The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1893-05-25
ANOTHER GUESS.
Secretary Smith Will Shortly
Render a Decision in the
Mile Laos Case.
The Claims Of the Northern Pa
cific and the Settlers to be
Passed Upon.
Major Baldwin Promises to Do
What He Can for the Bona
@@ Eide Settlers.


What He Can for the Bona
Eide Settlers.
WASHINGTON, Special, May 90
There is now pending in the interior
department. a case which will probably
be decided before long relating to the
claim of the Northern Pacific railroad
for lands within the Mile Laos reser-
walton. The department. has already
held that the railroad companies who
claimed indemnity lands within this
reservation will not be allowed to Sc
lect them and the companies have al
ready acquiesced in this decision and
have selected lands elsewhere. If the
present secretary follows the decision
OF the former in this case he will hold
that the Northern Pacific is entitled to
it's lands on the ground that the lands
became public in 1863 and the. grant was
made in 1864 and the company was en-
titled to them. But if, as is more
likely, the secretary, in this particular
case, will decide different from his
predecessor and hold that the Mile
Laos is yet reservation and was at
the time of the Northern Pacific grant,
then the Northern Pacific will be de-
prived of its lands. When the former
secretary made the decision declaring
that the Mile Laos reservation, So
called, had not been a reservation
since 1868, nearly all the law clerks
disagreed with him and the secretary
over-ruled them and made the decision.
These same law clerks, passing upon a
similar case, will probably now hold to
their former opinions and Secretary
Smith will probably accept them. r.
It is said by well-informed people in
the department. that the first decision
OF the secretary that this land, was not
a reservation since 1868, was in order
to get around an old case in the de-
partment wherein several hundred
persons had filed soldiers additional
claims for lands within the reserva-
ton, and the department had allowed
| the claims to go on record. After that
! opinion had been rendered large
number of persons filed presumption
claims on this same reservation for
/ lands that had not been heretofore
taken, and their claims were allowed.
Then the railroad companies also
called up the fact that they had long
ago filed claims for indemnity lands
The secretary then made another de-
cision to the effect that these lands
4 could not be claimed by the railroads
and could only be disposed Of under the
act OF 1889, which was by appraisal and
sale. This, of course, blocked out the
settlers who had filed more recently,
and they were in a fair way to lose
their lands. It was at this time that
| Senator Washburn introduced in the
senate joint resolution providing that
settlers who had gone upon these lands
1 in good faith should be allowed to
prove their claims undisturbed. For
1
tive Castle refused to put this resolu-
tion through the house, and it then
became necessary for other Minnesota
men to have the secretary hold up
further action and allow the matter to
stand until further legislation might
1 be had, and that is the way the case
rests now. Representative Baldwin
says that he will have a resolution
j passed early in the session for the re-
lief of these settlers. The pending
railroad decision, however, is one of
some interest, especially if the secre-
tary should reverse the opinion of
Secretary Noble. Even if he does, it
8 will not affect the opinions already
rendered by the former secretary, for
q there is a rule Of the department that
one secretary cannot undo what his
], predecessor has done, and where vested
) rights would be disturbed, as would be
J in this case if all the rulings Of Secre.
] tary Noble in the. Mile Laos cases
/ should be overturned by Secretary
!. Smith.
. The Anoka papers give a detailed
account of the death Of Benz r
3 Mccain, and it appears thatthe report
& that he committed suicide was I'M
founded. He had been in the habit o.
a carving acOnite in his DOcket an6
would use it for every ailment. Or
the day of his death he had taken al
\ overdose and before medical assistance
!. reached him he was past relief.