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

NSSf - - ~ RA'NA "
000, 900 acres Of land now claimed by this
Atlantic and Pacific railroad viii reveri
to the United States il the president ap
proves a bin sent 10 him today.
The atlantic and Pacific extend
from albuquerque, n. NJ. to The Nee.
dies, Cal, and is a part Of the grea'
Santa Fe system. When 1t was char
tered 1t received the largest tract o
land eve given by the government t,
a corporation. Ii was larger thar IN,
Union Pacific and Central Pacif,
grants put together. 1t was man.
times larger thrn the Northern Pacih,
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 get the full amount Of the lands
because some had already been taker
by others, but it proposed to claim al
that was left. In Texas no grant wa,
made. though the route passed through
that state, because the government hac
no lands there. In Indian Territory
hAhNh 80 AaN NAANA AHiAiNAaAAA VI @'EH
500, 900 ACRES. In the Territory Of NeN
Mexico, from the Texas line To Ysleta,
a distance of about go miles, the total
amount Of granted and Indemnity lands
reached $500. 600 acres. In California
the moun of lands, both granted and
indemnity, reached 1908, 800 acres,
making a total of II, 193. 600 acres.
Failed To Meet the Conditions.
NJ A-lglgA.a -. .ls-N - - -
were granted was that the railway com
pany should build IA line from Spring.
field, Mo-, to San Francisco. IL did. in
fact only build a line from Albuquerque
New Mexico, to the Needles, and
though 1t a not earned the other
lands. ii mortgaged them along with It's
railway rolling stock, franchises and
other property. When the mortgage
was foreclosed 1t naturally included
everything, the unearned 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 reorI
ganization of the Atlantic and Pacific
was effected and the old corporation
was wiped out of existence Il becamd
necessary to get a charter from congress
for the recognized company. MI
lowers of Vermont, chairman of th(
Pacific railroads committee, offered TIL
bill for the purpose in the house, AM
1t was so drawn as To really upe.ite al
an enabling act. 1t practically declared
that the act of 1871, granting these lands
to the railway company gave the com.
pany power to enter all the lands
hn1naH or nnnn1upal II ,l3I "a, P,,t IA,
express terms, vest in the r~eorgani2eG
company all authority "to hold and pos.
sess the franchises and property" sold
under the mortgage, and this property
alluded to embraced the unearned land.
which the Atlantic and Pacific company
had m~ortgaged 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 it SHOULD
be amended SO as to compel the RAILWAY
company to reconvey all unearned land.
to the government, so that they shoulc
be restored to the public domain. lie
offered an amendment to the bill IL
these words:
Provided, further, hat as a condi,
ton precedent to reorganization the
purchasers Of the railroad property and
their associates shall relinquish i'm writ
ing and convey To the United Sta tes (bN
a proper deed or instrument to be filed
with and approved by the secretary Of
the interior within six months after The
passage of this act, and before the aci
shall take effect all claim, right. title
and Interest to all lands granted to thu
Atlantic and Pacific Railroad company
embraced within both the granted ano
indemnity limits where adjacent TO anc
co-terminus with the uncompleted por
tons of the road on July 8, 1896"
The house about "a month & adopted
this amendment. The bin then went t
the senate. There It was furtheI
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
by the senate several days ago and b..
the house yesterday.
A decision Of the supreme court OF
the same question since the bill was IA
ken up proves the wisdom of the hous'
in adopting Mr.. Cookies amendment, fot
the court held that the Atlantic and Pa
2ihc company had no right TO mortgag,
ernment's title in them is unimpalred.