The daily morning journal and courier., 1896-07-31
Arrncrs TEN I'll ousAsD SETTLERS.
Secretary Smith Advises the Dismissal of
 Important Suits.

! 4g Secretary Smith Advises the Dismissal of | Important Suits.
 1 Washington, July 30.-The secretary of the interior recommended to Attor- ney General Harmon the dismissal of a number of suits now pending in the United States courts of Nebraska, Wy oming, Colorado and Utah against the 1 Union Pacific railroad and about ten ] thousand settlers along the line of the road to recover title to lands said to have been enormously patented to the company. These lands were supposed to be embraced within the limit of the grant made by congress to the com pany and were patented to it some time ago. The settlers whose title homesteads have since beenput in litiga- i tion purchased their lands from the company and secured the necessary patents But the land office here af- ter issuing the patents made the dis covery that they were worthless for l the reason that the company, as the land office clakned, was not entitled to I the lands deeded and therefore the cer- l tification had been erroneous. Then the interior department began suit to recover these lands.
 l Under the law in force prior to March 3, 1896, it was necessary, in order that l title could be recovered, to include the settlers as defendants in these suits. The act passed on the above date, how ever. provides that the government might enter suit against the railroad i company for the value of the lands found to have been erroneously certi- fled and that innocent purchasers from the railroad company might receive new patents upon filing proof that they were innocent purchasers
 General Solicitor Kelley of the Union Pacific company has been in Washing 1 ton for several days and has agreed, on behalf of the company, to pay the costs of the present suit and thus relieve set I tiers of all expense incident to service of summons lip to this date If the attorney general approves the recom- mendation of the interior department l Gas it is believed he will) the present suits will be dismissed and new suits will be brought against the company alone to recover the value of the lands. Meantime patents will be issued to the settlers upon their filing the proof re- quired by the act of March 3, 1896, and they will thus be quieted in their l titles.
 I Attorney General Harmon later to- day directed that the suits between the United States and the Union Pa cific company and the settlers be dis missed
 The secretary of the interior this af- ternoon informed the commissioner of the general land office that if other companies agreed to settlement of their suits in cases where land was erroneously patented to railroad and wagon-road companies and was after wards sold to settlers, as in the case of the Union Pacific road he would make a similar recommendation for the dismissal of the suits and the quieting of titles. The railroads thus affected are the Central Pacific, St. Paul and Sioux City, Union Pacific and Sioux City and California, successor to the Oregon Central Military Rail- road company, St. Louis and San Fran cisco, Winopa and St. Paul, Missouri, l Kansas and' Texas and Leavenworth, Lawrence and Galveston railroad, Northern Pacific railroad, Southern Pa cific road, Oregon and California road, New Orleans and Pacific and Wiscon- sin Central. The decision arrived at to quiet the titles of all the settlers on these various land grants which have been in litigation for years and to hold the railroads alone responsible is re- garded as one of the most important steps ever taken in regard to land | grants.
 MT. Vanderbilt's Condition. l New York, July 30.-The United