Omaha daily bee., 1896-03-18
REASSURES THE SETTLERS
Smith MCPHERSON Tells Malvern People
Their Titles Are Perfect.
SUITS MAY PUT THEM TO SOME EXPENSE
All who Have bought Their Land I'm
Good Faith from the Railroad
Company Protected by the
Recent Act.

MALVERN. Ia. March 17.-(Special Tele-
house today called to consider the suit
brought by the government against the
Chicago, Burlington & Quincy Railroad com
pany and hundreds Of property owners in
southwest Iowa. principally in Hills and
Montgomery counties, were represented by
delegates from different portions OF the
districts affected by the suits. J. NJ. Strahan
was elected chairman and C. y. Christy,
secretary.
Hen. Smith Mcpherson Of Red Oak, ex-at-
torney general Of Iowa, appears for himself
as a respondent in the case the government
has brought in the United States circuit
court at Des Moines against the Chicago,
Burlington & Quincy and Burlington 4 Mis-
souri, railroads and hundreds of citizens in
southwest Iowa; also at the instance OF
some clients, citizens Of Mills county, and
also as the representative Of Mr.. j. w.
Blythe of Burlington, Ia, general solicitor
of the Chicago, Burlington & Quincy Rail
road company, and Mr.. w. w. Baldwin,, land
cen missioner of the railroad cc.lpany. He
gives the people interested in the suit the
assurance that their titles are impregnab!e
He said: 81 am enabled to speak thus posi-
lively because Tor many years as an attorney
l was connected with litigation involving the
swamp land grants and the railroad grants
In southwestern Iowa. Mr.. Blythe wants
me TO assure you that the railroad company
will do all in its power by way of furnishing
records and papers and any evidence in the
possession of the railroad company to the
end that you may have DEGREES forever quiet
ing your titles, and any committee that you
may appoint can call upon the railroad COM
pany at any time for any evidence that 1t
has in any of it's offices to further your case.
The idea on which these suits were
brought is a mere technicality, and one so
technical that, 50 far as you men are con-
cerned, 1t cannot have the slightest weight
in the courts"
He then cited the classes of lands covered
in the suits. He read an act, Public, No.
49, entitled IAN act to provide for the ex-
tension of the time within which suits may
be brought to vacate and annul patents, and
for other purposes" approved March 2, 1896.
Section 3 provides that any bona fide pur-
chasers, prior to the institution Of suit by the
attorney general, may prove they were bona
fde purchasers. This act Of congress was
signed by the president and took effect on
the I'd day of this month. And before
sunset of the next day these suits were
brought, making it absolutely impossible for
the railroad company or any one else to make
the showing at Washington that you are good
faith owners. And now that the suit has
been brought you are deprived and barred,
as long as this suit is pending, from making
the showing at Washington, but must make
1t as defendants in this litigation.
Now, what is the situation? First, your
titles are perfect, being based on patents of
the United States issued to the railroad com
pany in 1859, thirty-seven years ago. And
so far as you are concerned your titles are
now absolutely confirmed by this act of
congress passed but a few weeks since, hence
the railroad company has given you a per-
feet title, and you can have no recourse
upon 1t, at least l know of none.
Second, the railroad company could not
guarantee to you that no suit threatening
your title would be brought any more than
1 can assure you that no thief will steal your
horse, nor any more than l can assure you
that one Of your citizens will not bring suit
against another enc of your citizens to re-
cover possession of a homestead lien in NAL
vern.
my advice is, get all your Iowa congress-
men to appeal to the attorney general and
to the president to direct the attorney gen.
eral to withhold proceedings until this show
ing can be made that you bought the land
in good faith, that you paid your money for
1t and that the railroad company gave you
a deed therefor.
'If the suits come to trial it will be neces-
sary for you to be represented In person or
by attorney, or judgment will be entered by
default"
After Mr.. McPherson's address the county
attorney, S. Gilliland, read a part OF the
petition filed by Attorney General Harmon,
that affords the basis of the suit. 1t seems
the government granted swamp l,ad 20 the
state of Iowa, afterward through error in
the land office it granted a portion IF these
lands to the railroad company. The same
action was taken in prescriptions. The gcv-
eminent now seeks to rectify he errors by
compelling the railroad company 10 1edeed
these pieces Of land to the government, and
pay for the same at the valuation OF land at
that time, between the years 1855 AMI 1857,
$1.25 per acre. All persons now holding deeds
to any portion Of this land are made parties
to the suit and are to appear be-
fore the United States circuit court at Des
Moines, May 4 next.
In order to have a concert of action OF all
parties interested 1t was moved that the
chairman and secretary be continued and that
the chair appoint a to formulate a
plan of procedure and issue a call for another
meeting.
The committee is j. d. Robbins, Anderson
township; l.. w. Tubbs, Emerson; l.. I.
Genung, Hastings; w. G. Delashmont, Pa
ciic Junction; w. G. Summers, White Cloud;
A. j. Chantry, Malvern; A. ID. French, Glen
wood.