Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1897-03-06
An IMMENSE AREA AT STAKE
Title to Millions of Acres of Liant
May Pass.
Bill e 20 the President for Ap.
prevail Involving 4O.OOO.OOO
Acres of Land Granted
"a Railroad.

Washington. Feb. 26.-More than 30,
OOO, 600 acres II land now claimed by tins
Atlantic and Pacific railroad viii Teveri
10 the United States IL the president ap
proves a bill sent 10 him today.
The ktlantic and Pacific extend
from Albuquerque, y. NJ. to The Nee.
dies. Cal, ana Is a part OF the grea
Santa Re system. When il was char
tered 1t received the largest tract .
land ever given by the government; t'
a corporation. Il was larger th5n ~
Union Pacific ana Central Pacif,
grants put together. II was man.
times larger than the Northern Paclh,
grant. The grant embraced the alter
nate sections IN a strip Of fifty mile
wide along the proposed route Of tn
railway extending from Springfield
Mo, through Indian Territory, New
Mexico. Arizona and through CalifOr
MIA to Sen Francisco.
In California the railway could no
hope to geL the full amount Of the lands
because some had already oeen takei
by others, but it proposed 10 claim Al
that was left. In Texas no grant wa,
made, though the route passed through
that state. because the government hat
no lands there. In Indian Territory
there wa the enormous amount Of 90.
500, 900 acres. In the Territory Of NeE
Mexico. from the Texas line TO Ysl-t3,
a distance Of about 260 miles, the total
o Of granted and indemnity lands
reached $500. 900 acres. In California
the amount Of lands. both granted and
indemnify, reached Il, 1913, 900 acres,
making a total of Al. 1873. 800 acres.
Failed "a Meet the Conditions.
The conditions on which these lands
were granted was hat the railway com
pany should build a line from Spring
field, Mo-, To San Francisco. II did. in
fact only build a line from Albuquerque
New Mexico, 10 the Needles, and,
though it had not earned the other
lands, il mortgaged them along with its
railway rolling stock. franchise and
other property. When the mortgage
vas foreclosed It naturally included
everything. the unaarned government
lands with the rest. and the new owners
of the railway expected TO get every
thing covered by the mortgage.
When the recent foreclosure and reor-
ganization Of the Atlantic and Pacific
va fAAfNt+' am tiIF ~ WI l''A HAAtI
was wiped out Of existence Il became
necessary 20 get a charter from congress,
for the recognized company. Nj
Powers Of Vermont. chairman of tht
Pacific railroads committee. offered m
bill for the purpose in the house, an
it was 50 drawn as 10 really ope=ite a.
an enabling act. IL practically declared
that the act Of 1871. granting these lands
TO the railway company CAV the com.
pany power to enter all the lands
earned or unearned. It did in fact. H.
express terms, vest in the r~eorganiZet
company all authority TO hold and pos.
sess the franchises and property" s,li
under the mortgage, and this property
alluded 10 embraced the unearned land,
which the Atlantic and Pacific company
had mortgaged without owning them
Amendment by Mr.. Cooke.
Mr.. Cooke OF Chicago. attacked the bill
On this account and through all the Ion.
tight in the house insisted that il snJul,
De amended 50 as 10 compel the railway
company 10 ~reconvey all unearned lands
90 the government. 50 that they Should
De restored 10 the public domain. lie
offered an amendment 70 the bill ir
these words:
Provided, further. that as a condi
-iOn precedent 10 reorganization the
purchasers OF the railroad property ant
their associates shall ~Tslinquish in wric
ing and CONVEX TO the United States (by
A proper deed or instrument to be flee
with and approved by the secretary 81
the interior within six months after the
passage Of this act. and before the &C
shall take effect all claim, right, title
and interest to all lands granted 70 th'
Atlantic and Pacific Railroad company
embraced within both the granted anc
indemnity limits where adjacent 10 ant
co-terminus with the uncompleted por
ions Of the road on July s, 1896.
The house about a month ago adopted
this amendment. The bill then went Il
the senate. There il was surtheI
changed SO that a conference was neces
sary. The senate and house appointed
cOnferees. The conferees reported in IA
vor OF dropping the amendments. Thii
report the house, after a long fight, re
fused to accept. Again the bill went t.
the cOnferees, and this time they report
ed in favor of retaining the amend
ments This second report was adopted
by the senar several days ago and b,
the house yesterday.
A decision OF the supreme OF
the same question since the bill was "a
ken up proves the wisdom OF the hous'
in adopting Mr.. Cookies amendment. 70,
the court held thai the Atlantic and Pa
cifc company had no right 70 mortgage
the unearned lands and that the o
ernment's title in them is unimpaired.