The Forrest City times. [volume] (Forrest City, Ark.) 1871-1919, 1896-05-15
APOUT SWAMP LANDS.
~. Railroads Title to Lands Sold
: is a. Good az q Bond.
upcis Sam will stand sponsor for All
swamp Lands Coded to the Railroads,
and will Interpose His Prerogatives
I'm the Matter of Quieting Titles
which Seem to BE Clouded.

- of Arkansas and the st. Louis
I'D Iron Mountain railroad system
Involvinp somewhat more than 260, 900
.cres of land, to which both hold title
trom the United States. The exis-
.arce of this conflict first came to
rnblie notice in 1870, when the follow
Ino act was passed by the legislature,
and approved March Is, that year:
rbat in all cases where lands in this state
hor, been selected by the state or its duly au-
,borized agent as swamp land, and the same has
also been selected by any railroad company or
Its authorized agent, as inuring to such COM
nanv by virtue of any grant thereto or to this
.,ate for the benefit thereof, and the same be-
aause Of such conflict, has not been approved
:, natanted to either the state or to such COM
,anv the commissioner of state lands is here
bvauthoriZed and empowered to compromise
sneh conflict with such company or its agent,
and 10 agree Herewith which of such lands
should go to the state and which TO such COM
many and to join in q request to the proper de-
nartment at Washington City that patents is
sue respectively, according to such compro-
mise and agreement.
SRC That should any legal points arise
mon which the commissioner of state lands
and such company or its agent cannot agree,
then such commissioner Is authorized, with
such company or its agent, to make an agreed
case as to facts, and to submit the same to the
Pulaski chancery court or to any other court
of competent jurisdiction, and it shall be
the duty OF such court to decide the legal
questions arising thereon: Provided That in
all cases where any such lands have been
sold by the state or railroad company prior to
the passage OF this act, the title of the pur-
chaser shall not be disturbed or interfered
with in any event. but the same shall be. and
nod nd ftt,iat
chaser. Provided. That no compromise made
under the provisions of this act shall be bind
ing on the state until the same has been APP
proved by the governor of this state
This was followed by further legisla-
ton in reference to swamp and over
flowed land, the title of which vested
in the state under the swamp land
grant, and said land was afterwards
certified by the United States to rail-
road companies, who had sold such
tracts of land. Again, in 1898 the Iron
Mountain Railroad Company caused
bill to be presented to the legislature
providing that the state should release
10 that company all of its claims against
the lands also claimed by that com.
pany upon payment of 12X cents per
acre This bill passed the senate and
went to the house where it was de-
feated.
The Railroads. Title to swamp Land.
Arkansas acquired it's title to tho
swamp lands under an act of congress
approved September %, 1880 In 1853,
under date of Feb. Q, congress passed
another act entitled AN act granting
the right of way and making grant of
land TO the states of Arkansas
and Missouri, to aid in the
construction of railroad from
point on the Mississippi river,
opposite the mouth of the Ohio river,
via Little Rock to the Texas boundary,
near Fulton in Arkansas, with branches
to Fort Smith and the Mississippi river"
Under date of January 10, 1855, the
legislature of Arkansas passed IAN act
TO aid in the construction of the Cairo
and Fulton Railroad" which act con-
nrrned to the Cairo and Fulton Railroad
company "all the lands granted, or in
tended to be granted, to the state of
Arkansas, by virtue of the provisions
OF the aforesaid act of congress, APP
proved February Q, 1858, which lie along
or adjacent to the route of the said
cairo and Fulton Railroad, from the
south boundary of Missouri to the
boundary line of Texas
January II, 1855, the Fulton and Cairo
Railroad Company filed a map showing
location of their lines in Arkansas, and
august IL, 1855, the line of this railroad
was definitely located; January IS, 1855,
tne general assembly confirmed the act
OF February 9, 1858. vesting in the rail-
road company the title to all the lands
mprng under the act
Pending this confirmatory action the
raiifoad company put its examin-
CTS 10 work, prepared lists of all
ne lands and took possession
quently certified by the commissioner
oi The general land office, under date
november 10, 1887, which was approved
ny the secretary of the interior Novem-
Der H. 1857. This action seems to give
IN. .ne railroad company direct and clear
ute TO all the lands included in the list
Nolonel u. A. A. Deane, land commits
noner of the St Louis, Iron Mountain
anu southern Railway Company, who
made a statement before the committee
o an puollc lands February /, 1896, said:
curing the past 40 years that the rail
loao company has exercised ownership
" the lands in question, the state has
.e'er oy any act or demand questioned
s"e railroad company's title, nor asked
eFtcOnVeyanca IF tina lands ola imed IN
Law been enormously patented; on the
o. oener hand, the state has for more than
years recognized the company's title
~ iecelVing yearly taxes on the land,
"nich have been regularly and contin-