The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-03-16
Is Railroad Protected in Forest
Reserve Transactions?
May Keep Tracts Secured in
Arizona and New Mexico.
CANNOT BE ERECOVERED
Government POwerless to Save
100000 Acres.
Courts Win Decide If Railway
May Continue Exchanges.

Washington, March 16.-While it is q
fact that what is known as the "lieu~
land" act Of congress was repealed in
the closing days of the late congress,
it is also likely that a clause in the bill
making the repeal saves the Atchisons
Topeka & Santa Fe railroad in its hold
ings and resulting exchanges in the San
Francisco mountains reserve in Arizona.
The full text of the law repeating the
'lieu-land" law is as follows:
Be it enacted by the Senate and ths
House Of Representatives of the United
States of America in Congress assem-
That the acts Of June T. 1897, June 3,
1900, and March 3, 1901, are hereby repealed
so far as they provide for the relinQuish-
ment, selection and patenting Of lands in
lieu of tracts covered by an unperfecte0
bona fide claim or patent within a forest
reserve, but the validity of contracts en-
tered into by the secretary of the interior
prior to the passage of this act shah not
heretofore made in lieu of lands relin-
quished to the United States may be per-
tected and patents issue therefor the same
as though this act had not been passed.
and if for any reason not the fault of the
ton is held invalid another selection foB
like quantity of land may be made in
lieu thereof.
Approved March 3, 1896.
The following provision of this latest
law indicates that the Atchison, Topeka
& Santa Fe road Will not be hard hit By
this law:
80 but the validity of contracts
entered into by the secretary of the in
terror prior to the passage Of this act
shall not be impaired"
This phraseology has not been passed
upon definitely as yet by the depart
ment of the interior, or by the courts.
but it is written in a law of congress,
and until it is forbidden by the courts
the railroad will undoubtedly have the
legal right to continue it's policy of ex-
changing its land in the San Francisco
mountain forest reserve for other and
better lands outside.
Nothing can be learned at the depart
ment of the interior of any intention to
recover from the Atchison, Topeka &
Santa Railroad company for past
eXch2. under the lieu land" act
The repeal Of theabove REFEREED to act
was made upon the report of the COM
missioner of the general land Office,
the effect that much disadvantage. not
to say loss. accrued to the government
so long as the policy should continue of
permitting exchange of poor grade land
in forest reserves for much better and
more valuable land outside.
The land-lieu act above referred to
provided for the exchange Of unOccupl-
ed surveyed lands in Arizona or New
Mexico in exchange for land which lay
in the San Francisco mountains which.
according to an act of congress OF 1897
was created into the San Francisco
mountains forest reserve. The Santa
Fe railroad was the principal and only
large benefactor by this act of congress.
The land grants given the Santa Fe
when the line was built to the Pacific
coast gave the railroad large holdings
in the San Francisco mountains range
which parallels the Santa Fe railroad
for many miles in the desert.
From early reports it was indicated
that influences controlled by the Santa
Fe were instrumental in securing the
passage of the forest reserve act by
congress in order to make an opportuni-
ty for the railroad to exchange the
practically worthless lands in the noun
tains for valuable land in other lOca-
tions. 1t is reported that the Santa Fe
railroad succeeded in exchanging about
two million acres of land before con-
gress passed the above quoted act re-
pealing the land-lieu act and thereby
further exchanges. 1t is al
so reported that the above act Will save
to the government more than two
million acres which have not been
exchanged for worthless mountain
lands.
1t has also been reported that an ef-
fort was under way. to recover from the
railroads the land which has been Sc
cured under the provisions of the land
lieu act but the above report indicates
that this report is incorrect.