Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-06-26
Government Begins SUIT That
Is Expected to Clear O'Brien
Land Cases
MANY HoMEsTEADs INVOLVED
Grant Of Land to Railroad the Cause
of Many CIouded Tites-Decision
of the Court Will Settle Dispute as
to Who Is the RishtfuI owner.

Sioux City, June 26.-Notice has just
been sent out by the government that
Will probably result in ousting many
of the holders of $4,000 acres of dis
puted land in O'Brien and adjacent
counties and open part of this rich
Iowa land to homestead entry.
Accordingly the fifteen years OF
litigation over the land titles involved
in the Sioux City and st. Paul forfeit
ed land grants has assumed new
phase. The government has notified
holders of land based on Sioux City
and st. Paul railroad contracts to show
cause within sixty days why proceed
ings should not be instituted to recov-
er the land SO patented. This move on
the part of the government, it is said,
is to cancel all these contracts. and if
this is done it will throw all the dis
puted land open to homestead entry.
Suits over O'Brien county land
have been in the courts for fifteen
years. and have now reached a very
complicated stage. In 1866 the state of
Iowa. according to an act passed by
congress, agreed to allow the Sioux
City and st. Paul railroad company 100
sections Of land for every ten miles
of railroad built. This was done to
aid railroad construction in the state.
The road was to run from Sioux City
TO the state line of Minnesota, but
when the railroad company commenced
TO build it started from the state line
OF Minnesota and stopped at LeMars,
the length of the line being fraction
over fifty-six miles.
Origin Of the Dispute.
According to the agreement the rail-
road company was given $4,000 acres
been given 407,S70 acres. This discrep-
ancy arose on account of congress APP
portioning 407S70 acres for the use and
benefit of the r-ilroad, understanding
that the railroad would be built to
Sioux City, as was the original scheme.
But the company contended that it
was entitled to 407.S70 acres of land.
There was no dispute as to how much
the railroad company was entitled to
at that stage, but as time progressed
homesteaders began making entries on
the land. When it came to proving up
their claims they discovered that they
had been settling on land claimed by
the railroad company, but which they
understood to belong to the govern
ment.
Suits. counter suits, and cross petit
tons came in rapid succession till tho
cases have been dragged thru one
court and other for fifteen years.
To add to the complications of the
affair a number of people had bought
land in the disputed territory from the
railroad company. The situation then
was that while some people We're OBJ
tanning the land from the government
others were buying the same land from
the railroad or buying land from the
railroad which lay in the disputed 81
900 acres and which the government
claimed it owned.
Now the government steps in and it
looks as if the question will be settled
for once and all. But in the settling,
the manner of procedure indicates that
those holding land bought from the
railroad company may lose out. If the
government can prove that the land
does not belong to the railroad COM
pany and never did belong to it, then
those who bought the land from the
railroad will have to give it up. On
the other hand, should the railroad
company prove that the land belonged
to it and that the government has lost
all claim upon it, then those who have
made homestead entries on the land
will have to give 1t up.
The expectation is that should the
government win the case it will allow
those who bought the land from the
railroad company to file on the land in
the formal manner. This will allow
them to retain the land, and will also
give the government the filing fees
which are due it. Should, however, the
railroad company win the suit, there IS
very little doubt as to what will .|'e
done, the impression being that those
who have settled on the land under
the government entry will have to pay
the railroad company.
The suits will be brought technically
against the owners Of land bought
from the railroad, but the whole oues-