St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-03-03


by the railroad company, should be certified
to the state for that company. Such, at
least, is the charitable construction placed
by Mr.. Stringer upon the action Of the
Washington officials in certifying hundreds
OF thousands of Minnesota lands to railroad
companies in sections which were already
covered by presumption or homestead entries
In many cases the citizens making these en-
tries remained on the lands cultivated them
and considered that they owned them for
years after the section was certified to the
railroads, until. with the aid of the district
courts of this state, the settlers were elected
from their homes because, according to the
state laws. the section had been duly GER
titled to the railroad company by the federal
government. More recent examination, how
ever, into the intent Of the act of 1857 con-
WINGED the interior department that, unless
1t was matter OF record that presumption
or homestead entry had legally become void
the government had acted without authority
In granting the section covered by such en-
tries to a railroad company. This is the
ground for the attempted recovery OF the
much greater part of the land involved in
the present suits.
Another ground alleged reflects more di-
rectly upon the railroads. 1t is said that,
in not few cases. railroad finding that
the original odd-numbered section was taken
by citizen, and that the corresponding odd
was also covered in like manner, would
my fail to notify washington t that
ton. The company, on the contrary, would
file at once a REIMBURSEMENT of the second
section, especially il that section happened
to contain inferior lands. For it was pos
sible that the presumption or homestead
entry might prove defective. and the railroad,
If 1t had selected the section, according to
the requirements of the act. would then be
compelled to take the low grade lands. Hast
lily sending in it's Accomplishments. the COM
pany would HE itself to some fat Egyptian
acres, anywhere in the even-numbered sec
tons in the lieu" lands. and take many
acres as it had relinquished in the rejected
section. This was an agreeable proceeding
in the view of the railroads, but it was a
clear violation of the act Of 1857. Yet not
few choice spots have been thus appropriated
by the various companies from among the
lieu" lands.
1t was in 1891, as has been mentioned that
the act was at length passed calling upon the
attorney general of the United States to
begin proceedings for the recovery of the
lands, either unlawfully certified to the rail-
roads by the national government or unlaw
fully selected by the railroads from among the
Lieu" lands. An action on almost the same
lines was begun some time ago by the gov
eminent against the Winona & st. Peter road,
and is now before the federal supreme court.
But this action is not supported by the argu-
ments that have been more fully developed
in the present. litigation. Since the middle OF
January Mr.. Stringer has been receiving inn
mense bundles Of documentary evidence and
Instructions from Washington. He has begun
his various suits in what are known as the
Winona, Mankato Minneapolis and Duluth
districts" The last paper was sent to Du-
luth in charge of one of his assistants yester-
months will be required to complete the
pleadings alone, and three years will not see
the last of this litigation in Minnesota
coed along Gn't the '' lines laid down by Mr..
Stringer, would be more injurious to the
railroads than to many citizens who have
purchased these lands from the companies 1t
has been practically decided, subject to the
approval of the supreme judges in the earlier
case against the Winona e st. Peter road,
that bona-fde purchaser from the railroad
nT1NTNo xrifhn lrTnr Lodi nf hn
ment's claim. should not be held responsible
for wrongful possession on the part of the
railroad company. Such bona-fde purchaser,
and any person to whom his title descends,
will probably be allowed to obtain clear
title to his land by paying the government
the $125 or $1.50 per acre that would have
been originally demanded of a person making
presumption or homestead entry. But the
company, Mr.. Stringer believes, would still
be liable, Mr.. Stringer believes, would still
value of such lands, inasmuch as 1t is not GER
tain that the land would have been sold at the
presumption price, had the railroad company
not secured it. This point, however, will
have to be decided by courts of equity.
But in cases where the government still re-
tains the disputed land unsold, the govern
ment will probably demand either the identi-
cal land or compromise on its present Valua-
ton. AS to the respective claims OF bona
fide purchaser as against citizen who, nav
ing originally made a presumption or home
stead entry, was elected by the company
previous to the sale of the land, Mr.. Stringer
is not decided The question, of course, pre-
sents complications. Again, 1t is not ad-
mitted that the government will protect the
rights of any but bona f1de purchaser.
In the suit against the Winona st. Peter
company, brought by Mr.. Stringer, supple
mental to the previous action against the
same road, 1t appears that the greater part OF
the company's lands had been made over by
the company to secure money due from the
latter to the Winona d st. Peter Land COM
pany, who, in turn, sold the land to settlers.
These lands, by the way, are among the rich
est in the southern tier of Minnesota coun-
ties. But the land company was not bona
fide purchaser, and 1t is probable that the re-
dress Of present holders of land, should the
government succeed, would be sought from
the railroad company and not from the gov
ernment.
Mr.. Stringer cited these cases as proving
the folly of the bill recently introduced by
congressman from Iowa, making district at
torneys salaried officers. The bill allows
Iowa $40, 900 and Indian territory $4,000
year, while Minnesota gets but $4,000. Yet
Minnesota has as much business in this de-
partment as four Iowas or all of the Indian
territory.
The fee system, on the other hand, gives the
district attorney S. a day for each day spent
in court and $40 as full payment for attending
to any civil suit instituted in behalf of the gov
eminent. A moderate estimate would allow
solid years work for the district attorney be-
fore these dozen land suits are decided. This
estimate covers the aggregate labor which will,
of course, be interrupted by the trial of many
other suits. The dozen suits, at $40 each,
bring Mr.. Springer $240 His per diem for
year would be about 81, 800. The total result Of
twelve months passed in prosecuting suits in
income of about 81, 800. Such is the fee system!
Mr.. Stringer will be obliged to search the
records of counties in every part Of the state
for the descriptions of more than 1000 prop
critics, and he expects that, inasmuch as every
ten holders, at least, will employ an attorney,
the government will receive upwards of 200