The Irish standard., 1897-03-20
IMPORTANT DECISION.
Ireland Wins in the Fa-
NOUS indie unity Cases.

Archbishop Ireland WINS In the "a"
-. NOUS indie unity Cases.
A St. Cloud, Mimi, dispatch Of the
18th inst. says: -".
Receiver G.. F. Macdonald and x.egis-
ter Theodore Bruener of the United
States land office today promulgated the
most important decision that has ever
been issued from this office. by granting
the application of John Ireland to pur-
chase certain lands situated in Traverse
county, as provided by section 5 of the
act of March 3, 1887. The application i'll
volved about $4,000 acres lying in Tray
erse county, within what Is gnown as
the indemnity belt Of the main line of
the St. Paul. Minneapolis & Manitoba
railroad company.
Minnesota's fertile farming lands, and
were selected by the company as indem-
nifty for lands lost in the St. Vincent ex-
tension. The department held that this
could not be, that they were two separate
grants, and the selections were Cancelled
Oct. %, 1896. Pending the period when
these lands were held as indemnity the
company contracted to sell more or ess
of the same and Rev. John Ireland, now
archbishop of St. Paul, made arrange
ments with the company as far back as
1878 or 1879, by which he located a con-
siderable number of settlers upon these
lands. In 1880, he made an agreement
with the company by which he was
given the sale and exclusive right until
Dec. 81, 1881, to place settlers upon these
lands, and many were placed there. They
were to receive title from the company
when it received patents from the gov
eminent. On March 80, 1883, another
agreement was entered into by the
bishop and the company, by which he
was given the right to purchase for him
self or such parties as he might desig-
nate any or all of the lands included in
tie contract, not to exceed $4,000 acres.
Of these lands he contracted to sell a.
large area.
Where lands sold by the railroad COM
panies, as in this case, revert to the gov
eminent, the act of congress Of March 3,
1887, permits the purchase from the COM
pany to buy the same from the govern
ment at the ordinary price Of govern
ment lands. The principal point at issue
in this case was as to who was entitled
to the privilege of this act. Those who
purchased from Ireland claimed that he
was only the agent of the company, and
that they were the real purchasers.
The decision is voluminous and covers
all points, In BRIEF 1t is that the parties
who bought from the railroad company,
through John Ireland, prior to March 80,
1883, can purchase under the act of
March 8, 1887. The register and receiver
also hold that John Ireland's contract of
March, 1883, was valid purchase, and
that he can buy from the government
under the act of March 3, 1887. The de-
cision, among other things, says that "in
view Of the liberal construction placed
upon contracts of this character by the
interior department" which are pointed
out, and in view of the way the parties
to the agreement have construed the
same, the register and receiver hold
that on the 30th day Of March, 1888, the
st. Paul, Minneapolis & Manitoba rail-
way company agreed to sell to John Ire
land the tracts of lands herein applied
for" The decision closely follows the
rulings OF the department.
It Is probable that the case will be
es11ied to lard ,,itss The
{ The intesi