The Colfax gazette. [volume] (Colfax, Wash.) 1893-1932, 1901-01-11
HIGH COURT UPHOLDS
Supreme Body is Against the
Northern Pacific.
Opinion Comedies With the View
of Secretary of the Interior
Villas in 1888.

Washington, Jan. fin the United
States Supreme court today opinions
we're handed down by Justice Harlan in
several cases involving the question
whether it was competent for the secre-
tary OF the interior, upon receiving and
approving the map OF definite location
OF the Northern Pacific road in the
states of North Dakota and Washing
ton, to make an order Withdrawing odd
numbered sections of the lands within
the indemnity limits of settlement.
The test cases came from North Da-
knta, the title being Fred Hewitt, plain
till IN error versus Emil and Frederick
Schultz. The land in question was set
tied upon by Hewitt in 1882, but his
proof of settlement was rejected on the
ground that the land had been with
drawn in 1873 by the secretary of the
interior as within the limits of the
Northern Pacific indemnity.
The railroad company sold the land
to Schultze and his wife, and they en-
tered upon possession of it. Hewitt at
once began proceedings to recover the
land, and tO-day's decision, which is
final, has been in his favor, reversing
the supreme court of North Dakota.
The decision of the court supported
the holding of Secretary Villas, rendered
IN 1888, which decision has since been
followed by the interior department.
The court stated that, while it was true
that previous to that date the depart
ment had pursued the opposite course,
still the department had consistently
held to its findings since that time At
best, therefore, Justice Harlan said, the
contention of the railroad people was
one OF doubt. Many titles have been
acquired, said be, since Mr.. Villas opin-
ions were rendered, and the court did
not think the secretary should be re-
versed. The opinion added:
1.-The practice of the land department,
ii wrong at all, can not be said to be 80
plainly wrong as to justify the court,
after the lapse OF 80 many years, in ad-
judging that it had miscOnstrued the
act Of July 2, 1864. The order of with
drawal by the secretary, upon which the
title of the railroad company depends,
being out OF the way, there was no
ground to question the title of plaintiffs
to the land in dispute"
Justices Brewer and Shiras united in
a dissenting opinion. The decision af-
fects large number of land entries.
"The decision will not materially
affect Washington land cases." said W.
Il. Ludden OF the Spokane land Office.
There may be few of the oldest cases
which it will affect, but only few. The
act of Senator Wilson of January l,
1898, by which settlers who filed previ-
Gus to the railway cOmpany's filing OF
its maps of definite location are given
title to their land, does away with most
of our trouble.
Under the original grant the railway
company was given the odd numbered
sections on each side OF the railway for
20 miles. At the same time strips of
land 10 miles wide outside the 40 mile
limit were reserved, to be known as lieu
lands These lands were reserved to be
given to the railway company in place
OF the odd numbered sections on which
any settlements might have been made.
In claiming these lands, the company
was obliged to define the locations, in
lieu of which thew we're taken"