East Oregonian : E.O. (Pendleton, OR) 1888-current, 1905-12-15

During the past day or two a rep
resentative of the Northern Pacific
land department has been here look
ing up titles to land involved In the
famous Overlap" case on which last
spring a decision favorable to the rail-
road company was given by the su-
preme court. After having finished
his labors here the agent left this
morning for Heppner, presumably to
look up titles to land in Morrow coun-
ty.
Regarding the bill that has just been
introduced in congress for the relief
OF settlers who hold land involved In
the overlap case, he says that the
same will allow those who now have
patents to land to retain the same,
but does not protect those who have
filed on lands but have not perfected
title. For the lands that have been
patented the railroad will be given
scrip with which they may acquire
land elsewhere.
According to the company's repre-
sentative. about 1000 acres OF the
overlap land in this county comes un-
der the different irrigation projects
that are proposed for the western part
Of the county. Some of this is under
the east UmatIlla project, while the
remainder is under the Furnish, Max
well and other bitches proposed or
now under construction. In view Of
the possibility OF the land being re-
claimed, the question OF title has nat
uraily become one of importance.
Il. ]. Slater, the local attorney, has
given the subject of the overlap case
considerable study. He stated this
morning that many settlers now hold
land In the overlap section. but have
not yet gotten patents Consequently.
II the proposed law only protects those
who have perfected title. great injus-
tice will be worked on the remainder.
History of the Overlap
The following is brief history of
the famous overlap case: In July.
1864. an act was passed granting the
Northern Pacific company every odd
numbered section OF land for n dis
lance of 40 miles on each side of their
roadway At that time the road was
planned to go down the Columbia
, making Portland the terminus. How
ever. the plans were changed, and in
stead the road was built from Pasco
to Seattle. Before such was done a
new grant of land was secured from
the government. A large portion OF
the land In the second grant was iden-
teal with that OF the original grant.
Also, the first grant had been enlarg-
ed by an addition of 10 miles more
on each side of the right OF way. BY
a ruling of the department of the in
terror the railroad company was al
lowed but every other odd section OF
land in the overlap, instead OF every
odd section as had been originally
given them.
This decision was accepted by the
company at the time. But later they
learned through a similar decision
that they might secure their original
claim, and suit was instituted. Last
spring the supreme court OF the United
States decided the case In the compa-
nys favor. 80 that they now have IT,
tie to every odd section.
However, in the meantime the gov
eminent had allowed settlers 10 file
on lands involved in the dispute, and
as a result many were holding such
claims when the last decision gave the
lands to the railroad company It
now remains to be seen what will be
the effect of the legislation proposed
for the relief OF the settlers, who arc
in danger of losing their lands as a
result OF the decision.