The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1896-12-05
CASES SETTLED.
Keweenaw Association Settles With Seventeen
Homesteaders on Disputed Lands.


Sunday last in Crystal Falls. He is one
OF the seventeen homesteaders on the
disputed pine lands in the west side OF
this county, who recently made settle
lnent with the keweenaw Association,
limited. Mr. Donahue Is not entirely
satisfied with the outcome OF his FOUR
tecn-year battle, but considered the in
dncement offered better than nothing
and accepted it. fearing that he might
fare worse He received $ 900 in cash
and clear title 90 his land, 100 acres.
Pine TO the amount OF 100000 feet
has been removed from his land since he
settled on it. The other settlements
were made on about this basis, the
largest amount Of money TO any one
settler being SO 500.
The history of the ands affected dates
back to 1856, when the federal govern
ment made grant OF 10000 acres OF
land TO the state to aid in the construc-
tion Of railroad from Ontonagon 30
the Wisconsin state line. On July 3,
1866. a grant OF 100000 acres was
made in addition 90 like number
granted in 1868, for the construction OF
ship canal between the head OF
Portage lake and Lake Superior. The
selection of these lands was made in
1871 by JudgcP. j. Avery, president of
the ship canal company and agent for
the state, and Ills selection included the
10000 acres whcl, formed part OF the
railroad grant 0f 1856. This latter
parcel had been surrendered To the
United States by Governor Baldwin, hut
il bad since been held his action was
withoat authority and was largely re-
sponsible for the complications OF later
years The canal was completed, but
mortgages on the land given by the Lake
Canal company were ioreclosed in 1877
by the Lake Superior Ship Canal, Rail
way and Iron company, which acquired
possession. The Kewoenaw association,
limited, was formed in 1891 and sue
ceedcd by conveyance to the title OF the
last named corporation.
The railroads between Ontonngon and
the Wisconsin state line, not having
been constructed, homesteaders some
years ago began taking up claims ON the
land now in dispute, under the belief
that the company had forfeited ITS
rights to the government As soon AK
the homestoaders began to settle on the
property, the ship-canal company
started suits in eicctment against them
and some OF these were pending, when
ON March 2, 1899, congress passed IN
act declaring the original railroad grant
! forfeited aud attempted to adjust the
differences between settlers and the ship
ca pal company 10y providing that the
canal selections be confirmed except IN
cases who're they were bona iide pre-emp-
ton or homestead claims proven by
actual occupancy prior to May l. 1888.
One year later, or TO be exact, in July,
1890, three test ejectment suits were
tried in the United States circuit court
and were aitcrward carried 10 the
United States supreme court. In De-
cenlber 1890, at the Instance oi the
settlers, the United States began suit
in chAnccry against the ship canal com
pany and its timber grantees 60 cnjoin
the cutting Of the timber. thus laying the
basis of The proceedings which reached n
partial settlement recently. The
defendant corporation next filed a cross
bill To quiet title and there the ease
rested for time.
In November, 1894, the supreme court
handed down a decision that the selec-
tions made 10y Judge Avery in 1871
were VOID but that the act OF March,
1889, confirmed them with exceptions
relative 20 bona fldc homcsteaders as
provided in the act. These cases were
stubbornly contested attracting wide
spread attention from the legal irater-
nifty throughout the country, and were
handled by such eminent iurists as d. IL.
Ball, OF Marquette, Judge John f..
Dillon, OF New York, Alfred Russell
and Don NJ Dickinson, of Detroit, Judge
Marston of Bay City and Benjamin
Vospcr of Iouid.
After this decision Of the title, quieting
proceedings were revived by the Kewee-
nav association, whereby there were
included as parties TO the suit about
ninety interested prc-emption aad
homestead claimants For about a
year negotiations have been pending for
n settlement between the Koweenaw
association aud the settlers, the Hon.
/ Rush Culver. the we'll known Marquette
attorney, having had the greater por-
tioA, Of this work in charge.
While the government * no longer
directly interested in the matter 1t was
necessary in order TO secure clear Titles.
to gain It's consent Co the settlement i
claims, and this serves TO still further
delay The proceedings. With consider