The Saint Paul globe., 1896-12-01
MIR. sPooNER DEFENDED.
Land Act, Whose Passage He Is Said
to Have assisted, Is Explained.

Referring to recent editorial in the
G o e that tensures Mr.. John Spooner for
his connection with certain legislation,
would like to give you the facts. The act of
congress in relation to railroad land grants
on which the criticism is based, is chapter
976, page 556 United States Statutes at
Large, Vol. "a. 1t was approved March g.
1887. 1t is entitled "An Act to Provide for the
Adjustment OF Land Grants Made by Con-
gress to Aid In the Construction of Railroads
and for the Forfeiture of Unearned Lands
and for Other Purposes" 1t contains seven
sections, but the only ones which are import
ant as bearing on the point we are speaking
of, are Sections and f. Section Stating
it briefly provides: Whenever it shall appear
on the complete adjustment of any grant made
to a railroad 3thatsiany lands have been for
any cause erroneously certified or patented to
or for the use Of a railroad company, tho
secretary of the interior shall demand from
grantee a REIMBURSEMENT or re-conveyance
to the United States of all lands so erroneously
cert ~ or patented.
Then Section 4 (briefy stated provides
That where 1t shall be found any of such
lands SO enormously certified or patented
have been sold by the grantee company to
citizens of the United States or to persons
who have declared their intention to become
such citizens, and who are purchasers in good
faith, such purchaser, his heirs or assigns
shall be entitled to the lands purchased
upon making proof of the fact of such pur-
chase at the proper land office within such
time and under such rules as the secretary of
the interior shall prescribe, and patents of
the United States shall issue to such pur-
chasers for such lands; and that the secre-
tary of the interior, on behalf Of the United
States, shall then demand payment from the
company to whom the lands were erroneously
certified or patented, and which has so dis
posed of them, of the government price Of
similar lands, and the attorney general shall
cause suits to be brought against such COM
pany to recover the said amount.
The provisions Of Section are those which
! understood your criticism of Senator Spooner
is based upon. There never a more
equitable, just and necessary provision than
that in Section 4. Land grants had been
made by congress for nearly fifty years, cover
ing enormous territories from the Mississippi
river aad the great lakes through all the
country to the Pacific ocean, and it had
simply been beyond the capacity Of the land
department tod identify and adjust all these
grants, and matters: were and had been dur
ing the whole time, in hopeless confusion
and uncertainty. The result was that railroad
land to which they were entitled but in the
meantime the settlement of the country had
been going on. which was exactly what con-
gress intended to- promote In passing the
railroad land grants. 1t would have been the
height of injustice and great public calamity
to have deprived these bona ide settlers and
purchasers of their titles after they had bought
IN good faith from alrailroad company, simply
on the ground that the United States had
made mistake in patenting the land to the
railroad cempany.5 Therefore congress saw
fit to provides and this provision has been
made more explicit in an act passed March
last, that bona ide purchasers from rail-
road companies should not be disturbed in
their titles. but the railroad company should
make good to the government the government
price of the land. No provision could be
more equitable, and it has never to my knewl-
edge been criticised, at least by any man
who favored the rights of the people. do
not know the part which Senator Spooner
had in framing or suggesting this section
but whoever did it is entitled to public graf
itude instead OF censure.
ST. Paul, Nov. so, 1896.