Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1908-06-19
HOMFSTEADfRS WIN
Supreme Court AffirmS
Case Affecting Many Nor
t rison Co. Farmers

0C. IS 2OlOuO JO0Tnal-FroSS ID: Ih0
Estate supreme court yesterday handed
down a decision in the case of the
Northern Pacific Railway company
against Fred and Pauline Waas in
which the verdict for the defendant
in the district court was affirmed.
This means agreat victory for two
hundred or more homesteaders in
Morrison and Todd counties, who will
become defendants in similar actions.
This case has been in contest for six
years. It was first brought to oust the
defendants from their homesteads.
It was claimed by the company in the
year 1877 it fled a selection list,
Including the lands in controversy.
This selection was revised several
times, but no approval was secured
from the secretary of the interior until
three years ago and the patents were
granted to the plaintiff. The above
defendant, a duly qualified home
steader, settled on the land in the
year 1899 and ever since has resided
on it and cultivated the property and
has made improvements on it to the
amount of 81, 200. In 1899 he applied
to make homestead entry, but the
application was rejected at the local
land Office on account of the railroad
selections. He then appealed to the
commissioner of the general land Office
and the secretary of the interior, and
his application was again rejected.
Judge Taylor decided last January
that the defendant has complied with
the homestead law and is entitled to
the land unless the unapproved
selection lists segregated it from the
public domain SO that it was not
subject to homestead entry The ques-
tion in the courts mind was whether
such a list is mere proposal to; take
such lands as indemnity and of no
effect until after approved by the
secretary Of the interior or does the
company by filing it remove all the
lands included therein from the opera
tion Of the public land laws without
such approval. 49, ..sst-l
The above case was brought by the
railway company several months ago.
The defendant secured P. B. Gorman
Of this city for his attorney and an
answer was filed in which it was
claimed that the farmer had filed on
the land and had lived there for nine
years and made many improvements.
For this reason he claimed that the
railroad had no right whatever to the
property, The railroad then demurred
to the answer and the above decision
was made. ss@~s-.-:e1-.1-s.s $z
The effect Of the order Of the
supreme court is widespread and will
affect 200 farmers residing in Todd
and Morrison counties. Most of these
farmers have lived on their farms for
years and have made Improvements to
the amount of 1000. 'ss
The homesteaders are correspond
ingly jubilant over the decision.
Mr.. German was in the city Mon
day. He feels quite elated, and
naturally, over the victory, two
courts having now confirmed his
views. While it is likely the case
will be carried to the U. s. supreme
court, Mr.. Gorman has no fear Of the
outcome. He found and showed the
state supeme court about fifty decisions
Of the highest courts in the land
sustaining his contentious, which
certainly Influenced the state court.
Mr. German has put immense time
and study into the cases, and the
supreme tribunal will undoubtedly
endorse the veteran advOcata