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

Let your readers please note mere
that all lands disposed of are included
in this ruling. And it further appears
that they have found that those lands
do not all come under the provisions
of the act of July /, 1898, for in the
same letter the commissioner says:
Further conflict as to the tract in
See. % cannot be adjusted under the
act of July, 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. 1t is Senator Fulton's bill, and
if it passes and the railroad accepts
it's 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 cases 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
Fifty-eighth congress, referred to the
public lands committee and ordered
printed. The Fifty-ninth congress has
so far as l can learn never done any.
thing, though Senator Gearin is mem
Der of that congress, aspires to re-elee-
tion and is familiar with all the details
of these people IS losses, because he was
their attorney in their suit to defend
their title to their homes.
Why titles 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
90, 1890, and prior to day of June,
1903, 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,
filed 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 29,
1894, the secretary of the interior
wrongfully and unlawfully caused TO be
issued, and the president of the United
States wrongfully and unlawfully exc
euted, a patent for said land; which
patent was therefore wrongfully deliv.
cred to the defendant, George Meader.
and the same was, thereafter placed
upon record in the records of deeds of
said Sherman county and became and
is cloud upon plaintiffs title to said
land"
The patents of settlers because these
cases are similar. for these lands are
only a cloud upon the title TO the
Northern Pacific railways title. How
important then, is it that Senator Full
ton s bill becomes law. We will soon
be called upon 10 decide who shall rep
resent us in congress. This trouble
emphasizes how carefully we should be
TO see that only men go there who, like
Senator Fulton in this case of trouble,
know how to remedy these things that
may arise.
will say in conclusion, Mr.. Editor,
that you and are not likely to live
to see a final settlement of these cases,
for if you will note the dates given by
the general land commissioner you will
see that it is twenty.one years the End
of May since the railroad filed its selee-
tions for these lands, and about seven
years afterwards they were cancelled
and the land opened to settlement, and
twenty years after these selections
were made the government again ae-
knowledges the railroad has a title for
these lands. This last ruling was April
25, 1905.
When a man looks at these date.
and these changed rulings it makes
him wonder if the child is yet born that
viii live long enough to see a perfect
title to their homes.
I realize I have taken great deal
Of space TO tell this history, but / could
see no way to abbreviste and tell all
the facts
Mr.. Editor, you deserve thanks for
keeping your readers posted, but it
seems TO me it is time the people with