Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1893-06-16
IN FAVOR OF TRE SETTLER.

IN FAVOR OF TIE SETTLER.
Important Decision From Hoks Smith,
Secretary of the Interior, Affecting Set
there on the Military Grant.
The Moro Observer has given publicity |
to q piece of news from Washington
which has not appeared in other papers. |
1t is important and Of a gratifying nature
to settlers, rs it demonstrates that the |
10 not under the Iron |
rule" of corporation u torneys, as alleged !
by "party organs" The Observer says
Last Wednesday ]. w. Messenger, of
Moro, received letter from Messrs.
Copp & Luckett, land attorneys at Wash
ington, d. G, relative to attempted en-
tries OF large number Of settlers in this
neighborhood upon the lands known in
this section as military land" which
said entries had been rejected by the
loca. office, and an appeal taken thereon
to the department in Washington. This
appeal has called forth an official ruling
from the secretary of the interior, which
we publish below. The letter referred
to, IL substantially as follows:
Dear Sir 1T ia with more than usual
pleasure that We write to inform you that
we have at last succeeded in pro-
curing an order from the secretary OF
the interior directing the commits
sioner OF the general land office to
release the several applications of
yourself and others, on the lands in the
overlap of the Northern Pacific and The
Dalles wagon road grants, and to allow
your entries. We are especially pleased
with this because it shows, also, that we
have, at least a, secretary Of the interior
who will consider the rights of individual
settlers, and not arbitrarily suspend their
| entries indefinitely, at the beck and nod
of railroad attorney who happens to be
a United States senator. The officials in
the general land office promise us that
they will Immediately take action on this
order OF the secretary and return your
several applications to the local office
within the next few days for immediate
allowance, at which time We will be
officially notified of the action, etc.
DEPARTMENT OF THE INTERIOR, WASH
INaToN, d. c., May l3, lSe3.-To the
Commissioner OF the General Land Office
Sir: By letter OF March 8, 1892,
Messrs Copp & Luckett, attorneys for
certain settlers upon lands within the
conflicting limits of the grant made by
act of July 2, 1854 (l3 Stats 1861, for the
Northern Pacific railroad company, and
that made by the act OF February 81,
1867 GA Stats 4O9), for The Dalles mill
tary wagon road, requested that their
clients be permitted to make entry Of the
lands settled upon, under departmental
decision of February II, 1892 "a l.. D.,
1877.
This conflict occurs opposite the I'M
constructed portions of the Northern
Pacific Railroad, extending from
Wallula, Washington, to Portland, Ore
gon, the grant appertaining to which
was declared forfeited and the lands res
tored to the public domain by the act Of
congress approved September 30, 1890
(36 Stats. 1856
The material facts covering the rights
Of The Dalles Company in the premises
are similar to those in the case of the
conflict bet ween the Northern Pacific and
the Oregon & California Railroad Co.
considered in the opinion OF February II
, 1892, (eupra) wherein it was held (syl
labus.l
"The grant of the odd numbered sec
tons within the overlapping primar,
limits of the Northern Pacific and Oregon
4 California roads, east OF Portland, Ore
, gon, was for the benefit of the former
company. under the act of July 2, 1864
and the forfeiture thereof by the act o
september 20, 1890, is to the extent o
the withdrawal made under the sixth
section of the act of 1864 and under salt
act of forfeiture no rights of the Oregon
& California road are recognized within
the said conflicting limits"
, In that case, certain OF the lands has
. been patented to the Oregon and Califor
MIA company and suit has been recon
mended 10 recover the title erroneousl,
, conveyed, in accordance with the pro
visions OF the act OF March 8, 1887. q
Stats. 556).
In the present case, none OF the land
: have been patented, and 80 far as | an
: advised, there has been no request OF
the part Of the wagon road company TO
suspension in the matter OF restoration
Of the lands
In your letter Of March %, 1892, yo
8 report that "the attorneys for the Ore
9 gon and California ask that the order 70
), the restoration be suspended, pend
: ing the determination of the question in
g vovled in the courts, and the suspension
;. was directed Feb. 9th, and approved b
q you on March 10, 1892. Precisely th
= same questions are involved in TIL
Dales military road grant, which is over
II Tapped by the Northern Pacific
% |
II OF any direction by you to the contrary
9 to suspend the disposal of the lands with
J. in the overlapping limits OF the gran
If last named, although no objection to tn
% restoration has been made by the mil
q tary road company. No order OF suspeu
" sion has, however, yet been issued"
a The question arises, should such SUI
T. pension be authorized? Having d,
If termined that the land was included /
d the forfeiture declared by the act of Sci
TENDER 20, 1890, (supra). l am Of tn
n opinion that as declared by the act, the
n are a part OF the public domain and thu
n no suspension should be ordered
# await the result of any action in tn
d courts, contemplated by those aggrieve
"a at my decision in the premises.
" In the case of the Wisconsin Centr
;, Railroad grant, 40 l.. D. 49,, it was he
n that certain lands were excepted fro
ia the grant and the application for suspel
r sion was made by the company, pendir
judicial proceedings. This was denit
III l.. d. 6l5), and therein it was state
''If such action should be taken
the present instance, it is not seen no
?" it could we'll be refused where al
=, claim is set up to tract Of land. Al
10 one claiming rights as settler or entr
20 man, which have been passed upon
20 versely by this department, would ha
~ right to expect that the particul
:. ~ tract claimed by him should be held
-, reservation until he had his rigt
:. finally adjudicated by the supreme cot
"a of the United States"
=. This applies with equal force to t