The morning call., 1892-10-11
Important Decision by The General
Land Office.
RIGHTS TO INDEMNITY LANDS LOST.
COntesting Settlers Will New Get Their Just
Dues-A Large Amount Of s. P. Railroad
Lands Forfeited.
Special TO THE MORNING CALL.

WASHINGTON, Oct 10.-A very important
ruling was made by the General Land Office
to-day, which will be bad news for the
Southern Pacific Railway Company. but
good news for the settlers in California who
have land contests with the railway COM
pany. Through either the negligence or in
competency of the Southern Pacifc's Wash
ington land attorneys thousands of acres
Of land in California. as Indemnity selec-
tions by the Southern Pacific Railroad. will
be forfeited by the latter by reason of de-
fectiye filings, and its entries will be can
celed unless the railroad can succeed in
strengthening out its land affairs. which are
said by the General Land Office officials to
be in very bad fix, and have been so for
so me time past
Forty thousand acres of the railroad COM
pany's indemnity lands in California were
Cancelled to-day, $500 being in the Visalia
district and 80, 600 in the Independence dis
trict, and more will be soon it is expected.
When the railroad company was granted
the odd sections along its route, it was
found that many settlers had located upon
these tracts and bad acquired titles from the
Government. The railroad was then given
the privilege of selecting lands in lieu
thereof. The indemnity lands in question
were the ones selected.
Many settlers have contested the latter
entries with the railroad company. so that
If the indemnity filings of the railroad are
Cancelled the settlers who have contests
viii be the gamers thereby.
The General Land Office to-day sent the
following letter TO Henry Beard, Washing
ton land attorney for the California and
Oregon Railway Company:
SIR: On May 26 last this office advised
you, as the attorney for said railroad COM
pany, that before any further indemnity
selections can be approved to the said com
pany. it will be necessary that the losses
for all indemnity lands which have been
heretofore certified or patented under grant
TO said company be designated as TO the
tract for the tract set opposite each tract
certified or patented"
This was in compliance with the depart
ment circular of August 4. 1885, 1t has re-
peatedly been held by the department that
the indemnity land can only he selected in
lieu of some section or part of section lost
in place, and the basis for such selection
must be specifically designated and shown
70 be exempt from the grant before the
right to Indemnity can be exercised. While,
as OeIween the government ana the c0nl-
pany, tie practical effect would be the same
where the indemnity was allowed iIhbnlk
for an equivalent quantity of land lost Ia
place, as where the indemnity was allowed
tract for tract. YET the Individual rights of
the settlers can only be ascertained and
Hence. the right OF tile settlers In the
Cases where the lands were subject to set
tement stthe date OF he company's selection
would be materially affected by aay fale
that did not require selections 20 be made
tract for tract, on the basis specifically
designated. so tnat his rights as against
the eompany's might be definitely deger-
mined.
'Io reply to your verbal request to be In
formed as 70 what lists, II any, OF your
iFaffsa
or invalid under the department require
ments, have TO advise you that basty ex-
animation of those now pending shows
that all, with tvs or three exceptions. are
defective for want OF proper specification
of the losses, while some are absolutely III
valid for want of any specification what
ever.
THE amount embraced in these lists
aggregates 100000 acres, while something
Ike $4,000 acres are now pending on APP
peal by the company from the rejection OF
the local officers. which are in the same
condition. Hence. before these lists can be
fayOfably acted upon 1t will be neces-
ssTy for the company TO make them con-
form to the departmental requirements as
heretofore stated. Should, however, the
company neglect or refuse to comply with
said demand and fail or refuse to make its
lists of selections conform to the require
ments of the rules of the department, such
OF them as are defective when reached in
the order of business will be held for can
collation., and such as are Invalid viii be
cancelled WILLIAM NJ. STONE,
Commissioned General Land Office"
A similar letter was sent TO Beard, as
attorney for the Southern Pacific and Ore
gon and California railway companies In
the case of the two last-named roads
100000 acres of the land filings are defec-
tive or invalid and will be Cancelled unless
the companies can and will make them con-
form to the requirements as above set forth.