Omaha daily bee., 1897-07-22
CLAIMED BY UNION PACIFIC
Road Calls in the Power of the United
States Court.
POSITION IS CONTESTED BY THE SETTLERS
Controversy Mt Medicine Bow Over
the title to Some Town
Lots-History of the
Trouble.

There Is a real hot fight on between a
number of citizens of Medicine Bow. Car
bon county, Wyo., and the Union Pacific
Railway company, the bone Of contention
being the issuance of ejectment papers by
the United States court against a number
Of settlers Of that town. AS stated in a
special telegram to The Bee yesterday a
test case will be made by c. e.. Cooper,
who has been served with ejectment papers,
and who declines to buy the property in
question, maintaining that the Union Pa
cifc Railway company is not the owner of
the land in dispute.
The claim of the settlers who refuse to
recognize the ownership of the land by the
Union Pacific Railway company is that the
land in dispute is owned by the govern
ment, and that no railroad company on
earth can force them off. The officials OF
the Union Pacific maintain that the land
10 company property, and quote an act OF
congress passed on JUNE %, 1874, to sup
port their position. The whole controversy
arises from the fact that section 8, % north
rs west, in which the town of Medicine
Bow is located. is not one of the sections
originally granted the Union Pacific Rail
way company, but is a section that has been
transferred to the railway company since
tho building of the line, and in lieu Of an
other section transferred by the railway to
tho government.
Inspection of the map of Wyoming shows
the possession of odd numbered sections o
land by the Union Pacific, except in the
case in question. Section s was a govern
nent section, but it's ownership by the Unior
Pacific is explained by the officials of tina
| company as the result of a transfer. Sec,
lions so obtained are known as Indemnity
lands" The act OF congress referred t.
gave authority to the Union Pacific to MAKE
selection of such lands, for the relief of set.
tiers on railroad lands" The transfer of sec.
ton 8 to the railway company was made al
the request of the Union Pacific. What seq
ton possessed by the Union Pacific was given
to the government in exchange for section
8 Is not known.
SOME ANCIENT HISTORY.
AS a rule, all even numbered sections art
government lands, but by reason of the eX'
change made by virtue of the act Of June
%. 1874. there is an exception. The people
Of Medicine Bow still insist, however, tina
section s is government land and refuse Il
recognize the railways ownership as valid
The land department of the Union Pacific
has made a heroic effort to settle the con.
trOversy without going into the courts, but
has signally failed. B. A. McAllister, super
intendent of the land department, thought
the matter could be adjusted by reducing
the price Of lots in the disputed section anG
offering to sell them on easy terms. This
has been tried for the past six months, but
without avail. The appraisement of the lots
made when they were placed on sale OF
June 8. 1891, shows prices ranging from 81;
to $40 each. The next appraisement was
made on December 3, 1896. when a policy
of Cancellation was decided upon. This ap,
Draisement shows the prices of the SAINT
lots as were formerly rated between 81
and $40 to range from $35 to $40 each. q
general cut of so per cent having been made
But even at these reduced rates the settlers
on the lots in section s refused to buy.
They insisted that they were living on gov
eminent land and promised to soon obtain
possession Of the lots for themselves. The
cut prices were allowed to remain in effect
until a few days ago. Then the Union Pa
ciic officers determined to adopt another
course, and instead of cutting the price OF
the lots down any lower, as they maintain
the people of Medicine Bow expected, they
decided to secure papers Of ejectment against
them. Accordingly such papers have been
served on a majority of the citizens of the
little place, ard the result of the test case
in the United States court will be awaited
with much interest.