The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1894-09-22

c0terminns with the uncompleted portion
OF any railroad, to aid In the construction
of which said lands were granted or APP
| piled, and oil such lands are hereby de-
| clared to be part Of the public domain:
Provided, That this act shall not be con-
| strued as forfeiting the right Of way or
depot grounds OF any railroad company
heretofore granted; And provided fur
tier, That nothing In this act contained
shall be construed as limiting the rights
granted to purchasers or settlers by IAN
act to provide for the adjustment OF land
grants made by Congress to aid In the
construction Of railroads and for the for
fixture OF unearned lands, and for other
purposes" approved March third, eigh-
teen hundred and eighty-seven, or as
| repeating, altering, or amending said
act, nor as In any manner affecting any
cause of action existing In favor OF any
purchaser against his grantor for breach
| Of any covenants OF title.
Sec. .. That nothing In this act shall
be construed as forfeltiDg any lands that
! have been heretofore earned by the loca-
ton and construction OF any portion OF
any railroad hereinbefore mentioned
under any act of congress making
grant OF public lands In the STATE OF
| Michigan, Provided, that such lands lie
opposite such constructed road, or IL In
| demnitY lands are provided in such
grants the same shall be selected from
the public lands within such indemnity
limits lying nearest to such constructed
road.
Sec. 8. That In all cases when any OF
the lands forfeited by the first section OF
this act, or when any lands rellnquished
TO, or for any cause resumed by. the
United States from grants for railroad
purposes, heretofore made to the State
OF Michigan, have heretofore been dis
! posed OF by the proper officers of the
| United States or under state selections in
Michigan confirmed by the secretary of
the interior under color of the public
land laws, where the consideration re-
ceived therefor is still! retained by the
government. the right and title of al!
persons holding or claiming under such
| disposals shall be, aud is hereby con-
firmed."
On June Is, 1889. the legislature OF
Michigan, taking notice OF the forfeiture
passed an act directing the governor OF
that state TO reconvey to the United
States all lands certified to the state for
the benefit of the road between Mar
quette and Ontonagon. and which were
said road; excepting, however, from the
operation OF the act the lands patented
to the railroad company IN 1878, and
which were sold to the Michigan Land
q Iron company, In pursuance of this
direction, the governor re-conveyed to
the United States 2l4,000 acres, among
which were not included the lands III
controversy.
On March 10, 1889, the commissioner
OF the general land Office transmitted to
the local officers at Marquette diagram
showing the terminal line OF the con-
structed road at L'Anse and ordering
the lands west OF the terminal line thus
I established TO be restored To the public
domain and thrown open TO settlement
and entry. Tho lands here in contrc-
yersy are found to be west of said ter
! mnal line; and, ii the same be correctly
established, said lands, in the language
I of the forfeiture act OF 1889, are opposite
! TO and coterminous with the uncOm-
I pleted portion OF said railroad, and are
J of the class declared TO be forfeited by
| said act, unless within some OF the ex-
| ceptions therein specified, or protected
| from said forfeiture for other good
reasons
The aforegoing statement, though per-
haps not containing all the matters
argued and pressed by counsel, is so fl
GENTLY full TO present the salient and
most prominent points in the case, 4 ru-
ing upon which will, in my opinion,
finally determine the controversy.
Counsel for the companies specify
eighteen exceptions to the rulings OF
your Office; but in their brief state the
substance OF those exceptions within
sayen propositions, which were discussed
deliberately by both sides. do not think
IL necessary TO restate those propositions
in detail at this time. but to discuss the
questions which present themselves 10
my mind In the order in which they
arise, uutil conclusion is reached
The first matter in order is the inquiry
as 10 whether the terminal line is prop
ery fixed by your Office?
1t is insisted on behalf of the compan-
les that said line is arbitrarily and erron-
eously fixed, and | am asked TO correct
the alleged errors In the location, which
correction, 1t is asserted, If made. would
place the lands In controversy within the
proper terminal lme-opposlte and CO.
termnous with. the constructed portion
of said railroad.
The matter of the accuracy and cor
rectness Of this terminal line was before
this department in 1891, when the same
objections to 1t were urged as now.
After q careful examination OF the sub
ject, my predecessor Secretary Noble,
GU March 2, 1891, held that "the line
heretofore fixed by your Office is cor
rectiY fixed, and that there is no good
reason for granting the petition" TO
change the same (Michigau Land & Iron
Co., IL l.. D., 214.)
On the one side it is insisted that the
decision of my predecessor has finally
determined the matter OF this terminal
line, and that it has passed into rem Judi
cdtcn; whilst on the other hand IL is
earnestly coniended that said decision
does not bring the matter within the rule
applicable to things adjudged
Inasmuch as the matter is one touch
ing the proper administration Of this
department, and q continuing subject for
investigation. have concluded to exam
inc the subject Of this terminal liue my
self. and do not consider that | am pre-
cluded from making such examination by
any previous action of the Department.
Counsel for the companies argue that
because, under tho granting acts, the
governor Of the state was to certify to
tho completion of the constructed sec