Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1900-05-26
TO AID SETTLERS.
Bill Before Congress to Aid Settlers
Where Suits are Brought to Cancel q.
#. HE' Deeds. s1s5.5555s
Endeavor to Effect Settlement Of Suits
for Land Brought by the North
0 ern Pacific.
Authorizes the Railroad Company to
Secure Other Land for Those in
S4. .5t5 Dispute.


Secure Other Land for Those in d
5@s Dispute.
Washington, May 26- The bill for
the relief Of settlers within the limits
of the grant Of the Northern Pacific
Railroad company, which was passed
by the senate a few days ago atN the
request of Senator Nelson, will afford
relief to a number OF settlers in north
ern Minnesota and in North Dakota
against whom the company has
+ brought suit for trespass and against
whom judgment has been rendered in
some of the courts. 5.5%.5. sss fai
The act of July 1, loyS, provided for
the adjustment Of the Northern Paci-
fic grant on a basis that would be ac-
ceptable to the company and the set
tiers. The substantial basis Of the
settlement Of conflicts was: 55.5 F b III u.
& That all settlers who were occupy
ing lands in which the company had a
claim were to be permitted to relin-.
quish their claims and take up other
lands elsewhere in lieu thereof; and
that where the settlers declined to re-
linquish and take UP claims elsewhere
the railroad company should be re-.
quested to relinquish their claim for
the benefit of the settlers, and upon
such nquishmeH should be entitled
I to receive indemnity land in lieu of
that relinquish IS NJ al is3si 4
This law has operated very benefi-
cially in the interests Of the settlers.
Scarcely any Of the settlers have re-
linquished their claims, but in al in
stances wherever the government has
called upon the Northern Pacific COM
pany to relinquish in favor of the set
tiers, the company has complied with
such request and obtained indemnity
land elsewhere. In consequence of
such relinquishments the settlers have
obtained complete title. Hundreds OF
settlers have in this way obtained rel
lief, and many settlers will continue
to secure relief under the benefcent
provisions Of this law. 81 rs tt3.
But the interior department. has.
held that the provisions of this law
do not apply to those cases, in which
patents have been issued to settlers,
for the reason that after the land has
been patented it has passed out Of the
jurisdictio OF the department and is
only a subject matter for the courts.
It has turned out that there are a NUM-
ber of cases within the indemnity linn
its Of the grant where settlers have OBJ
tanned patents on their filings and en-
tries, which patents the courts have
held to be invalid ii every instance
where they have come UP for consider
alton. Decisions have been made BY
the supreme court Of Minnesota, the
supreme court Of North Dakota, and
ths United States circuit court for the
district of Minnesota holding hese pat
ents invalid. "A large number Of suits
have been instituted BY the Northern,
Pacific Railroad company upon these
patents for the purpose Of canceling
them in Minneso ia, North Dakota,
Montana and Washing gton. From the
decisions that have heretofore been.
made by the courts in these cases it is
evident that these settlers Will lose
their claims and that the lands will be-
awarded to the railroad company.
The object OF the bill is to relieve
these settlers who are thus In jeop-
ardy, and to give them the benefit and
relief accorded to other settlers whose.
claims are in dispute under the act OF
July 4 1896, but which have not been
patented, Many OF the cases relieved
under that act are based upon exactly
! the same data and facts as these cases
where patents have been issued and
suits brought, the only difference being
that in one case the entry has been
perfected by the issuance of al patent,
while in the other case only final re-
{ @eelpLs nave Deen issued, here Isl as
much justice and equity iii furnish
ing relief in one case as In the other.
The bill only attempts to- cover two
Glasses of cases, toRit The class Sof.
cases passed upon by the. supreme
court OF North Dakota and the class
Of cases passed upon by the supreme
court Of Minnesota and the United
States circuit court for Minnesota and
these eases are analogous to those In
Montana and Washington.
1t will not enlarge the grant to the
railroad company; IT simply author
izes the railroad onpany TO relinquish