The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1894-12-15
WON AND LOST.
Such Was the Outcome of the
Canal Lands Cases.
Supreme Court Afflrms One DecIs-
Ion Favorable 70 the Contest
ing Settler.

Three decisions OF great interest
TO Michigan were handed down 10y
Justice Brewer oI the United States
Supreme Court Monday. These were the
Lake Superior Canal company against
Walter A. Cunningham, the same COM
pany against Hugh Finan and Michael
Doaohue against the Lake Superior Ship
Canal company. In the first caso the
decision Of the lower court in i'Gyor oil
the settler was affirmed with costs, while
in the other two il was reversed.
IL will bc recalled that Don NJ. Dickin-
son left Michigan in the heat OF the cam
paign last fall 10 come To Washington
and argue these cases for the settlers.
He can hardly consider the decision to-
day victory. While this decision will
open up no new land 10 settlement, it
will settle the question Of the title OF the
Portage Lake Canal and OF those settlers
who went ON the lands prior to 1856.
The tract OF land for which Donohue
contested was certified 10 the state OF
Michigan in 1861 as part OF n railroad
grant and alterwnrd again in 1871 certi-
fled To the state by tie United States as
part of the canal grant. His title and
entry made him ~ bona fide claimant,
but his tract was not within the Clear
six mile limit OF the 0ntonagon and
state line road, but was near the ecrossing
Of the Ontonagon and Marquette lines
and within six miles OF each.
The whole case turns on the release ol
the lands to tho state and by it to the
United States. Justice Brewer holds
that the release Of the land grants to aid
in the construction OF the road from
Marquette to the Wisconsin state line
authorized no giving up Of the grant 10
aid in the construction OF the road from
Ontonngon to the state line, as they
held an undivided noiety OF the lands nj
the crossing. He takes the view that
the plaintiff and defendant were each the
owners OF an undivided hall Of the land
in controversy and that the Circuit
Court erred in udjudging TO the canal
company the full title TO the lands. The
decision is reversed and the case re-
mnndcd for trial
In the case OF Lake Superior Shir
Canal, Railway and Iron company
against Walter A. Cunningham the con
ditions were different. This action was
commenced by the plaintiff in 1883 I,
recover possession Of a quarter section
of land. Upon the first trial verdict
was returned in favor OF the plaintiff but
"A new trial was granted which resulted
in verdict under instructions of th,
court in favor OF the defendant. TO re
verse that judgment this writ OF crro
was brought.
IL was contended that Cunningham
was not a bona ilde claimant becaus,
he entered the lands knowing that the,
were part Of the grant to the railroad
The defendant testified, however, tina
at tho time OF his entry he understood il
was railroad grant, yet he expected
that the grant would be forfeited anC
went there for the purpose OF making !
his home. He knew that the railroad
grant had been outstanding thirty-tw,
years and that the land was TO he ~
stored TO the government il the road wa
not completed in ten years.
Justice Brewer said Legislation
respecting public lands is To be consid
cred favorable to the actual settler unt
the construction contended for by th
canal company seems too narrow nm,
the judgment OF the Circuit court il
favor of the defendant is affirmed"
In the case Of this same compan.
against Hugh Finan the judgment Of IN
Circuit court in favor Of Finan is n
versed and the case remanded for n net
trial. This case differed from that Z
Cunningham IN that he did not ente
upon the tract in controversy until aite
1883. His entry and occupation Civ
him no right because the land was en-
braced within the railroad grant Of 1856
and he was not bona iide claimant q
in nctunl occupation on the first OF May
1882. The title OF the company wa
therefore proved IA against him.
The lands in the cases mentioned are a
situated in the western part oiIron couI
~ aud are those involved in the protrac
cd war between the settlers and the Me
ropolitan Lumber company.
60
THE OUTLOOK.
A -