Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-06-04
Title to Large Tracts of Land
In O'Brien County Affected
by Courts Decision
FAvoRs THE HoMEsTEADERs
Supreme Court Holds That the Rail
road Was Never Completed From
Sioux City to the South Line of
State of Minnesota as Designated by
Congress.
Congress.
Special to Times Republican.

/
Sioux City. June little to nearly
$4,000 acres of land in O'Brien and
| Dickinson counties is affected by de-
cision just rendered by the supreme
court OF Elmira Nepper VS.. John A.
| Sands. which was tried in Sioux City
| and appealed.
| The supreme court decides the case
| in favor of homestead settlers on the
land, as against the persons who pur-
chased the same lands from the Sioux
City and st. Paul Railway Company.
The supreme court holds that the
railroad was never completed from
Sioux City to the south line of the
state of Minnesota as designated by
congress; that only 5613 miles were
completed. the line being started from
the south boundary of Minnesota and
built south to LeMars.
Congress authorized the government
to convey 100000 acres of land to the
state of Iowa for the use and benefit
of the Sioux City and st Paul railway
and by an error the government con-
veyed to the state 40T.S70.21 acres for
this railroad company. The state,
however conveyed but 49,, 900 acres to
the railroad company, this being 1000
acres more than the amount author
lied by congress.
There We're S5,45740 acres more than
We're needed and the state of Iowa con-
veyed back to the government 26.-
01T.33 acres lying in Woodbury. and
Plymouth counties. This left 2l,692.1S
acres remaining in O'Brien and Dickin-
son counties. and the St Paul Railway
company proceeded to sell it IN farms,
altho homesteaders had settled there
on and built extensive improvements
upon 1t. Now the supreme court de-
clares the homesteaders may stay
there.
Col. NJ. B. Davis of Sioux City. one
of the attorneys for the homesteaders.
has received word of the decision and
is much elated over it. The question
has been in litigation for fifteen years
and many attorneys in the northwest
have been concerned in the forty or
more law suits which are pending.
The decision just rendered may re-
rest of the cases.
The Nepper- Sands case was carried
from Sioux City. where it was de-
cided by Judge Shras IN favor of the
homestead settlers. to the United
States court of appeals at st. Louis,
where 1t was argued orally in Novem
her, 1902.
Before giving an opinion the court
of appeals certified two questions up
to the United States supreme court
for determination. One was whether
1.-THE legislature of Iowa, in it's act of
March IS, 1882, resumed all of the UNI
earned lands of the railroad company.
and the other was whether the contract
purchasers from the railroad company
were purchasers in good faith, know
ing that the settlers had built extern
sive improvements thereon.
One more of these cases is pending
in the supreme court of the United
States, that of Benner VS.. Lane. 1t is
set for trial at the october term.
the court OF appeals at ST. Louis
will decide the cases as indicated by
higher tribunal.
Twenty-fiv of these cases are pend
ing in the United States court at Sioux
City and We're continued at the last
term until October.
The supreme court Of the United |
States holds in substance that the
railroad company did not earn the
lands.
The railroad in controversy now be-
longs to the Chicago. st. Paul, Mime
apolis and Omaha Railroad Company.