The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1893-06-02
HoKE SMITHS ACTION.
Says that Settlers May File on Some
Improved Land.


The following letter was received by
the land Office at The Dalles yesterday:
DEPARTMENT OF THE INTERIOR,
Washington, D. c., May 13, 1885
To the Commissioner of the General Land ONCE:
SIR:-By letter of March 9, 1892,
Messrs. Copp & Luckett, attorneys for
certain settlers upon lands within the
conflicting limits of the grant made by
the act of July 2, 1864 (l3 Stats. 365) for
and that made by the act of February
27, 1867, IA Stats. 409) for The Dalles
Military Wagon Road, requested that
their clients be permitted: to make en-
try of the lands settled upon, under de-
partmental decision of February II,
1892, GA L. D., 1877.
This conflict occurs opposite the un-
constructed portions of the Northern
Pacific railroad, extending from Wal
lula, WASH, to Portland, Or, the grant
appertaining to which was declared for
feited and the lands restored to the
public domain by the act of congress ap-
proved September 20, 1890, (S6 Stats.
1860.
The material facts covering the rights
of The Dalles company in the premises
are similar to those in the case of the
conflict between the Northern Pacific
and the Oregon and California Railroad
Company, considered in the opinion of
February II, 1892, tsupra) wherein it
was held (syllabus):
''The grant of the odd-num bered Sec
tions within the overlapping primary
limits of the Northern Pacific and Cali
fornia roads, east of Portland, Or, was
for the benefit of the former company,
under the act of July 2, 1864, and the
forfeiture thereof by the act of Septem-
Der 29, 1890, is to the extent of the with
drawal made under the sixth section of
the act 1854; and under said act of for
feiture, no rights of the Oregon and
California road are recognized within
the said conflicting limits.''
In that case certain of the lands had
been patented to the Oregon and Calfor-
mia company and suit has been recon-
mended to recover the title enormously
conveyed, in accordance with the provi-
sions of the act of March 8, 1887. (24
Stats. 556).
In the present case, none of the lands
have been patented, and so far as / am
advised, there has been no request on
the part of the Wagon Road Company
tor a suspension in the matter of res
toration of the lands.
In your letter of March %, 1892, you
report that g the attorneys for the Ore
gon and California ask that the order for
the restoration be suspended, pending
the determination of the question in
volved in the courts, and the suspension
was directed Feb. 9th, and approved by
you on March 10, 1892. Precisely the
same questions are involved in The
Dalles Military Road grant, which is
overlapped by the Northern Pacific. It
was therefore concluded, in-the absence
of any direction by you to the contrary,
to suspend the disposal of the lands
within the overlapping limits of the
grant last named, although no obiec-
ton to the restoration has been made by
the Military Road Company. No order
of suspension has, however, yet been is
sued"
The question arises, should such sus-
pension be authorized2 Having deter
mined that the land was included in the
forfeiture declared by the act of Septem-
Der 20, 1890, (supra), 1 am of the opin-
lou that, as declared by the act, they
are a part of the public domain and that