The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1892-07-30
An Important Decision

Below Will be found the full text OF
the commissioners decision in the case
of Daniel Erickson vs.. The Michigan
Land s. Iron Co., which was alluded to
in last weeks SENTINEL, 1t will be
noticed that the commissioner reverses
the decision of the local Office and,
following the law as laid down by the
secretary in recent case, holds the
land open to settlement and entry by
virtue of tbs forfeiture act without the
interposition of the courts. 1t will
alsc be observed that this appears to
be taken up as fest case and other
cases in the same status will be held in
allegiance until final decision herein.
In other words if the company fails to
to appeal within the sixty days the
decision becomes final and entries may
be allowed at once. 1t an appeal
is taken no entries will be
allowed until final decision by the
secretary. Claimants to these lands
will have to possess their souls in
patience until the secretary passes on
this case, and the best thing they can
do now is to push this case to the front
with all possible expedition. In con-
versation with Register Royce. the
other day, he informed us that large
share of the work of the local office
arises from correspondence concerning
these decisions, much of which is
entirely useless as all the information
they can give is usually published in
the local papers. The following is the
text of the decision:
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
WASHINGTON, ID. g., July IL, 1892.
Reg'r and Rec'r, Marquette. Mich.
Sirs Under date of Dec. %, 1889,
you transmitted, OH appeal, the ap-
plication of Daniel Erickson, to enter,
under the homestead laws the WI W.T.,
sec. II, tip. so IL 81 W., Mich.
Erickson's application to enter said
tract was rejected by you for the reason
that the land applied for was approved
to the state of Michigan July 81, 1860,
for the Marquette & Ontonagon now
Marquette. Houghton &c Ontonagon)
Railroad company under act of June 8,
1856.
Said tract is within the original (but
now forfeited) six mile limits of the
grant by act of June 3, 1856 (l1 Stat,
2D, and was ordered withdrawn tor its
benefit May 30, 1856, in anticipation of
the grant to the state. The map of
definite location of the road was filed
January II, 1869.
The records of this office show the
land to have been approved to the
state, rs set forth in your rejection of
Erickson's application.
The act of March 2, 1889, (25 stats,
1008), forfeited the grant to said COM
pany opposite the uncompleted portion
of its road, and as the tract in question
is beyond the completed part of the
road. it must be held under the depart
mental decision in the case Of New
Orleans Pacific Ry. Co., "a l.. d. 321),
that, upon the passage forfeiting act,
the land in question was restored to the
public domain, and became subject to
entry Notwithstanding the previous APP
proval Of the same to the state. 1t is
so held, and your decision rejecting
said application for the reasons stated
is reversed, subject to appeal within
sixty days by the railroad company or
its grantee, the Michigan Land & Iron
company, CLimited), which latter COM
pany has fled evidence of the purchase
of the land by it from the railroad
company.
You will notify the proper officers
of the railroad company thereof. The
attorneys for Erickson will be advised
by this Office.
There are pending in this office a
number of cases involving the same
question as that presented in this case,
and action on the remaining cases will
be dependent upon final decision here.
in.
Very respectfully,
w. M. STONE,
Acting Commissioner.
Lumber Kings Sued.
A emit was fiIlad in the limited States