Morris tribune., 1903-12-05
4R { Ian D v ms
DECISION BY UNITED STATES
SUPREME COURT.
The Famous sIreIand Land Cases"
Involving Title to 10000 Acres
of Land is after Fifteen years of
Litigation, Decided by the Court
of last Resort.

Monday fled decision in the case
of John P, O,Connor of st. Paul
against Henry Certgens of Big Stone
county, which was test case upon
the determination Of which many 9th.
er actions depended. Mr.. OConnor,
who is secretary of Archbishop Ire,
land, having purchased tract OF
land, the title of which was Of such
character that it's construction raised
every question involved in all Of the
other cases, an action in his name
was begun and prosecuted to the fed
eral court of last resort.
The decision is the elimination OF
fifteen years of litigation growing out
= of an informal contract between Arch
bishop Ireland and the St Panl, Min
neapolis & Manitoba Railway COM
pany in the year 1880. supplement.
ed by another, also informal, made
in 1883, for the purchase of about Co.
600 acres of land in Big Stone Ira
verse, Grant and adjoining counties
for the purpose OF settling colonists of
his religious faith thereon.
The lands were then supposed to
be included within the indemnity
grant to that company and applica-
Vfbie to DEFICIENCIES arising anywhere
upon the lines of the system. By a
decision of the department in 1884
the selections by the railroad comp
any we're held to be invalid and by
an act passed March 3, 1887, the same
and those of several other companies
in different parts of the country were
declared forfeited.
In the same act it was provided
that any citizen of the United States
who had purchased in good faith
any such lands from any railroad
company should have the prior right
to buy the same from the government
at the minimum price of $1.25 an
acre
: This Archbishop Ireland proceeded
to do as to the lands remaining un-
patented, comprising about 10000
acres. His application was resisted
at the local land Offices by numerous
persons, of whom Gertgens was one,
who claimed the land as honest cad
and presumption settlers.
They raised two objections to his
application: First, that inasmuch as
it had developed that the lands were
never within the grant to the railroad
company, they were always open to
settlement and their acts in that re-
spect gave them the prior right and |
did net leave them subject to dispo
sitions By the act of 1887; second,
that Archbishop Ireland was not a
in good faith within the
NJ gaming of the act, because he held |
no valid contract, but only an agen
c. under the first agreement and an
option under the second.
The local officials held against the
settlers on both points, and their de
cisions were affirmed on appeal by
the commissioner o. the genera. land
office, and upon review by the score
tary Of the interior, whereDpon pat.
ents were issued to Archbishop ire
land for those lands vet unsold and
toshis respective grantees for such as
had been sold.
Meanwhile the lands had greatly
appreciated in value, and are now
considered to la worth frDm f25 TO
$35 per acre. and the settlers have
raped the successive crops. De-
mand for possession or settlement be-
ing refused, the litigation ensuAd and
the settlers, who previously had Sc
cnred legal advice that their settle
ments would he sustained formed a
syndicate for defense.
Former Senator E T. Young com
paenced the suits for Archbishop Ire
land. a stipulation was entered into {
for the trial of the Gertgens case AS a
est suit before Judge B F. Weber {
OF New Uim.
Former Senator Hiram Stavans
was then associated in the interest Of
Archbishop Ireland, and tire case
came on for trial in June. 1901. Mt
Minneapolis, The trial was protract.