Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-09-13
may COST large SUN
More About Judge Shiras' De.
cision in the O'Brien
Land Cases.
Ii Ruling is Sustained by Higher
Courts Railroad Will Have
to Pay.
Estimated That Sioux City & st.
Paul Will Have to Re.
fund $4,000.


Judge Shiras, of the federal court, in the
famous O'Brien county land cases will.
il sustained by the higher judiciaries,
probably cost the Sioux City & st. Paul
Railroad Company something like SILL
1925.
The "unearned lands claimed by this
railroad company under the original
grant amounted to 21,692.1S acres, that
figure being specified in the 1895 decis-
ion of the supreme court, which re-
stored the title to the United States. or
this acreage, practically all was sold,
and at an average price of about $3.50
per acre. The land is actually worth
about $50 an acre, but it was sold at the
lower figure because of the imperfect
title. Now, since the federal judiciary
has held that the railroad has no title to
this land, and since the last decision of
Judge Shiras has practically held that
the purchasers We're not innocent pur-
chasers and are not entitled to the land,
attorneys believe that the buyers can
recover whatever money has been paid
to the railroad company for the land
1T is my opinion that the purchasers
can recover from the railroad" said M.
B. Davis. who was retained as counsel
in the O'Rrien county cases. In my
briefs I regarded the sale of land after
the 1887 act as speculative act. / found
that seven individuals had made fifty
| nine purchases, including $3.50 acres,
and this certainly does not indicate that
the purchasers were bona f1de settlers.
| IL
\ poses / think the sale of these 'un-
earned lands as conducted by w. p.
| Jewett, of ST. Paul, land commissioner
for the Sioux City & ST. Paul railroad
is generally regarded as simply the dis
posal of Jewett's prospect of securing
title, and he seems to have regarded
that in about the proportion of s12. so an
acre to $50 an acre"
The railroads. troubles began when
| the remedial act of March 8. 1887, was
passed by congress, providing for the
4 adjustment of land grants to which rail-
road companies were not entitled by
reason of their failure to comply with
the necessary conditions. Immediately
after this act the railroad company be-
i gan making contracts of sale calling for
9. series of cash payments. Then, under
the 1887 act, suit was begun by the
United States against the Sioux City &
ST. Paul Railway Company to recove,
title to the unearned lands, and the s,l.
lpreme court, in 1895, held against ths
railroad and restored the land to the
government. The land was opened to
i bomesteaders, and practically all of i,
is now contested between the grantees
of the railroad company and the paten-
tees under the homestead act.
The original contracts of purchase
made by those who bought portions OF
this unearned land contained this pro.
vision:
In case the said second party shall
pay the several sums of money afore
| said, punctually. and at the severa
times above limited and shall strictl,
, perform all and singular the agree
| ments and stipulations aforesaid, ac
cording to their tenor and intent, thel
the first party will make unto the sec
ond party. heirs or assigns, deed con
= Veying said premises in fee simple, Will
the ordinary covenants of warranty
The fact that the purchasers are en-
!, titled, under the above contract to de
, mand warranty deed from the rail
! road company is equivalent to guar
anty of title by the railroad company
and failure to establish title after con
veyance of warranty deed is recog
nized as giving the purchaser right t,
recover the purchase money.
But 1t would appear from a supple
mental contract made by the railroa,
company that it was the intention O
the railroad to refund the purchas
, money in case of failure to esta blisl
/! title. These supplemental contract
e We're made with an unknown part o
A the land purchasers. after suit was be
!. gun against the railroad company Il
t 1890 to recover title to the land in con
r troversy. The supplemental contrac
a was to the effect that If the suprem
e court should finally decide adversely t
: the right of the railway company t
hold the lands under the grant, the pur
chaser would surrender his contract c
purchase to the company, upon pay
ment to him by the company of a
money received from him.
The secretary of the interior hel
u this supplemental contract to be a
annulment of the first one. but Judg
! Shiras decided it was nothing NOR
than stipulation as to the measure {
udHldSeS lHe purchaser NoQiu Uc eutl
tied to recover.
: The supplemental contract would un
questionaby give all holders the RICH
to recover the purchase money.
: Besides the right in recovery, which
: implied in both of the above contract.
attorneys believe that there is ful
;. Their chance for the purchasers to recoy
: err under a clause in section 4 of tn
: congressional act of 1887, which reads
provided that nothing in this az
> shall preeynt any purchaser of lands e,
roneously withdrawn, certified or pat
: ented as aforesaid, from receiving tn
purchase money therefor from tn
grantee company, less the amount pal
to the United States by such compan
as by this act required"
The question which arises In apply
ing this provision to the purchaser
= from the Sioux City & st. Paul Railwa
:. Company is to be found In the fact tha
y the land in this particular controvers
was sold by the railroad after the pas
n sage of the above act; and, that bein
remedial act, it is doubtful whethe
9 it will apply to land sold after its pas
y sage.
nd A. L. BolIinser Dead.
i'll Davenport, Sept. ia. L. Bolinge
.e president of the sieg Iron Compan.
is died suddenly yesterday of paralysis
N the heart, induced by acute indigestion