gives Ger
tain Government Lands to the
Great Northern
Grand Forks, Fargo and Other
Places Built Partly on
These Lands.


WASHINGTON, Mar 2.-The resolution
introduced by Senator Casey and
adopted by the senate Saturday, having
foS its object the permanent settlement
of the titles of the settlers in the north
eastern part of North Dakota, is of
great Importance. The st. Vincent ex-
tension of the St. Paul, Minneapolis &
Manitoba railway, by the terms of it's
grant, laid claim to the lands on both
sides of its constructed road between
st. Cloud and st. Vincent. This extern
sion, however, runs north from Fergus
Falls, often at distance of less than ten
miles allowed by the grant, from the
Red River of the North, the boundary
line betv cen Minnesota and North
Dakota. Nevertheless, the company
claimed the right to the full ten miles,
Notwithstanding the fact that it would
include large tracts Of land across the
river and within North Dakota. This
claim Was disallowed by the interior
department on the ground that, as the
railroad was built wholly within the
limits of Minnesota, it could not
properly claim lands lying wlthlng
a neighboring state. The
supreme court, however, subsequently,
in the case of this company against Phil
lips, wholly disregarded the boundary
limits Of the state and thus recognized
the right IN the company to such lands
within North Dakota as lie within the
extended limits, free from claim, at the
date of the definite location of the road
December 19, 1871. The ruling in that
case will govern in the present case. No
grant, up to the time OF the Phillips de-
cision, has been recognized in North Da-
kota, 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 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 in
volved would include thriving
towns and villages, and that the
company was not in laches
in not bringing suit earlier. Application
had been made by the railroad to secure
adjustment limits of it's grant within
North Dakota, and until such adjust
ment has been made no reliable estimate
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 government and the
company must assert it's claim through
courts. The senate resolution adopted
Saturday directs the secretary of ths
interior to negotiate with the railroad
company with view of securing its con-
sent to make selections of other public
lands in lieu of these lands in North Da-
kota. The decision rendered to-day by
the supreme court in the mat
ter of overlapping the granted
lands between this company and
Northern Pacific company, it is said, has
practically rendered it impossible to
satisfy the grant to the Manitoba COM
pany within it's limits. If negotiation
and settlement is possible, therefore it
will likely be in line of the senate reso-
luton, namely by agreement with the
company by which it would take lands
outside it's limits. It has been suggested
that the company might accept a settle.
ment on cash basis. Persons conversant
with cases of similar character, express
an opinion that the government will
hardly permit persons holding it's patent
to their homes to be enjoined after
twenty years. residence until all meas
ures for their relief have failed. .
----- !
Moody Declined Judgeship.
WASHINGTON, Mar. "a United
States circuit court judgeship has been
rendered to Senator Moody, and he de,
clined it. Senator Pettigrew saw Presi-
dent Harrison about the matter, and
the latter agreed to appoint Moody il
l. ha would accanf pafti0raw conanltnd