The representative. [volume] (St. Paul, Minn.) 1893-1901, 1894-08-01
THE RAIL way GRANTS.
PLANS FOR SETTLING TITLES TO
THEM.
Three Important Bills Pending in the
HOuse-Their Features Described
One Was Formulated by Congress-
man Hall. of Minnesota.

WASHINGTON, D. c., July 26-Three
bills which passed the house Tuesday are
destined, if they become laws, to do much
toward settling the many disputes over
titles to Western government lands. Most
important of them is the measure intro
duced by Mr.. Hartman, Of Montana, for
examina ton of the lands within the land
grants and indemnity limits of the North
ern Pacific railway in the states of Mon
tana and Idaho and the classification of
them with regard to their mineral char
acter. Under the act of 1864 the Northern
Pacific was given all alternate sections for
~ miles on each side of its tracks through
the territories, SO that in the states of
Montana and Idaho it gained the owner
ship of half the land in a strip of 40 miles
through them. Mineral lands, except coal
and iron, were excepted, were the sec
tons pre-empted by settlers, but in their
place the companies were allowed to select
areas OF land not more than 10 miles be-
yound the limits of the original grant.
Ever since the settlement of the country
was begun there have been multiplying
complications because of the discoveries of
great deposits of gold silver, copper and
lead along the lines of the road, which
extends $50 miles in Montana and 80 miles
IN Idaho. By a recent decision of the SUI
preme court the principle was established
to all time SO that whenever minerals are
found on granted lands in the future the
Northern Pacific loses its title to them.
1t has always been the contention of the
railroad that all lands not known to con-
tam minerals at the time of the grants
were conveyed to it, and that subsequent
mineral discoveries did not affect it's claim,
so that the supreme court opinion changed
the status of affairs and put at rest in
Vulnerable local controversies. The grant
conveyed to the Northern Pacific 1888, 600
acres in Montana and !, 300, 800 in Idaho, but
no lands have yet been patented to the
company in either state. although selections
covering 4,45S,S sos acres have been made.
The adjustment of them necessarily in
wolves the question of the character of the
lands, and this can only be determined by
such survey as the act contemplates.
large part of the land already surveyed
is agricultural and in the ground remain
ing to be covered mining claims and pat
ents are to be taken as prima facie evil
dence that the lands are mineral
OF the other two measures referred to,
one by Delegate Smith, of Arizona, is to
ratlfy the titles of settlers who made bona
fide homestead of presumption or desert
land entries and settlement and whose
homesteadS afterward proved to be within
railroad land grants. In such cases the
railroad companies are to be repaid by an
equal amount Of land from the govern
ment.
The other is bill by Representative Hall,
of Minnesota, to settle the titles of settlers
who entered lands under the timber and
stone act but whose entries, although not
yet cancelled, have been held invalid be-
cause of a technicality the lands having
been offered at public sale according to
law contrary to the provisions of the act,
which only embraced unreserved and I'M
offered lands. This bill applies to the states
of California, Oregon, Nevada and Wash
ington. The timber and stone law has been
in force for 10 years and during that time
many entries have been made that have
been held to be invalid and since cancelled
so that some of the tracts have been en-
tered upon by later Corners. In Difference
to the rights of later settlers these en-
tries which have been once annulled are
not made good by the measure