Daily capital journal. (Salem, Oregon) 1903-1919, 1906-05-12

not only improved there lands but they
had helped build roads. school houses
and churches and this caused towns to
be built and railroad, thus transform.
ing portions of Sherman and Wasco
counties from a cattle and sheep range
to an agricultural region, making
lands increase from little or no value
to from $25 to $50 an acre.
AS you realize the loss from earth
quake by people in California you can
form some idea Of these peoples loss.
1t is true, those improvements are not
destroyed, but the people who built
them and who should enjoy them have
only the privilege Of seeing others
enjoy the profits Of their labor.
Now, as to the overlap on the con.
structed branch of the Northern Pa
cifc now pending: On May 2, 1885
the Northern Pacific railroad (now
railway company selected the lands
now in controversy on account of its
|
missioner in the above referred to let
ter says, "Its selection was cancelled
December Z, 1892, for the reason that
the lands were within the forfeited
main line grant and restored to entry"
Those who live on these lands know
the department received filings on
these lands all the timv after that date
until recently.
The commissioner in the same letter
says: "The department on April 20,
1905, changed its former rulings that
within the overlapping primary limits
the grant on account of the construct
ed branch line was only of moiety
of the land and held that in the adj
iustment of their grant the company
must be credited for the full amount of
the odd numbered sections within the
primary limits of its constructed
branch line, and gave directions for
the listing of such add numbered sec
tions as has been disposed of under the
former ruling for relinquishment by
the railway company under the pro-
visions of the act of July /, 1898 $50
stat. $4,000
Let your readers please not here
that all lands disposed of are included
in this ruling. And it further appears
that they have found out that those
lands do not all come under the pro-
visions of the act of July /, 1898, for
in the same letter the commissioner
says: "Fnrther conflict as to the
tract in Section % cannot be adjusted
under the act of Jply, 1898, supra, but
there is a bill pending before congress
to extend the provisions Of the act of
July, 1898, to this class of cases"
Your readers already know what has
been accomplished in regard to this
bill. II is Senator Fulton's bill, and
| If it passes and the railroad accepts its
provisions you will not have to leave
your homes; otherwise the settlers on
these lands will move out or buy of
the company these lands.
While there seems TO be no opposi-
tion to this bill yet for want Of time
this congress may adjourn ere its time
comes on the calendar; for remember,
in the case Of those already out on
The Dalles military overlap district
that the report Of their claims for
losses was sent TO the session OF the
5sth congress, referred to the public
lands committee and ordered printed.
The 59th congress has so far as 1 can
learn, never done anything, though
Senator Gearin is member Of that
congress, sspires TO reelection and y
familiar with all the details Of these
peoples losses because he was their
attorney in their suit to defend their
title to their homes.
Why title fail where patents are is
sued in these overlap districts is best
expressed in the language Of Judge
Bradshaw = decree in the Meader case.
He says: "That subsequently to the
act Of congress approved September 20.
1890. and prior 10 - day Of June,
s93. the secretary Of the interior.
without authority of law and wrong
fully opened TO settlement said tract
of land, and on said - day of June.
1898, said defendant, George Meader,
fled in the United States land office
Of the district in which said tract is
situated his homestead application for
said land, and thereafter, On May 20,
1894. the secretary of the interior
wrongfully and unlawfully caused TO
be issued. and the president Of the
United States wrongfully and unlaw'
fully executed, patent for said landi