The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1894-09-22
HOKE SMITHS MANDATE.
lcon,inu.d from Fourth Page J

and duty to administer and adjust land
grants has resided. and been recognized
as residing, IN the land officers eyer since
we have had land system to be admin
istered. A most essential requisite to
such adjustment is the power to nix the
lateral and terminal lines oil such grants.
IN. therefore, the officers Of the state be
authorized to establish the terminal lines
through the lateral limits during con-
structi0n, as here contended on behalf OF
the company, the land officers would be
mere instrnmentalities to administer the
grant ia accordance with boundaries es-
tablished by state authorities. cannot
believe congress ever intended condi-
ton so anomalous to exist. Innnmerable
land grants, containing similar cond-
tions, have been administered by the
land department In the usual way, and
this is the first time, so far as my re-
search goes, that the authority so TO do
has been Questioned.
The fact is, the authority thus given
to governor, to certify to the construc-
ton OF the road. Is intended as an aid 10
the land officers in the adjustment OF the
grant, which 1t was evidently intended
should keep step with construction OF the
road as far as possible. Nor can there
be q doubt that, as to the determination
of the fact of tie construction OF the
road, and the consequent earning OF the
lands coterminous Herewith, the certlii-
cation of the governor has all the efficacy
OF the ascertainment OF a special tri-
bunal, charged with that duty, UNITED
States VS.. California and oregon Land
Company, 1873 u. s., 3l.) But the iden-
LITIGATION OF the coterminous lands is a
matter which can be rscertained alone by
the land officers.
Much space has been devoted, in the
briefs, to decision of this matter OF fix
ing terminal lines generally, and in this
particular case; and theories have been
asserted which are not In accord with the
well settled rules by which such grants
gre adjusted in the land department.
In accordance with the established
rules, the fixing of the lateral or terminal
limits of Il grant Is merely a matter vi
mathematical ascertainment
When in order to derive any benefit
under this grant, the beneficiary, as u
first step, filed map of definite location
of the line Of road, that map being APP
proved, the road thus shown became
''the measure bv which the locality and
quantity Of the grant is to be ascertained
and determined (ScOtt v. Kansas Pa
ci6c X X. Co.. 5 l.. d., 46S, 472.) This
location was then transferred to another
map, and thereon were laid down the
lateral limits Of the ngrant. by drawing
lines on each side OF the route Of the road
through series Of points precisely six
miles distant therefrom on tangentiaI
lines to arcs OF six miles radius, on each
side of tho route, every point OF which
will be six miles from some point on the
route. Ibid, 469.)
The lateral limits being thus estab-
lished, when the certificate of the gov
ernor is filed, showing the construction
of so many miles Of road to certain
point, the land officers would ordinarily
note on the map tie point to which the
construction has gone. A terminal line
would then be drawn through that point,
perpendicular, or at right angles, with
the general course of the road, as pre-
scribed ny the statute. Hc,e the origin
al act provides for the fling OF the certi-
fcate when twenty miles were construct
ed therefore the land officers on the ling
OF the first aud second certificates would
have drawn the terminal line at right
angles 70 the general course OF the coz
s.ructed road for the first and second
rwenJy miles respectively. Northern
Pacific X Il. Co., 5 l.. D., 459.
When the third certificate was filed, in
1878, which MAS Tor thirLy-JwU miles aud
thirteen nund ed and niueLy feel, the
length OF thr cuistru ted section having
been reuced by TIE act at 1865. IT, ten
mites, ths terminal line wunld have been
drawn through point III he end of the
third section, or Ghirtlein mile certified
to, and al right angles or serpehd uiar
to the general direction OF me third $ t.
tion of ten miles, Ignoring IN. fraction
OF constructed section OF Two miles and
thirteen hundred anJ Dinetv feet until
the next certificate should be Ii ed. (6
l.. d., 47-5i
Within the lines. lAt,ra and terminal,
thus established, M"lm be found The
granted land nhica Lac company mad
earned by construct n. 1nn which,
under the aci of Goa :, ~ i,iec.ted 10
be- certified or pa u ed - H. ibr CON
stfuction uf he 'ca- Igresses. anl
which IL j. Jhei NJon Gnr!zcd 20 is
POSE Of
IN TINS a. nas II ali tnt IA, d
bctwtsh . ~ 'tn u riN ~ !, :
OF tue llIo a sine. was ,.rf-
tinru n IN III 1850,
ShuIIiy az ,.t lutte tocaitoU
WAS acrept'"i. hri' liking VI cpn-
StruCblviI '..' ~ Ia tar ret-
Ji,ytn:o "a 4 uE .aras q lun
the lin II - 40 II Lb, gUvr,-
u III ~ ''nstruciTnb.
1 was nut I'M Il Jtssa .e'of IN .
forfeiture az tna anna itne was
fixed by thu land viii els Teen IL be-
came their Imperative duty to fix the end
lines OF the grant as far as the road was
constructe1. Here the method # asce,-
tainmenJ, though mathematical, Is some
what different from that which obtains
In fixing sectional terminal lines during
the progress OF construction. That diff
ference being that when the end of con-
struct,op, now become the end of the
road, Is reached, the llue Of constructed
road. with its sinuosities, Is measured
backward from the end for the distance
of ten miles, or whatever may be the
statutory section; then from that point,
the general course Of the road to its end
is taken and the terminal line is drawn
at right angles or perpendicular thereto
III l.. d., $751;
A careful examination of the records
and maps on file In the railroad division
of your Office, which have caused to be
made. shows that this rule was followed
in fixing the end lines OF this road ut
L'Anse, the point where construction
was ended.