St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-03-03
UNITED STATES DISTRICT ATTOR-
NEY STRINGER BEGINS IMPOR-
TANT LITIGATION
AGAINST CERTAIN RAILROADS.
MOST IMPORTANT ACTIONS EVER
INSTITUTED BY THE FEDERAL
GOVERNMENT HERE.
INVOLVE 100000 ACRES OFF LAND.
Five Railroad Companies Are Named
as Defendants-A Matter of Over
100000.

"A
Stringer has begun within ten days
the most important litigation ever in
stituted by the federal government in
this state. A dozen suits have been
brought against various railroad COM
panies and 1000 other defendants to
recover 100000 acres of land valued at
$4000,000. The entire town of Litch-
field is involved, as we'll as many of
the most valuable farming lands in
Hennepin county.
The actions are against the St. Paul,
Minneapolis & Manitoba company for
$4,000 acres of land, worth $1,062, 900;
the Winona & st. Peter company for
$4,000 acres, valued at $1,234,0 00 the
ST. Paul & Sioux City, Chicago, Mil
waukee & st. Paul and st. Paul &
Northern Pacific companies for smaller
portions of land grant. The Manitoba
company is now leased by the Great
Northern railway, the ST. Paul &
Northern by the Northern Pacific COM
pany. The st. Paul & Sioux City road
has been merged into the Chicago, St.
Paul, Minneapolis & Omaha railway.
The actions have been brought in the
United States circuit court, and were
HrSC mace puDnc yesterday.
The suits have been begun with
more or less haste inasmuch as the
time for the filing of the actions ex-
pired by act of congress last night.
Mr.. Stringer has been guided by the
provisions Of the act Of March 8, 1891,
which was to remain in effect for five
years only. In all these cases the
government seeks to recover portions
of land improperly allotted to the rail-
road companies through the fault eth
er of the federal officials or of the rail-
road companies themselves.
Between 1854 and 1857 the federal
government, as Is well known, granted
vast tracts Of public lands to aid the
construction Of railroads. By a GER
tain act of 1857 the secretary of the
interior, through the commissioner of
the general land office, was directed to
certify to the states of Minnesota and
Alabama every odd numbered section
Of land within six miles Of both sides
Of railroads to be constructed in those
states. On the completion Of small por-
tons, in succession, Sf the roads, the
governor Of the state was authorized
to make over to the railroad COM
panies the title to these sections. But
the even-numbered sections within this
twelve-mile strip, or the "place linn
it's" as they were called, were reserved
for public settlement by redemption
entry or homestead claim. Within the
"place limits" the value of the even
numbered sections was to be 81 25 per
acre, and $3.50 per acre beyond the
limits. In case, however, any Of the
odd-numbered sections were found to
be already covered with presumption
or homestead entries, then the rail-
road companies were allowed to make
selections of 'odd-numbered sections
within indemnity limits. These in
demnity limits we're at first fifteen
miles on either side Of the road By
subsequent acts of congress the in
demnity limit was extended to twenty
miles from the line Of road. If, again,
the railroad company found that the
odd-numbered section in the place linn
its was covered by presumption or
homestead entries, and that the odd
numbered section in the indemnity lin
it's was similarly covered-in that case
the company was directed to make a
formal selection of the last section; be-
cause 1t might turn out, on 1nVeSuSa-
ton, that the party making the pre-
emption or homestead entry had neg
lected to perfect his title, thus allow
ing the government to turn the Sec
ton over to the railroad company.
Yet, whenever the selection Of the odd
numbered section in the indemnity linn
it was duly made together with the
announcement that the same section
had previously been taken by a pri-
vate citizen, and when, moreover, the
citizens presumption or homestead en-
try was found to be still in force, then
the company was given the privilege Of
taking an equal amount of land any
where along its line, in even or odd
numbered sections, within the indem-
nifty limit Of twenty miles on either
side of the road. The lands thus taken
were styled 'lieu" lands, being granted
in lieu Of the lands primarily intended
for the railroads.
In the application of the act misconcep-
ton appears to have arisen in the minds Of
the officials Of the interior and land depart
ments. This misconception held sway for
many years. 1t was to the effect that unless
t. department was fully advised that a
presumption or homestead entry was going