The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1892-06-04
The NJ. Al. Cases.

follows concerning the Michigan Land
& Iron Co.'S cases, under date OF ia,
both:
Washington. May so. Tho officials
OF the United States land Office Fay
that there are prospects ahead for ihe
early adjustment of ono OF the in.
Vulnerable snarls which have long tied
mp vast tracts Of valuable land in the
upper peninsula of Michigan. Most oil
these snarls have been slowly uhrayel.
ing, through the tedious processes Of
the land Office. during the last five
years. The one which remains 10 be
icitled is that affecting about 1900
acres of very valuable mining and tim
Der land ia the neighborhood OF
LAnse. There are men in Detroit,
and Others scattered throughout the
state OF Michigan, who are waiting anx-
iously for the result OF this fight over
the L'Anse Ian Is, MS il will determine
either that they are to DO turned over
to the many settlers who have located
upon them, or else are TO be continued
rs the property of the Michigan Land
& Iron Co.
The chances are now strongly in
favor OF the settlers, aud prospects are
that within few weeks the Land &
Iron Co. will be outsted from their
possessions and the settlers confirmed
in their right. This prospect is the re-
suit OF recent decisions of Secretary
Noble concerning lands in Louisiana,
similarly situated TO those in Michigan.
The Michigan case has hung fire for
was regarded ~ test case, which,
when decided, world be precedent
for settling the Michigan case. The
Louisiana case was decided by
Secretary Noble about)si weeks ago,
and was victory for he settlers as
against tho corporation. 1t was sup
posed that the decision OF the Mich.
gan case would follow Immediately,
but the lawyers for he Michigan, Land
q Iron Co. have been clever enough
to interpose objections on the ground
that there were differences between the
Louisiana and the Michigan cases.
These differences are of n very minor
yet they serve to postpone
the final settlement of the Michigan
case. 1t is only question Of time,
when the settlers must win,
now that the Louisiana precedent has
been established.
The hitch over the L'Anse lands has
been somewhat peculiar. In 1856 the
national government gave to many of
the states, including Michigan, large
quantities of land for the aid Of rail
roads. The intent was that the land
should go to the railroads it they were
actually built. and should he forfeited
TO the public domain If they were not
built. The lands which went to Mich
igan covered pretty much all there is
in the upper peninsula, and took in
great tracts OF the copper and silver
regions. The state Of Michigan having
thus secured the lands from the federal
government, in turn granted them to
upper peninsula railroads as an all to
building roads. The Marquette,
Houghton & Ontonagon got The bulk
of the land, and started 10 build road.
AS is well known the road was never
built north or west of I'Anse. although
the Duluth, Shouth Shore q Atlantic
has since completed the work which
the NJ, III. q O. abandoned.
IL is quite natural that the federal
government should finally conclude
that as the NJ. II. ~ 0. road had not
its road north or west OF
it ought not to enjoy the
ownership of the vast tracts Of
mineral lands beyond that
point, which had been granted to it on
the presumption that it would carry
its line. Congress therefore
passed forfeiture act in 1889. apply
ing expressly to Michigan lands. BY
its terms all the upper peninsula lands
which were granted to railroads in aid
Of construction, but which had not
been actually earned by the building
Of the roads, were forfeited to the
public domain. The act was very
sweeping. In effect it covered all tho
'ailroad lands west of L'Anse, and
many tracts in other localities where
he roads hal stopped short of compile
ion. The governor of Michigan carried
,ut the requirements Of the act by
conveying to the federal government
he greater portion of this upper
peninsula land, and it has since been
opened to settlement. But there was
me tract which had become so peculiarly
involved that tho governor could not
convey it back, the title was in other
iands. This was the $1,000 acres near
l'Anse, which is about TO be passed
Upon by the land Office.
The $4,000 acres near L'Ansa had
,assed out of the hands Of the nj. II.
= o. road and had been sold 10 the
Michigan Land and Iron Co. When
he government attempted to forfeit
bese lands it found it wa, no longer
lealing with a land-grant railroad, but
With q corporation which claimed to
lold bona tide title. The La id 81
ron Co. claimed that it's title was
ecured in cool faith, and that the
United States could not pass sweep
ng act interrupting the title, without
lue process of law. In other
words the company insisted that the
United States ought TO go to the courts
md institute regular proceedings in
jectment. 1t admitted that the federal
might have ousted the
original land grant railroad, but it
lenied that this custer could be
as against an innocent
purchaser.
In the meantime, while the Land 81