The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-12-19

CANAL COMPANY
RETAINS LANDS
HOMEsTEADERS IN NORTHERN
MICHIGAN LOSE HOLDINGS.
Tracts Were First Part Of Railroad
Grant and Later Certified to the
State for Ship Canal Subsidy Pur-
poses-Iiistory of 4 Some Famous
LITIGATION
II TN. e. ~
1 Ia Tho YnI1riia1 -


Marquette, Mich, dec. by a decision Just
made by the seeretarySor me interior IN the &C
against the Canal company, a long list of cases
involving valuable lands has been closed after
litigation extending lover many years. The opln-
ion of the interior department is In favor OF the
Canal company. =. -
The lands involved were within the limits of
old railroad grant made III 1856 for the con-
struction of railroad from Ontonagon to the
Wisconsin state line. The time for the construc-
ton Of the road having long since lapsed and
the lands having been formally released to the
United States by the governor OF this state, the
grant was deemed to- have expired, and the
lands were certified about 1871 to the state as
part Of grant made to it to aid in the construc-
ton of the ship canal from the head Of Portage
lake. Keweenaw point, to Lake Superior, known
as the Portage lake and Lake Superior ship
canal the title to the tracts so certified after
wards becoming vested in the Lake Superior Ship
Canal, Railway & Iron company, better known
as the Canal company.
About 1881 the claim was made that the sur
render by the governor was unauthorized ana that
the railroad grant was still in force. new
company known as the Ontonagon & Brule River
Railroad company, was organized to construct
the railroad provided for In the original grant.
On its application the legislature, assuming that
the grant was still in force, conferred 1t upon
this new company. About that time large
number of persons made application for home
stead and pre-emption locations on these lands,
claiming that they were lands of the United
States, but all these applications were rejected
on account of conflict both with the railroad land
grant and with the canal selections.
! Canal Selections Confirmed.
The respective claims Of the Canal company,
the railroad company and the homestead and pre-
empt1on claimants were the subject of much dis
cussion from that time until March, 1889, when,
by act of congress the railroad grant was de-
clared forfeited for failure to construct the
road within the time limited, and the canal
selections were confirmed. Prior to this the liti-
lopao tho no6 fhn To mol
company had been started by the institution Of
ejectment suits. Three Of these were selected
as test cases were tried in the United States
Icourt in July, 1880, among the attorneys being
Don NJ. Dickinson, for the homesteaders, and
Judge John f. Dillon of New York for the com.
pany. + a..>,' = 49,. -:
Two of these cases were decided in favor Of
the Canal company, and the other in favor of the
homesteaders and all were appealed to the SUI
preme court of the United States. By the decis-
ion Of these cases by the latter court, in 1894.
it was settled that the surrender Of the lands
by the governor was invalid, that the railroad
grant was still in force at the time Of the selec-
tion Of the tracts under the canal grant, and
that the selection was void; but, also, that the
canal selections were confirmed by the forfeiture
act Of March, 1889, except as against bona fde
homestead and presumption claimants whose
claims were in existence and asserted by ac-
tual occupation of land on the LIST Of May, 1883.
Appeals Taken to Washington.
This decision was followed by the applications
Of about 100 persons, filed in the Marquette
land Office for the adjudication and confirmation
of their claims as against the Canal company.
These applications covered seventy-three distinct
parcels Of land, varying from forty to 100 acres
each, and upon several of them were two or three
contesting claimants. These applications came
on for hearing before the land officials in the
spring of 1895. The register and receiver decided
every case against the Canal company except
one. All these cases were appealed to the COM
soner Of the general land office, the contesting
claimants against: whom decisions We're made
appealing as well as the company. -ll5ss
" examining the proofs in all the cases, vert Of
the opinion that the majority of claimants had
utterly failed to establish bona fde homestead
and prescription claims existing on May l, 1888,
and that the others might be considered doubt
full The Canal company thereupon made offers
of settlement to those claimants who were con-
sidered as having some chance of success. and
these offers resulted in the settlement of thirty
nine of the by which the claims were
Withdrawn, and the Canal companys title was
affirmed. The remainder Of the cases, inyolv-
ing locations claimed by fifty or sixty different
claimants, were deliberately argued OH briefs be-
and all except one were decided by the COM
missioner against the homesteaders thus
6rming the title of the company. Most Of these
cases were appealed to the secretary Of the In
terror including the one decided against the
Canal company. Decisions have been made by the
secretary Of the interior from time to time, and
the cases Of Fisher and Graham complete the
list. All have been decided in favor Of the
Canal company. Fss
b NEW RICHMOND, Wis lderman Marcus S.
Bell, prominent in the public affairs Of New
Richmond, died Of q complication Of stomach
February. 1874, came to ST. Croix county In 1850,
and sln engaged ~ farming and numbering opera.