The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1894-09-22
HOKE SMITHS MANDATE.
Full Text OF the Decision Turning Out the
Homesteaders.

Fall Text OF the Decision Turning Out the
Homesteaders.
DEPARTMENT OF THE INTEcIoR
September s, 1894. !
Amassa Daily
Marquette, Hougbton & Ontonagon
Railroad Company
Michigan Land aud Iron Company
Forfeited Lands.
Terminal Limits.
Adjustment act Of 1857,
The Commissioner OF the
General Land Office,
Sm-On May 1, 1889, Amasa Daily
made application to the register aud re-
ceiyer at Marquette, Michigan, land
Office, 10 be permitted to make home
stead entry Of the q OF the ne \ aud
tae 4 Of the sc u OF sec. II. I. 50 n, r
"a w. His application was denied on the
same day, ''for the reason that the land
applied for was approved 10 the State Of
Michigan for the NJ. IL o. Il. Il. Co.,
July 81, 1860" From this action Daily
appealed, aud your Office reversed the
ruling OF the local officers.
AS u number OF similar applications to
enter adjacent lands were rejected at the
same time and for the same reason, you
were instructed TO certify said case to this
department. In pursuance OF that
order. the case Is now before me for CON
sderation. IL was argued eaborately
by counsel on both sides. aud now pro-
coed to render Judgment therein.
BY act OF June 8, 1856 III Stat, 2l),
Congress made grant OF land TO the
state Of Michigan TO aid in the construc-
| tion of railroads from Little Bay do No
quet to Marquette, and thence 10 Onto
nagon, and from the last two named
places TO the Wisconsin state line. 1t Is
u present grant, in the usual form, OF
every odd numbered section for six sec.
tions in width Oh each side of said roads,
with the right To Sslect indemnity for
losses ascertained when the lines of said
roads or either OF them, are definitely
fixed. The said land grants ere 10 be
| subject TO the disposal OF the legislature
OF the state, and the railroads are to be
! public highways for the use OF the gOy-
erument. free from toll or other charge
upon the transportation OF any property
or troops Of the United States; ana the
mails are To be transported over said
roads at price TO be determined by The
postmaster general until congress fixes q
price therefor.
The legislature of the state, by act OF
February Ii, 1855, accepted the grant,
and conferred that portion OF it,, appli-
cable to the proposed road between the
Little Bay de Noquet and Marquette
upon company Of that name, ana that
portion between Marquette aud Ontona-
gon, on the Marquette & Ontonagon
Railway company. The legislature also
created board composed of the gov
er3or ana six commissioners, with full
control over the apportionment OF the
grants. and power TO declare forfeiture
of the same.
The Marquette d OE;onagon Rail-
road company filed the map of
definite location CT its road on
January IA. 1859. and thereafter the
laud department on July 81, 1S6O, certi-
fled TO the state all the vacant odd mum
! bered sections within the emile granted
! limits, and between the termni OF said
road, as shown by its map. This certif-
cation included the land in controversy
here.
Subsequently, by the act OF March 3,
1865, Us Stat, 520), the grant was in
creased by four additional odd mum bered
sections per mile: the time for compile.
ton Of the road was extended TO Deem
Der 81, 1872, by joint resolution OF May
20, 1865 Us Stat, a52), and by act of
July 20, 1871, az Stat, 643), the Hough-
ton d Outonagon K. X. Co., then owner
OF the grant, was authorized TO make
re-survey and new location OF It's road;
this new location was made from Cham
pion TO L'Anse, a distance Of about
thirty-two miles, and the map thereof
accepted by the department on April o,
1872.
On November 20, 1862, Governor Blair,
Of Michigan, certified TO the construc-
ton OF twenty miles OF the road west
ward from Marquette, which was built
by the Marquette q Bay de Noquet COM
pany; on Nov. II, 1865, Gov. Grape GER
tilted to the construction OF another
twenty miles westward, by the Marquette
d Ontonagon company; and on February
6, 1878, Governor Bagley certified to the
construction OF thirtY-two niles and one
thousand three hundred and ninety feet
westward, Oy Tue hOuSubbH ~ OulOHdbOu
company, thus con pleting the li1c from
Marquette to IAnse. Though this last
certilication was in 1873, 1t appears that
the road was actually completed TO
L'Anse prior to December 81, 1872, the
time appointed by law.
Ia the meantime, the Marquette,
Houghton & OEtonagon Railroad Gem
pany, by consolidation, became the own
ers of the grant from Marquette to Onto
nagon, but did not construct the road
beyond BAnsc.
in June, 1878, the governor OF Mchi-
gan. under authority from the legsa-
ture, and on the recommendation OF the
board Of control, Cefore mentioned,
issued thu patent OF the state to the Mar
quette, Houghton ~ OntonagOn Railroad
company for 100000 acres. being that
portion Of the lands heretofore certified
TO the state, and which were supposed
TO appertaiD TO the road as fer as con
structed. subsequently,, on August 80,
1851, the railroad company, for a valu-
able consideration, sold and conveyed a
large portion Of said patented lands, in
Guiding those here In controversy, TO the
Michigan Land " Iron company (imited),
Que OF the appellants here. And the last
company sold he standing timber there